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MINUTES - 08032004 - SD.6 (2)
Note for Board of Supervisors Members: Advance copies of the Joint Report on Cable-Related Needs and Interests and Operator Past Performance and the Joint Request for Renewal Proposal was provided to each Supervisor at the July 27, 2004 Board meeting to provide additional time for your review. If you need additional copies of these documents, please contact the Clerk of the Board at 335-1900. Please also note that the Joint Staff Report on Community Needs and Interests and Operator Past Performance references the following;list of exhibits which were not provided to you due to their volume: Approx Pages A Draft Request for Renewal Proposals 48 A-1 Model Franchise 70 A-2 Model Cable Ordinance 48 B Buske Report 173 C CTC Technical Report 50 D CTC Technical Update 15 E I-Net Report 15 F Preliminary I-Net Operational Concept Document 14 G Distance Education in Contra Costa County 60 H Franchise granted to Seren Innovations by the City of Concord 68 I Franchise granted to Seren Innovations by the City of Walnut Creek 63 J Franchise granted to Seren Innovations by Contra Costa County 56 If, in addition to the materials transmitted provided to you on July 27, you would like to see any of the exhibits listed above, please contact Patricia Burke at 313-1180 and she will have copies made for you. Otherwise,they will be on file with the Clerk of the Board of Supervisors beginning;Thursday, July 29. f� x r f a✓L..L,"" 4 MODEL CABLE ORDINANCE TABLE OF CONTENTS Face ARTICLE 1. GENERAL PROVISIONS............................................................................. 1 Sec. Purpose............................................................................................. I Sec. Definitions........................................................................................ I ARTICLE 2. CABLE TELEVISION...................................................................................3 Chapter I Franchising Procedures...........................................................................3 Sec. Franchise required............................................................................ 3 Sec.�. Granting............................................................................................3 Sec. . Term of Franchise............................................................................4 Sec. . Franchise Characteristics .................................................................4 Sec. Franchise Applications....................................................................4 Sec. Application Fee................................................................................ 7 Sec. . New Franchise Procedure. ............................................................... 7 Sec.�. Franchise Renewal Procedure.......................................................... 7 Sec. . Modification of Franchise.............................................................. 10 Sec.�. Assignment and Transfer. .............................................................. 10 Sec.�. Transfer ofOwnership. .................................................................. 11 Sec. . Unauthorized Operation of Cable System...................................... 14 Sec. Acts at Cable Operator's Expense................................................ 14 Sec. Eminent Domain. ........................................................................... 14 Sec.�. Annexations.................................................................................... 1.4 Sec. . Joint exercise of powers agreement. .............................................. 14 Sec. . Cable Operator Subject to Other Laws, Police Power, .................. 15 Sec. Interpretation of Franchise Terms.................................................. 15 Chapter 2. City Administration of Franchise........................................................ 15 Sec. Administration................................................................................ 15 Sec. . Cable Programming. ...................................................................... 16 Sec. . Basic Service.................................................................................. 16 Sec. . Required Channel capacity. ........................................................... 1.6 Sec. . Performance Evaluation Sessions.................................................. 16 Sec. . Integration of Advancements in Technology................................. 16 Sec. Cable Service to Public Buildings Occupied by Public Agencies. 16 Sec. PEG Channels. ............................................................................... 16 Sec. . PEG Facilities...... .......................................................................... 16 Sec. . Institutional Network. .................................................................... 16 Sec. . Public Access Usage Management. ............................................... 17 Sec. �. Leased Access................................................................................ 17 Sec. . Interconnection............................................................................... 17 i See. . Emergency OveTride. ...—........—.,...-......,...^..—.—.-. 17 See. . TTee ,...—._.,..—_..—..._.-.,....-...~...—...— 17 Sen. . Removal and Abandonment of Cable .............................. 17 See. Acquisition of Cable ...~^-.,.—..',........~.^~...~-. 18 Chapter 3. Customer Service..—....—.—..----..----.--..........--...... lQ See, Continuity 0fService. ........................................... .^..................... {@ Sec. . Services...................................................... .^ 14 See. . Local Offioe. ~..........-........~......-.,...........,.—.,..-. 19 See. , Line Extensions.............................................................................. 10 Sec. . New Service Requests....................~...._._.-..—...........20 See. . System or Individual Outage Complaints. .....................................20 Sec._-_. .—.--..^.—.^,.—.—...^.....,^.,...^.2} Sec. . Notification UfService ......—...........—..-..2l Sec. . Nodificatiool0fService or Channel Changes..................................22 Sec, . Telephone Communication Services..............................................22 Sec. . Complaint Log. .—..—..—._.........._.............,...~.......,23 SeC. . Subscriber Test Requests. ..............................................................23 Sec. . Conditions OfService - Subscriber Information. ...........................23 Sec. . Complaints - Subscriber Information.............................................24 Sec. Investigation of ..........................................................24 Sec. . iDnceovith Standards. ............,...-...........-...24 Sec. Billing, Late Fees, Disconnection 0fService and Notification of RateChanges, ................ ..............................................................25 Sec. . Credits for Outages. ..__.....-...—.—.....,..-^.-^.^-.-.-~.—'.25 Sec. . ReftmdOf Deposits.......—.._,..'..—.—..........~............26 Sec. . Parental Control Lock. ...................................................................26 Sec. ..~.....^.....~...^..-.^.,^....—.-.....-~.-.......—....'...26 See. . Unauthorized Connections and ....................................26 Chapter 4. Construction and Technical Standards .—......—~—.....—.--.T7 See. Construction ............................................................ 27 Sec. . Standards.........................................................................................27 SCc. . Permits............................................................................................28 SeC, . Placement ofFacilities...................................................................28 See. Excess Conduit ............................................................................... 2g Sec^ . Markiniz ofFacilities.................................................................... ,29 See. , Exjntin*Poles and Conduits. .........................................................2g Sec. . Use byCity.....................................................................................2g See. . Notice QfWork............................................................................... 30 Sec' Use 0fPublic and Private ..~.,.........~.,..-..........,30 See. . TDteIference)vithPublic Projects; Relocation 0fFacilities............ 31 Seo. Other Permits. ..,_.....................—......—..-......._.-^ 31 Chapter 5. Administration and ...................................................... 31 Scc. . Franchise Fees................................................................................ ]1 Sec. . Fees onNon- Cable Operator Revenues........................................ 32 Sec. . Azdit'..,..._..,.~,....—.--._..,....—...._--...,....... 32 ii See. Late Payments................................................................................ 33 Sec. . No Accord or Satisfaction.............................................................. 33 See. . Records and Reports. ..................................................................... 33 See. . Location of Cable Operator's Properties........................................ 37 See. . Insurance. ....................................................................................... 37 Sec. . Indemnification. ............................................................................. 38 See. . Performance Bond.......................................................................... 39 Sec. . Security Fund. ................................................................................ 39 Sec. . Failure Constitutes Material Violation........................................... 40 See. . Possessory Interest. .......................................................................40 Chapter 6. Enforcement of Federal Rate Regulations. ........................................40 Sec. Effectiveness. ................................................................................40 Sec. . Rate Increases................................................................................40 Sec. . Auditor's Opinion...........................................................................40 See. �. Time for Action...............................................................................41 Sec. . Determination by City Manager.....................................................42 Sec. �. Determination by City Council .....................................................43 Sec. �. Appeals..........................................................................................43 Sec. . Violations.......................................................................................43 iii MODEL CABLE ORDINANCE The City/County of does ordain as follows: Title is hereby added to the Municipal Code to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec._ . Pur ose. The purpose of this ordinance is to promote competition in the cable industry, facilitate the development of cable infrastructure, minimize aesthetic impacts and damage to public property,provide for the payment of reasonable compensation for the commercial use of public property, and establish customer service standards. Sec. . Definitions. All of the following definitions shall be construed liberally for the purpose of maximizing the scope of this ordinance. a. Affiliate means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with a Cable Operator. b. Basic Service means any service tier which includes the retransmission of local television broadcast signals. c. Cable Operator means any person or group of persons(A)who provides Cable Service over a Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System, or(B)who otherwise controls or is responsible for, through any arrangement,the management and operation of such a Cable System. Cable Operator includes, but is not limited to, affiliates of a Cable Operator who perform services related to the Cable System such as advertising sales,billing, arranging for programming, installation and maintenance services and the sale or rental of equipment. d. Cable Programming Service means any video programming provided over a Cable System regardless of service tier, including installation or rental of equipment used for the receipt of such video programming, other than: (1)Video programming carried on the Basic Service tier; (2)Video programming offered on a pay-per-channel or pay-per-program basis; or(3)A combination of multiple channels of pay-per-channel or pay-per-program video programming offered on a multiplexed or time-shifted basis, so long as the combined service consists of commonly-identified video programming and is not bundled with any regulated tier of service. e. Cable Service means(A) the one-way transmission to subscribers of(i) video programming, or(ii) other programming service, and(B) subscriber interaction, if any,which is required for the selection or use of such video programming or other programming service. f. Cable System means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City,but such term does not include (A) a facility that serves only to retransmit the television signals of 2 or more television broadcast stations; (B) a facility that serves subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part,to the provisions of Title II of the Communications Act, except that such facility shall be considered a Cable System if such facility is used in the transmission of video programming to subscribers unless the extent of such use is solely to provide interactive or on-demand services under federal law; (D)an open video system that complies with 47 U.S.C. § 523; or(E) any facilities of any electric utility used solely for operating its electric utility system. g. FCC means the Federal Communications Commission, its designee,or any successor governmental entity thereto. h. Franchise means a non-exclusive authorization granted pursuant to this Ordinance and applicable law to construct, operate, and maintain a Cable System within the Public Rights-of-Way to provide Cable Service within all or a specified area of the City. Any such authorization, in whatever form granted, shall not mean or include any license or permit required for the privilege of transacting and carrying on a business within the City as required by State or City laws, ordinances or regulations,or for attaching devices to poles or other structures, whether owned by the City or a private entity,or for excavating or performing other work in or along Public Rights-of-Way, public property or private property. i. Franchise Agreement means a contract entered into pursuant to this Chapter between the City and a Cable Operator that sets forth, subject to this Chapter,the terms and conditions under which a Franchise will be granted and exercised. j. Franchisee means a Person that has been granted a Franchise by the City in accordance with the provisions of applicable law. k. Grass Revenues means any and all cash, credits, property or consideration of any kind or nature arising from, attributable to, or in any way derived by a Cable Operator, an Affiliate of a Cable Operator, a Person in which a Cable Operator has a financial interest, or any other entity that is a Cable Operator of a Cable System in the City, from the operation of a Cable System(including any studios and other associated facilities)to provide Cable Service. Gross Revenues includes, but is not limited to,monthly fees charged to Subscribers for any basic, optional, premium, per-channel,per-program service, cable programming service; or other cable service; installation,disconnection,reconnection, and change-in- service fees; leased Channel fees; franchise fees; late fees and administrative fees; fees, payments, or other consideration received from programmers for carriage of programming on the System; revenues from rentals or sales of converters or other equipment; studio rental, 2 production equipment, and personnel fees; advertising revenues; barter; revenues from program guides; revenues from the sale or carriage of other cable-related services; and revenues from home shopping channels. Gross Revenues includes,but is not limited to, all revenue whether or not actually received, such as the value of free service provided to Cable Operator's employees and the value of services bartered or exchanged for non-monetary consideration. Except as provided in this paragraph, nothing shall be excluded from.Gross Revenues for any reason, including but not limited to the fact that the Cable Operator may itemize particular items on subscriber bills. Gross Revenues shall not include any taxes on services furnished by the Cable Operator which are imposed directly on any Subscriber or user by the State of California, the City, or other governmental unit and which are collected by the Cable Operator on behalf of said governmental unit. A franchise fee is not such a tax. 1. Person means an individual, partnership, association,joint stock company,joint venture,domestic or foreign corporation, stock or non-stock corporation, limited liability company, professional limited liability company, or organization of any kind, or any lawful successor thereto or transferee thereof. Such term does not include the City. m. Public Rights-of-Way means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, avenue, boulevard, drive, concourse,bridge,tunnel, parkway, waterway, dock, bulkhead, wharf,pier, easement, or similar property or waters within the City in which the City now or hereafter holds any property interest, including, but not limited to, any riparian right,which, consistent with the purposes for which it was created, obtained or dedicated,may be used for the purpose of installing,operating and maintaining a Cable System. No reference herein, or in any Franchise Agreement, to a "Public Right-of-Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit use of the property for the purpose of installing, operating and maintaining a Cable System. A Cable Operator shall be deemed to gain only those rights to use the property as are properly in the City, in its sole determination, and as the City may have the undisputed right and power to give. n. Subscriber means any Person that legally receives any service delivered over a Cable System,whether or not a fee is paid for such service. ARTICLE 2. GABLE TELEVISION. Chapter 1 Franchising Procedures. Sec. _. Franchise required. No person shall establish, construct, operate, or maintain within this City a Cable System unless a Franchise has been obtained pursuant to the provisions of this division, and unless such Franchise is in full force and effect. Sec. _. Granting. The City Council may grant one or more nonexclusive revocable Franchises to establish, construct, operate and maintain Cable Systems within the City. A Franchise shall be effective only upon execution of a Franchise Agreement between the City 3 and a Cable Operator and compliance with all requirements of this Code. Each Franchise shall be subject to the provisions of this Code as it may be amended from time to time. Sec. _. Term of Franchise. A franchise shall be granted a term as specified in the Franchise Agreement,but in any event not greater than 15 years. Sec. Franchise Characteristics (1) A Franchise authorizes use of Public Rights-of-Way for installing cables, wires, lines, optical fiber,underground conduit, and other devices necessary and appurtenant to the operation of a Cable System to provide Cable Service within a Franchise Area,but does not expressly or implicitly authorize a Cable Operator to provide service to, or install a Cable System on,private property without the owner's consent or to use publicly or privately owned conduits or any other public property without a separate agreement with the owners thereof. (2) A Franchise shall constitute both a right and an obligation to provide the Cable Services regulated by the provisions of this Ordinance and a Franchise Agreement. (3) A Franchise is non-exclusive and shall not: explicitly or implicitly preclude the issuance of other Franchises to operate Cable Systems within the City; affect the City's right to authorize use of Public Rights-of-Way or City-owned property by other Persons to operate Cable Systems or for other purposes as the City deems appropriate; or affect the City's right to itself construct, operate, or maintain a Cable System, with or without a Franchise. (4) All privileges prescribed by a Franchise shall be subordinate to (without limitation)the City's use and any prior lawful occupancy of the Public Rights-of- Way or public property. (5) The City reserves the right to reasonably designate where a Cable Operator's facilities are to be placed within the Public Rights-of-Way or on any City-owned property the Cable Operator is otherwise authorized to use, and to resolve any disputes among users of the Public Rights-of-Way or such City-owned property. (6) A Franchise authorizes use of the Public Rights-of-Way for the installation and operation of a Cable System to provide Cable Service within a Franchise Area,but does not authorize such use for the installation and operation of a telecommunications system or network. The City reserves the right to adopt a telecommunications ordinance. Sec. �. Franchise Applications. All applicants for a new Franchise, a Franchise renewal or a Franchise transfer shall submit a written application to the City. All applicants shall be expected to offer to subscribers a modern,efficient, cost-effective system that will facilitate high-quality 4 maintenance, deliver a variety of programming and services, and provide the flexibility needed to adjust to changing technology and new developments in the industry. Applicants are encouraged to formulate their proposals in an innovative fashion, so as to meet the informational requirements of the City and the service needs of Subscribers. Proposals shall contain sufficient material to enable the City Council to make fully informed judgments concerning the adequacy of the proposal and the applicant's qualifications to construct, operate and maintain a Cable System in the City. All applicants shall, at a minimum,provide the following information unless waived by the City Manager: (1) The name, address and form of business of the applicant, and an identification of the ownership and control of the applicant, including: the names and addresses of the ten (10)largest holders of an ownership interest in the applicant and Affiliates of the applicant, and all Persons with five(5)percent or more ownership interest in the applicant and its Affiliates;the Persons who exercise working control over the applicant and its Affiliates, and the Persons who control those Persons,to the ultimate parent; all officers and directors of the applicant and its Affiliates; and any other business affiliation and Cable System ownership interest of each named Person. (2) A description of the Cable Services that are or will be offered or provided by the applicant over its existing or proposed facilities. (3) A description of the transmission facilities that will be used by the Cable Operator to offer or provide such cable services. (4) Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify: (a) The location and route requested for applicant's proposed cable facilities, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and electronics that will be installed along the plant route,the power sources that will be used, and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same. (b) The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the Public Rights-of- Way along the proposed route. (c) The location(s), if any, for interconnection with the facilities of other Cable Operators. (d) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate. (5) if applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its cable facilities on existing utility poles along the proposed route. 5 (6) If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify: (a) the excess capacity currently available in such ducts or conduits before installation of applicant's cable facilities; (b) the excess capacity, if any,that will exist in such ducts or conduits after installation of applicant's cable facilities. (7) A preliminary construction schedule and completion dates. (8) Financial statements prepared in accordance with generally accepted accounting principles by a certified public accountant or other accountant satisfactory to the City demonstrating the applicant's financial ability to construct, operate, maintain,relocate and remove the facilities. If in the normal course of its business,the applicant does not prepare a separate financial statement for the Cable System,the applicant may submit a combined financial statement for the local region,which statement shall include the Cable System. (9) Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the facilities and services described in the application, including identification of key personnel. (10) Information to establish the applicant's legal qualifications, including evidence that it has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide Cable Service. (11) A detailed description of all other services that the applicant intends to provide and sufficient information to determine whether such services are subject to franchising. (12) An accurate map showing the location of any existing facilities in the City that applicant intends to use or lease. (13) A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions. (14) A description of applicant's access and line extension policies. (15) A written description and detailed map of the exact area or areas of the City the applicant desires to serve and a schedule for build-out to the entire franchise area. (16) The number of activated, programmed channels that the applicant intends to provide together with the programming that the applicant intends to provide. (17) All fees, deposits or charges required pursuant to Section hereof. (18) Such other and further information as may be requested by the City Manager. 6 If a Franchise is granted to a Person who is acting on behalf of another or presenting its qualifications for the benefit of another and such information is not disclosed in the original application, such Franchise shall be deemed void and of no force and effect whatsoever. See. . Application Fee. (a)An application fee for a new or renewal Franchise or for transfer of a Franchise shall be required in the amount established from time to time by resolution of the City Council. (b) The purpose of the application fee is to pay the cost of studying, investigating and otherwise processing such application,which shall be in consideration thereof and not returnable or refundable in whole or in part. Application fees are over and above construction, inspection and permit fees. Application fees shall include, but not be limited to, all costs incurred in assessing community needs, conducting public meetings, and reviewing applications and negotiating franchise agreements, including consultant and attorney fees. The Cable Operator shall reimburse the City for any such costs within thirty(30) days of receipt of an invoice from the City. Payments made by a Cable Operator hereunder are not a Franchise fee and fall within one or more of the exceptions in 47 U.S.C. § 542(g)(2), and no such payments may be passed through to Subscribers in any form. Sec. _. New Franchise Procedure. Upon receipt of an application for a new Franchise,the City Council may, by resolution, approve or conditionally approve a Franchise Agreement with the applicant or deny the application. In making any determination hereunder as to any application,the City Council shall give due consideration to: the quality of the service proposed; rates to Subscribers; experience, character,background and financial responsibility of the applicant, its management and owners; system design; technical and performance quality of equipment; willingness and ability to meet construction requirements and to abide by franchise limitations and requirements; and other considerations deemed pertinent by the City Council for safeguarding the interests of the City and the public. Sec. . Franchise Renewal Procedure. (a) A Cable Operator may submit an application for renewal of a Franchise pursuant to 47 U.S.C. § 546(h). Such a proposal may be submitted at any time and the City Council may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal at any time (including after proceedings have been commenced in accordance with 47 U.S.C. § 546(a)). An informal renewal application may be denied for any reason. The provisions of subsections (b)through(e)below shall not apply to a decision to grant or deny a renewal pursuant to this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (b)through(e)below. 7 (b) As an alternative to the procedure specified in subsection(a)above, during the 6- month period which begins with the 36th month before the Franchise expiration, a proceeding to consider the renewal of a Franchise shall be commenced if the Cable Operator requests such a proceeding in writing. The City may also open such a proceeding on its own initiative. If the City receives such a notice from a Cable Operator, it shall commence the proceeding within 6 months of receipt. This proceeding shall be for the purpose of, among other things, identifying future cable-related community needs and interests, and reviewing the performance of the Cable Operator under the Franchise during the then-current Franchise term. The proceeding shall include, without limitation, a review of the foregoing matters by City staff and at least one noticed public meeting. The proceeding shall not be deemed complete until the review has been completed and the City has issued a request for renewal proposal, giving the Cable Operator written notice of Cable System and service features necessary to meet fixture cable-related community needs and interests, of information that must be included in a proposal for a renewal, and of a deadline for submission of a renewal proposal. (c) Upon completion of the proceeding described in subsection(b) above, a Cable Operator may submit a proposal for renewal. Any such proposal shall address the matters described in section above and subsection(b) above. (d) Upon receipt of a renewal proposal pursuant to subsection(c) above,the City shall provide prompt public notice of the proposal. Within four months after receipt of the proposal,the City shall either(1)renew the Franchise or renew the Franchise subject to conditions by adoption of a City Council resolution approving a Franchise Agreement; or(2) issue a preliminary assessment that the Franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding concerning the renewal. If the City Council determines that the Franchise should not be renewed, and the applicant that submitted the renewal application notifies the City, either in its response to the City's request for a renewal proposal, or within ten(10)working days of the preliminary assessment, that the applicant wishes to pursue any rights to an administrative proceeding it has under the Cable Act, then the City shall commence an administrative proceeding after providing prompt public notice thereof, in accordance with the Cable Act. If the City Council decides preliminarily to grant renewal,the City Manager shall prepare a final Franchise Agreement that incorporates, as appropriate,the commitments made by the applicant in the renewal application. If the applicant accepts the Franchise Agreement, and the final Franchise Agreement is ratified by the City Council in accordance with applicable laws and procedures including, but not limited to,the public hearing requirements of Sec. —,the Franchise shall be renewed. If the Franchise Agreement is not so accepted and ratified within the time limits established by 47 U.S.C. § 546(c)(1),renewal shall be deemed preliminarily denied, and an administrative proceeding commenced, if the applicant that submitted the renewal application requests a proceeding within ten(10)days of the expiration of the time limit established by 47 U.S.C. § 546(c)(1). (e) Any administrative proceeding pursuant to subsection(c)(2) shall consider whether. 8 (1) the Cable Operator has substantially complied with the material terms of the existing Franchise and with applicable law; (2) the quality of the Cable Operator's service, including but not limited to signal quality, response to consumer complaints, and billing practices,but without regard to the mix or quality of cable services or other services provided over the system, has been reasonable in light of community needs; (3) the Cable Operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the Cable Operator's proposal; and (4) the Cable Operator's proposal is reasonable to meet the future cable- related community needs and interests,taking into account the cost of meeting such needs and interests. The Cable Operator shall be given at least fourteen(14) days advance notice of the administrative proceeding. The City Council shall,by resolution, appoint an administrative hearing officer or officers (referred to hereafter as "hearing officer"). The City Council may appoint itself, a City employee or any other person as hearing officer. The hearing officer shall conduct a formal administrative hearing at which the City and the applicant shall have the right to present evidence. The hearing officer shall establish a schedule for the hearing which allows for documentary discovery and interrogatory responses,production of evidence, and cross-examination of witnesses. Depositions shall not be permitted unless the party requesting the deposition shows that documentary discovery and interrogatory responses will not provide it with an adequate opportunity to require the production of evidence necessary to present its case. The hearing officer shall have the authority to require the production of evidence as the interests of justice may require, including the right to require the production of evidence by the applicant that submitted the renewal application and any entity that owns or controls or is owned or controlled by, or under common control with, such applicant directly or indirectly. The hearing officer may issue protective orders, but shall not prohibit discovery on the ground that evidence sought is proprietary or involves business secrets. Any order may be enforced by a court of competent jurisdiction or by imposing appropriate sanctions in the administrative hearing. The hearing officer may conduct a prehearing conference and establish appropriate prehearing orders. Intervention by non-parties is not authorized, except to the extent required by the Cable Act. The hearing officer shall require the City and the applicant to submit prepared testimony prior to the hearing. Unless the parties agree otherwise, the applicant shall present evidence first, and the City shall present evidence last. Any reports or the transcript or summary of any proceedings conducted pursuant to 47 U.S.C. § 546(a) shall, for purposes of the administrative hearing,be regarded no differently than any other evidence. The City and the applicant shall be afforded full procedural protection regarding evidence related to these proceedings, including the right to refute any evidence introduced in these proceedings or sought to be introduced by the other party. Both parties shall have the opportunity to submit additional evidence related to issues raised in the proceeding conducted pursuant to 47 U.S.C. § 546(a). Following completion of any hearing,the hearing officer shall require the parties to submit proposed findings of fact with respect to the matters that the City is entitled to consider in determining 9 whether renewal ought to be granted. Based on the record of the hearing, the hearing officer thereafter shall prepare written findings with respect to those matters the City may consider, and submit those findings to the City Council and to the parties (unless the hearing officer is the City Council, in which case the written findings shall constitute the final decision of the City). If the hearing officer is not the City Council,the parties shall have thirty (30)days from the date the findings are submitted to the City Council to file exceptions to those findings. The City Council shall thereafter issue a written decision granting or denying the application for renewal, consistent with the requirements of the Cable Act and based on the record of the entire administrative proceeding, including, without limitation,the RFP,the response to the RFP,the formal hearing, the findings of fact, and any exceptions to the findings of fact. A copy of the final decision of the City Council shall be provided to the applicant. (f) The provisions of subsections (b)through(e) above are intended to reflect federal law and may be modified to conform to any changes in federal law. Sec. . Modification of Franchise (1)An application for modification of a Franchise Agreement shall include, at minimum,the following information: (A)The specific modification requested; (B) The justification for the requested modification, including the impact of the requested modification on Subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of pro forma financial statements; (C) A statement indicating whether the modification is sought pursuant to Section 625 of the Cable Act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. § 545; (D)Any other information that the applicant believes is necessary for the City to make an informed determination on the application for modification; and (E)An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with the requirements of applicable law. (2)A request for modification submitted pursuant to 47 U.S.C. § 545 shall be considered in accordance with the requirements of that section. Sec. �. Assignment and Transfer. (1) City shall select persons to whom it issues a franchise based upon the unique technical skills and talents of such persons to operate a cable communications system as well 10 as upon such persons relevant experience and financial condition. As such, a franchise is personal to the franchisee and the identity of a franchisee is a material part of the city's decision to issue a franchise. There shall be no transfer or assignment of a franchise, franchise agreement, franchisee or cable communications system, or of control over the same (including, but not limited to,transfer by forced or voluntary sale, merger, consolidation, receivership, appointment of a trustee or foreclosure, assumption and/or assignment under Title 11 of the United States Code, or any other means), unless prior application to City is made by the franchisee under section [ ]—Application for Transfer-- and City approves of such assignment or transfer by ordinance passed by the city council. Approval of an assignment or transfer hereunder shall only be on such terms and conditions as City deems necessary and proper to protect the public interest. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer. Sec. . Transfer of Ownershi . (1)Prior approval of the City Council is also required when there is a change in control of a Cable Operator, a Cable Operator or a Cable System. A change in control shall be deemed to include, but not be limited to,the following: (a) in the case of a partnership, a change in the general partner, (b)the acquisition by any Person or group of Persons acting in concert of ownership of twenty percent or more of the voting stock of a Cable Operator or the voting stock of any parent or affiliate which directly or indirectly owns or controls twenty percent or more of the Cable Operator's voting stock. The word "control" as used in this Section also includes working control over a Cable Operator or a Cable System, in whatever manner exercised. (2) Any of the events described in subsections (1) or(2) shall be referred to as a "transfer". (3) Upon foreclosure or other judicial sale of all or a substantial part of the system or upon the termination of a lease covering all or a substantial part of the system, the Cable Operator or Cable Operator shall notify the City. The notification shall be deemed notice of a change in control of the Cable Operator, which shall require the approval of the City Council. (4)Prior to any transfer, a Cable Operator shall promptly notify the City Manager of the proposed transfer. (5)At least one hundred-twenty(120)calendar days prior to the contemplated effective date of a transfer, the Cable Operator shall submit to the City Manager an application for approval of the transfer. Such an application shall provide complete information on the proposed transaction, including details of the legal, financial, technical, and other qualifications of the transferee, and on the potential impact of the transfer on Subscriber rates and service. At a minimum,the following information shall be included in the application,provided that, a Cable Operator is not required to duplicate information that it submits to the City Manager to comply with its obligations under federal or State law: 11 (a) all information and forms required under federal law or the equivalent of such forms if no longer required by federal law, (b) all information required in Sections of this Ordinance; (c) any contracts or other documents that relate to the proposed transaction, and all documents, schedules,exhibits, or the life referred to therein; (d) any shareholder reports or dings with the Securities and Exchange Commission that discuss the transaction; (e) other information necessary to provide a complete and accurate understanding of the financial position of the Cable System before and after the proposed. Transfer; (f)complete information regarding any potential impact of the Transfer on Subscriber rates and service; (g) a brief summary of the proposed transferee's plans for at least the next five (5)years regarding line extension,plant and equipment upgrades, channel capacity, expansion or elimination of services, and any other changes affecting or enhancing the performance of the Cable System; and (h) a list of all the proposed transferor's obligations under the Franchise, and a statement given under oath identifying which obligations have been met and in what manner they have been met. (6)For the purposes of determining whether it shall consent to a Transfer,the City or its agents may inquire into all qualifications of the prospective transferee and such other matters as the City may deem necessary to determine whether the Transfer is in the public interest and should be approved, denied, or conditioned as provided under Section . A Cable Operator and any prospective transferees shall assist the City in any such inquiry, and if they fail to do so, the request for a Transfer may be denied. (7)The City Council shall approve, conditionally approve or deny the transfer following receipt of all required materials within the period required under Federal law, if any,unless an extension is agree to by the City and the Cable Operator. Conditions of approval by the City Council may include, but are not limited to,the following: (a) Resolution of any outstanding franchise violations or performance deficiencies; (b) Payment of any outstanding franchise fees; (c) Payment of City costs incurred in reviewing the transfer; (c) Filing of any appropriate bonds, insurance endorsements, letters of credit or guarantees; and(d) Written assumption of all obligations of the transferor by the transferee. (8) Within thirty days after the date of the resolution approving transfer of the franchise, or within such extended period of time as the City Council in its discretion may authorize,the transferee shall file with the clerk of the City Council its written acceptance of 12 the franchise, in a farm satisfactory to the City,together with all required bonds and insurance certificates, and its agreement to be bound by and to comply with and to do all things required of it by the provisions of this division and the franchise award resolution. Such acceptance and agreement shall be acknowledged by the transferee before a notary public and shall be in a form and content satisfactory to and approved by the City attorney. (q) Revocation following Bankruptcy. (a) Notwithstanding any other provision of this chapter, a Franchise will automatically terminate by force of law one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the Franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. (b) However, the Franchise may be reinstated if, within the one hundred twenty(120)day period: 1. The assignment,receivership or trusteeship is vacated; or 2. The assignee, receiver, or trustee has fully complied with the terms and conditions of this article and the Franchise and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of the Franchise Agreement and this code. (10) Revocation upon Foreclosure. (a) Notwithstanding any other provision of this chapter, in the event of foreclosure or other judicial sale of any of Franchisee's facilities, equipment, or property, the City may revoke a Franchise after a public hearing before the City Council, by serving notice upon the Franchisee and the successful bidder at the sale. (b) The Franchise will be revoked and will terminate thirty (30) calendar days after serving such notice, unless: 1. The City approves the transfer of the Franchise to the successful bidder; and 2. The successful bidder agrees with the City to assume and be bound by the terms and conditions of the Franchise and applicable law. (11)Failure to comply with the requirements of this section.is a material breach of this Title, subject to the remedies provided for herein. 13 Sec. _. Unauthorized Operation of Cable System. Any Person occupying the Public Rights-of-Way of the City for the purpose of operating or constructing a Cable System,which Person does not hold a valid Franchise from the City, shall be subject to all provisions of this Chapter, including, but not limited to, those provisions regarding construction,technical standards and Franchise fees. The City at any time may require such Person to obtain a Franchise Agreement within thirty(30) days of receipt of a written notice from the City that a Franchise Agreement is required,require such Person to remove its property from the Public Rights-of-Way, and, at such Person's sole expense, restore the area to a condition satisfactory to the City within a reasonable time period as the City shall determine; remove the property itself and restore the area to a satisfactory condition and charge the Person the costs therefor; and/or take any other action permitted by law, including, but not limited to, filing for and seeking damages for trespass. In no event shall a Franchise be created unless it is issued by action of the City Council and the Franchise terms are set forth in a Franchise Agreement. If a Cable Operator operates a cable system without first obtaining a valid Franchise from the City,the Cable Operator shall forfeit to the City all Gross Revenues from the system for so long as such unauthorized operation continues. Sec. Acts at Cable Operator's Expense. Any act that a Cable Operator is or may be required to perform under this Chapter, a Franchise Agreement, or applicable law shall be performed at the Cable Operator's expense, unless expressly provided to the contrary in this Chapter, a Franchise Agreement, or applicable law. Sec. �. Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent,the City's rights of eminent domain to the extent to which such rights may apply to any Cable System or Franchise. Sec._. Annexations. Within thirty (30)days after annexation of areas to the City which are served by a Cable Operator who does not have a Franchise from the City, the Cable Operator shall apply for a new Franchise. Pending consideration of such a Franchise, the Cable Operator shall comply with each and every provision of this Article, including but not limited to the franchise fee requirement. If a newly annexed area is not actively served by a Cable Operator, the Cable Operator(s) serving the area within the City contiguous to the newly annexed area shall provide service to that area subject to the provisions of any applicable Franchise Agreement. Sec. _. Joint exercise of powers agreement. Should a joint exercise of powers agreement (Gov. Code, § 6500 et seq.) or similar agreement be entered between the county and a City or cities located therein in accordance with lave providing for the joint regulation of Cable Operators and cable services or other cooperative arrangements, involved Cable Operators shall be governed by, and subject to that agreement,pursuant to this Title's provisions, provided that no such joint powers agreement shall impair any right or obligation of the Cable Operator under a franchise agreement. 14 Sec. _ _ . Cable Operator Subject to Other Laws, Police Power. (1) A Cable Operator at all times shall be subject to and shall comply with all applicable federal, State, and local laws. A Cable Operator at all times shall be subject to all lawful exercise of the police power of the City, including but not limited to all rights the City may have under 47 U.S.C. § 552. Nothing in a Franchise Agreement shall be deemed to waive the requirements of the various codes, ordinances,policies,rules, regulations, and practices of the City and the City Council. (2)No course of dealing between a Cable Operator and the City, or any delay on the part of the City in exercising any rights hereunder, or any acquiescence by the City in the actions of a Cable Operator that contravene any of the City's rights (except to the extent such rights are expressly waived by the City in writing), shall operate as a waiver of any such rights of the City. (3)The City shall have the maximum authority to regulate Cable Systems, Cable Operators, and Franchises as may now or hereafter be lawfully permissible; unless rights are expressly waived in a Franchise Agreement, they are hereby reserved,whether expressly enumerated or not. (4)The City Manager and the City Council may, from time to time, issue such rules and regulations concerning Cable Systems as are consistent with, or authorized by, applicable law. (5)The City Manager and the City Council may do all things which are necessary and convenient in the exercise of their jurisdiction under this Chapter. Sec. �. Interpretation of Franchise Terms. (1) The provisions of this Ordinance and any Franchise Agreement shall be liberally construed in favor of the City in order to effectuate the purposes and objectives of this Ordinance and the Franchise Agreement and to promote the public interest. (2)The terms of a Franchise or Franchise Agreement shall be subject to this Ordinance. In the event of a conflict between this Chapter and a Franchise Agreement, the terms of this Ordinance shall control. (3) Subject to federal law or regulation, a Franchise Agreement shall be governed by and construed in accordance with the laws of the State of California. Chapter 2. City Administration of Franchise. Sec. _. Administration. The office of the City Manager is designated as having primary responsibility for the administration of every cable Franchise and this Article. Whenever a right may be exercised under this Article by the City or the City Manager, such right may also be exercised by a designee or employee. 15 Sec. . Cable Programming. If provided for in a Franchise Agreement, the cable programming offered by a Cable Operator shall include at a minimum each of the following categories as is appropriate to the franchise area: community, family, children's, news and public affairs, sports, cultural, religious, arts and music,minority or foreign language, and educational for all ages. Sec. _. Basic Service. Basic service shall be available to all subscribers. No Subscriber shall be required to purchase any other service as a prerequisite to purchasing basic service. Basic service shall include all public, educational and government channels at no extra charge. Sec. _. Required Channel capacity. The Cable System shall have the capacity,the number of activated and programmed channels and the data/video return("two-way" or"upstream") capability specified in the Franchise Agreement. The Cable System shall have a maximum frequency of no less than specified in the Franchise Agreement. Sec._. Performance Evaluation Sessions. The City and each Cable Operator shall hold scheduled performance evaluation sessions as specified in the Franchise Agreement. Sec. _. Integration of Advancements in Technology. In addition to such upgrades as may be required under a Franchise Agreement, it is the responsibility of a Cable Operator to periodically review upgrading its Cable System to integrate advancements in technology as may be required to meet the needs and interests of the community in light of the costs thereof. It is recognized that Subscribers in the City have an especially strong interest in a System design that will eliminate the need for set-top converters not necessary for advances in technology and/or otherwise permit Subscribers to fully utilize the capabilities of consumer electronic equipment while receiving Cable Service. Sec. �. Cable Service to Public Buildings Occupied by Public Agencies. A Franchise Agreement may include provisions regarding installation of service outlets in buildings occupied by public agencies within the Franchise Area, and provision of service to such facilities. Sec. _. PEG Channels. The Cable Operator shall make available eine or more dedicated channels on its Cable System for purposes of public, educational and governmental access, as set forth in the Franchise Agreement. Such channels shall be available on the lowest tier of basic service. Such channels shall not be used for any advertisements or commercial programming without the permission of the City. Sec. _. PEG Facilities. A Franchise Agreement may include provisions regarding facilities, services and equipment for use in relation to public, educational and governmental access. Sec._. Institutional Network. A Franchise Agreement may include provisions regarding construction and use of institutional networks. 16 Sec. _. Public Access Usage Management. Nothing in this section shall prevent the City from delegating to an independent nonprofit entity such as a commission or nonprofit corporation the authority to manage all or any part of the City's PEG facilities,programming and/or funds. The commission or nonprofit corporation may be established jointly with neighboring jurisdictions at the City's sole option. Sec._. Leased Access. A Cable Operator shall provide leased access channels as required by federal law. Sec. _. Interconnection. A Cable Operator shall design its System so that it may be two- way interconnected with any or all other cable television systems or similar communications systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods. A Cable Operator may interconnect its system with other Cable Systems upon its own initiative, or upon request of the City Council to interconnect. If so requested, a Cable Operator shall begin good faith negotiations concerning interconnection with the other affected system or systems. If so requested, a Cable Operator shall interconnect with any adjacent Cable System which is controlled by the Cable Operator or which is under common control. All signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a low level of distortion. A Cable Operator shall cooperate with any interconnection corporation, regional interconnection authority, state or federal regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems beyond the boundaries of the City. Sec. �. Emergency Override. To provide an emergency alert capability, each Cable Operator shall install and maintain an Emergency Alert System which allows the City to simultaneously override audio signals and broadcast emergency messages on all television channels. In case of public emergency,the City may, as directed by the Administrator of Emergency Services or other authorized official, activate and use such emergency override system for the duration of the emergency. Each Cable Operator shall assist and cooperate with the City in periodic testing of the emergency override system. Sec. _. Tree Trimming. When trimming trees, a Cable Operator shall comply with all City regulations applicable to utilities. Sec. _. Removal and Abandonment of Cable System. In the event that a Franchise is terminated or expires without being renewed, or if all or a portion of a Cable System is not used for a period of ninety (90) days,the Cable Operator shall either remove the Cable System or the abandoned portion thereof or shall obtain the permission of the Director of Community Development to abandon the Cable System in place within ninety (90) days. 17 The Cable Operator shall obtain an encroachment permit prior to removing the Cable System. Sec. _. Acquisition of Cable System. Notwithstanding the granting of a Franchise, the City retains the right to acquire the Cable System at any time by negotiated sale or eminent domain, and retains the right to resell the Cable System to any third party. If the City denies the renewal of a Franchise,the City may acquire the Cable System at a price not to exceed fair market value, determined on the basis of the Cable System valued as a going concern but with no value allocated to the franchise itself or any use of the Cable System for purposes other than provision of cable services. If the City revokes a Franchise,the City may acquire the Cable System at a price not to exceed the depreciated book value of the Cable System. Chapter 3. Customer Service. Sec. _. Continuit of Service. Subscribers have the right to receive, and a Cable Operator has the obligation to provide, efficient service,high-quality reception,prompt repairs and service interrupted only for good cause and for the shortest possible time. It shall be the right of all Subscribers to continue receiving service insofar as they have met financial and other obligations to the Cable Operator. In the event that the Cable Operator elects to over build, rebuild,modify, or sell the system, or the City Council gives notice of intent to terminate or fails to renew this franchise,the Cable Operator shall act so as to ensure that all subscribers receive continuous, uninterrupted service. (1)At the City's request, a Cable Operator shall, as trustee for its successor in interest, operate its System for a temporary period(the "Transition Period")following the termination, revocation, sale or Transfer of its Franchise, as necessary to maintain service to Subscribers, and shall cooperate with the City to assure an orderly transition from the existing Cable Operator to the successor Cable Operator. (2) During such Transition Period, a Cable Operator shall neither sell any of the System assets,nor make any physical,material, administrative or operational change that would tend to reduce the quality of service to Subscribers, decrease the System's income, or materially increase expenses,without the express written permission of the City. (3)The City may seek legal and/or equitable relief to enforce the provisions of this Section. (4) The Transition Period shall be no longer than the reasonable period required to ensure that Cable Service will be available to Subscribers, and shall be no longer than thirty-six (36)months,unless extended by the City Council for good cause. During the Transition Period, a Cable Operator will continue to be obligated to comply with the terms and conditions of its Franchise, this Chapter, and applicable laws and,regulations. (5) For its management services during this interim period, a Cable Operator shall be entitled to receive as compensation the Net Profit generated during the interim period. 18 (6) If a Cable Operator abandons its System during the Franchise term, or fails to operate its System in accordance with the terms of its Franchise during any Transition Period, the City,at its option, may(i) operate the System, (ii)designate another entity to operate the System temporarily until the Cable Operator restores service under conditions acceptable to the City or until the Franchise is revoked and a new Cable Operator designated by the City Council is providing service, or(iii)obtain an injunction requiring the Cable Operator to continue operations. If the City is required to operate or designate another entity to operate the Cable System, the Cable Operator shall promptly reimburse the City or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the Cable System. (7) A Cable Operator shall forfeit its rights to notice and a hearing, and the City Council may, by resolution, declare its Franchise immediately terminated, in addition to any other relief or remedies the City may have under this Ordinance, a Franchise, or other applicable law, if: (A)The Cable Operator fails to provide Cable Service in accordance with its Franchise over a substantial portion of the Franchise Area for ninety-six(96) consecutive hours,unless the City authorizes a longer interruption of service or the failure is due to force majeure, as characterized in.a Franchise Agreement; or (B)The Cable Operator,for any period,willfully, and without cause refuses to provide Cable Service in accordance with its Franchise over a substantial portion of the Franchise Area. See. . Non-Discriminatory-Services. A Cable Operator shall not deny service or access or otherwise discriminate against subscribers, channel users or general citizens on the basis of race, color, religion, national origin, sex, age, disability or occupation. Nothing in this section shall be deemed to prohibit senior discounts, See. . Local Office. A Franchise Agreement may require a Cable Operator to maintain a local business office in a location specified in the Franchise Agreement which shall be open during the hours specified in the Franchise Agreement. Sec. . Line Extensions. [INCORPORATED JURISDICTIONS: A Cable Operator must extend and make television service available to any person who requests it. There shall be no charge for any line extension required to extend service, subject to the terms of a Franchise Agreement regarding charges for subscriber service drops.] [CONTRA COSTA COUNTY: (1) A Cable Operator must extend and make cable television service available to every business location(other than home occupations)unless, due to the low density of businesses in a particular area,the County waives this requirement. A Cable Operator must extend and make cable television service available to every dwelling unit within three months in any unserved area reaching the average density of fifteen 19 occupied residential dwelling units per mile, as measured from the nearest active feeder line, or such other density as specified in the Franchise Agreement. Extension of cable television service to any unserved area satisfying the foregoing requirements will be subject to the fallowing: (a) Each occupied residential dwelling unit must be located within a distance of no more than four hundred feet from the anticipated location of such extension,provided that an occupied residential dwelling unit located more than this distance from the anticipated location of such extension shall be counted if the owner or occupant agrees to pay the Cable Operator an additional amount not to exceed the actual time and materials cost of the portion of the drop to such residential dwelling unit exceeding one hundred fifty feet; and (b) The Cable Operator is able to secure all necessary easements or rights-of- way for purposes of locating its Cable System in the area of such extension. (2) In areas not meeting the requirements for mandatory extension of service, a Cable Operator shall provide, upon the request of a potential subscriber desiring service, an estimate of the reasonable costs required to extend service to said subscriber, including materials, labor, overhead and private easements, if necessary. A Cable Operator shall then extend service within four months upon request of said potential subscriber,who shall be responsible for all reasonable costs associated with the extension. A Cable Operator may require advance payment or assurance of payment satisfactory to the Cable Operator.] Sec. . New Service Requests. (l) A Cable Operator shall provide service to all dwelling units and all business locations within the City(subject to the limitations on line extensions in the previous section) pursuant to the following requirements. (2) In any case in which either no new drop is required, or a new drop is required of no more than one hundred fifty feet, as measured from the nearest active or required feeder line along a reasonably direct route, a Cable Operator shall make cable service available at the standard connection charge within seven(7) days of receipt of any service request. In any case in which a new drop is required which is longer than one hundred fifty feet, a Cable Operator shall make cable service available at the standard connection charge within fourteen (14)days of receipt of any service request. Notwithstanding the foregoing, if the service request requires a drop in excess of one hundred fifty feet, a Cable Operator may charge the business or resident requesting service an additional amount which shall not exceed the actual time and materials cost of the drop in excess of one hundred fifty feet. (3)Upon receiving a request for new service, a Cable Operator shall make reasonable efforts to promptly acquire all easements or rights of occupancy necessary for extension of service to such resident's home and not already secured by the Cable Operator. Sec. . System or Individual Outage Complaints. 20 (1)Upon receipt of a service complaint,the Cable Operator shall respond as follows: (1)to a system outage within two hours; (2)to a service interruption,within twenty-four hours; and(3)to all other reception problems,by the next working day or as agreed upon by the subscriber and a Cable Operator. The Cable Operator shall have available at all times a sufficient number of technicians capable of responding to the foregoing matters within the foregoing time frames. A service interruption is the loss of picture or sound on one or more channels. A system outage is a service interruption that affects more than two Subscribers. (2) A Cable Operator will be deemed to have responded to a service complaint when a field service representative competent to fix the problem arrives at the service location (which may be some portion of the Cable System and not a subscriber's residence) and begins work on the problem. In the case of a response which involves a request for service at a subscriber's residence, and the subscriber is not home when the field service representative arrives, response will be deemed to have taken place if the field service representative leaves notification of arrival and instructions for rescheduling on the subscriber's front door. (3) Where a Cable Operator is unable to respond to a service complaint within the applicable time period specified in this section,the Cable Operator shall make reasonable efforts, within such time period,to notify the complainant of the reason(s) and the estimated time frame for correction, and shall proceed to correct the service complaint at the earliest possible time. (4)Repairs and maintenance for system outages and service interruptions shall be completed within 24 hours. Work on all other requests for service, other than installation, shall be completed within three days of the initial request. (5)The time standards in.Section (New Service Requirements) shall be met at least 95 percent of the time,measured on a quarterly basis. Sec. . Scheduling_A;p ointments. All appointments for service, installations, or disconnection shall be specified by date. At the Subscriber's option,weekday service calls shall be scheduled as morning or afternoon appointments during specified four hour blocks of time. For service calls responding to system or individual outages,holiday and weekend scheduling shall also be available. If the appointment cannot be kept, a Cable Operator shall make reasonable efforts to promptly notify the subscriber in advance and reschedule the appointment. A Cable Operator may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. Subscribers who have experienced a missed appointment due to the fault of a Cable Operator shall receive installation free of charge if the appointment was for installation. The Subscriber shall receive a credit against the Basic Service Charge in the minimum amount of twenty dollars ($20.00) if the missed appointment is for a service call. Alternatively, Subscribers may pursue their remedies pursuant to Civil Code section 1722. Sec. _. Notification of Service Interruptions. Where service interruptions are planned, a Cable Operator shall notify Subscribers and the City at least forty-eight hours before the 21 anticipated service interruption, provided that only twenty-four hours notice shall be required for service interruptions that do not require more that two hours' interruption of service and that also occur between 1:00 a.m. and 6:00 a.m. Notification need not be repeated before each anticipated interruption as long as the initial notification advises of the possibility of repeated interruptions during a specified period not to exceed one month. To the extent feasible,the Cable Operator shall avoid interruptions between 5:00 p.m. and midnight. Sec. _. Notification of Service or Channel Changes. The Cable Operator shall notify Subscribers of any changes in programming services or channel positions as soon as possible through announcements on the Cable Operator and in writing. Notices must be given to subscribers a minimum of thirty (30)days in advance of such changes if the change is within the control of the Cable Operator. The Cable Operator shall provide a copy of all notifications to the City and shall make every reasonable effort to do so at least seven(7) days in advance of the distribution to subscribers. If the subscriber notice is not timely provided, the proposed change may not occur until and unless the proper notice is provided. Sec. �. Telephone Communication.Services. (1) Each Cable Operator shall render efficient telephone communication service, sufficiently staffed by knowledgeable, courteous personnel. (2) Customer Service Response. At a minimum, a Cable Operator shall have on duty a sufficient number of customer service representatives available to handle customer calls during all hours that the business office is open. During times not handled by customer service representatives, each system must have a capable answering service for repair requests or service complaints. Answering machines are not acceptable, except for automated response units that are used to process and route calls to on-duty personnel of the Cable Operator. (3) Telephone system requirements. Each Cable Operator shall at all times provide a telephone system meeting the following requirements: (a) Each Cable Operator shall have a phone system with a sufficient capacity to promptly respond to telephone calls. Telephone numbers for customer service shall be listed in a local telephone directory. All telephone lines for customer service shall be toll free to subscribers within the franchise area. (b) Knowledgeable, qualified customer service representatives shall be available to respond to customer telephone inquiries during all hours that the business office is open. (c) Under normal operating conditions, telephone answer time by a customer service representative, including wait time, and the time required to transfer the call, shall not exceed thirty seconds. Those systems which utilize automated answering and distributing equipment shall limit the number of routine rings to four or fewer. Systems not utilizing automated equipment shall make every effort to answer incoming calls as promptly as the 22 automated systems. Under normal operating conditions,the customer shall receive a busy signal less than three percent of the total time that the telephone system is staffed by customer service representatives. These standards shall be met no less than ninety-five percent of the time measured quarterly. (d) Each Cable Operator shall,by means of automatic monitoring equipment, track all customer service telephone calls and prepare monthly summaries of all calls according to the criteria listed in subsection(c). Such report shall be delivered to the City annually and, in addition, as requested. (e) Notwithstanding subsection(c) above, in cases of major system outages or major service interruption, a Cable Operator may provide a recorded message informing customers of the problem and probable correction time as long as customers are still able to reach a customer service representative. (f) In cases where a Cable Operator's existing telephone system cannot demonstrate compliance with the standards set forth in subsections (c)or(d),the Franchise Agreement may specify comparable criteria for the Cable Operator's telephone system and the time frame for compliance with the standards set forth in this section. Sec. _. Complaint Loa. The Cable Operator shall keep a computer log or written record for at least three years of(1) all service calls and complaints which require the dispatch of a service vehicle to respond to the service call or complaint, and (2) all. calls regarding outages, regardless of whether a service vehicle was dispatched,together with the disposition of all such calls. This record shall be available for public inspection by the affected Subscriber at the local office of the Cable Operator during regular office hours such that each subscriber may examine his or her own records. The log or record shall be available for inspection by the City at any time at the local office of the Cable Operator during regular office hours. Before making a record available for inspection under this section, the Cable Operator may require reasonable advance notice, which shall in no event exceed one working day. Sec. _. Subscriber Test Requests. Upon reasonable request or complaint by a Subscriber, a Cable Operator shall, at its sole expense,perform such signal level tests as necessary to establish if a signal of requisite quality is being delivered to the subscriber's premises. The test shall be conducted at the Subscriber's receiver and at other such locations deemed necessary by the Cable Operator, and a copy of the written test results shall be made available to the subscriber upon request. Sec._. Conditions of Service - Subscriber Information. Each Cable Operator shall send or deliver to all new and reconnected Subscribers in writing and to all subscribers at least once a year, in a form easy to read and understand, information concerning the conditions of service, including but not limited to: rates,fees, charges, deposits, refunds of deposits, available levels of service(tiers),payment options, discounts(if any), service call policy,privacy protections and disconnection and reconnection policy. Each Cable Operator shall provide a copy of such information to the City prior to its distribution to the Cable Operator's subscribers for review and comment. 23 Sec. . CoMplaints - Subscriber Information. Upon connection or reconnection to the system and at least once a year, a Cable Operator shall,by appropriate means, such as a card or brochure,printed notice on billing statement, or billing insert, furnish to each subscriber information concerning the procedures for making inquiries or complaints to the Cable Operator or the City, including the name, address and local telephone number of the Cable Operator and the City. The form and content of the complaint notice shall be subject to review and comment by the City. Sec. . Investigation of Complaints. (1)When there have been a significant number of complaints made, or where there exists other evidence which, in the judgment of the City, indicates a problem with the reliability or quality of Cable Service as required under this Title or in a Franchise Agreement,the City Council shall have the right and authority to require a Cable Operator to evaluate the performance, operation or administration of the Cable System including without limitation matters relating to customer service. The Cable Operator shall fully cooperate with the City in performing such evaluation and shall prepare results and a report, if requested,within thirty days after notice. Such report shall include the following information: (a) The nature of the complaint or problem which precipitated the evaluation; (b) What system component, operation or service was evaluated; (c) The equipment used and procedures employed, (d) The method, if any,by which such complaint or problem could be or has been resolved; and (e) Any other information pertinent to the evaluation which may be required. (2) The City may require that evaluations be supervised, or conducted, at a cost to be paid by the Cable Operator, by an engineer,accountant or other consultant selected by the City and not on the permanent staff of the Cable Operator or the City. The engineer, accountant or other consultant shall sign all records of the evaluation and forward to the City such records with a report interpreting the results of the evaluation and recommending actions to be taken. The City's rights under this section, shall be limited to evaluating specific subjects and characteristics based on complaints, circumstances or other evidence which cause the City to reasonably believe that evaluation is necessary to protect the public against substandard cable service. Sec.�. Non-Compliance with Standards. In the event of repeated noncompliance with the customer service standards contained in this Chapter,the City may,in addition to pursuing any other civil or criminal remedy, direct the Cable Operator to add sufficient personnel and/or telephone lines and equipment to ensure compliance with such standards. 24 Sec. �. Billing,Late Fees,Disconnection of Service and Notification of Rate Changes. (1) Bills for service shall be monthly. Nothing in this section shall prohibit voluntary prepayment of services by Subscribers,provided that a Cable Operator shall not be required to offer or accept any discount or other reduction in the amount paid by any Subscriber for a voluntary prepayment of services. Each bill shall include a listing of the Cable Operator's customer service telephone number in a manner that makes such number significantly more prominent than any other telephone numbers listed on the bill. Bills shall not list the City's telephone number in a manner that causes confusion to the public. All telephone numbers shall be listed on the bill in a form approved by the City. (2) Bills will be clear, concise and understandable. Bills must be fully itemized,with itemizations including, but not limited to,basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges,rebates and credits. (3) In case of a billing dispute, a Cable Operator must respond to a written complaint from a Subscriber within thirty(30)days. (4) Before itemizing on Subscriber bills any fees,taxes, assessments or other items payable to the City the itemization of which is not expressly authorized by state or federal statute or regulation, a Cable Operator shall submit a sample bill to the City for review and comment. In the event that the billing language proposed by the Cable Operator is misleading or incomplete,the Cable Operator shall modify the same as requested by the City or shall include a reasonable explanation as agreed to by the City and the Cable Operator. (5) Charges on a bill shall not be deemed delinquent and a Subscriber shall not be subject to a late fee, so long as payment is received from the Subscriber within ten days after the end of the service period covered by the bill. (6) A Cable Operator shall only disconnect a subscriber's service for good cause. A Cable Operator shall not disconnect service for non-payment until the Cable Operator has provided the Subscriber with notice,provided on or after the due date of the subscriber's bill and separately from that bill or any other standard monthly bill,at least ten(10) days in advance of the disconnection. The notice shall specify the earliest date the disconnection will occur,the total payment required to avoid disconnection and the telephone number and office hours to contact a customer service representative. In no event shall disconnection for nonpayment occur less than fourteen(14)days after the end of any billing period for which charges are delinquent. If service is disconnected by the Cable Operator's personnel at or near the drop to the subscriber, such personnel first attempt to visit the Subscriber and give the subscriber an opportunity to continue service by paying all accrued charges. Sec. . Credits for Outages. (1) Except for loss of service beyond the reasonable control of a Cable Operator, after notification from a Subscriber of a service interruption or system outage and following 25 the time frames set out in Section for an opportunity to cure,the Cable Operator shall,upon request, credit the Subscriber's account on a pro-rata basis one-thirtieth of the subscriber's monthly rate for each day or portion of a day that the system outage service interruption continues. In addition, in cases where, within any seven-day period,there have been more than six system outages or service interruptions of fifteen minutes or more, the Cable Operator shall,upon request,credit the subscriber's account for one-fourth of the subscriber's monthly rate. Should a system outage or service interruption affect a pay-per- view or other similarly priced per-event service,the subscriber shall, upon request,be credited the charges for such service. (2) Nothing in this section shall prohibit a Cable Operator from giving other credits. Sec._. Refund of Deposits. a Cable Operator shall refund all Subscriber deposits within thirty days of termination of service. Any outstanding balance, including any equipment not returned by the Subscriber,may be deducted from the deposit. The refund shall be mailed to the Subscriber at no expense,or shall be handled as otherwise agreed to by the Subscriber. Sec. _. Parental Control Loch. Each Cable Operator shall provide Subscribers, upon request,with a parental locking device or digital code that permits inhibiting the video portions of premium channels. The Cable Operator may charge a reasonable rate for such a device. Sec. . Privacy. (1) A Cable Operator shall not sell or otherwise release to any Person,without specific written authorization from each individual Subscriber, any list which identifies individual Subscriber viewing habits or any list which contains the name, address and/or telephone numbers of individual Subscribers. (2) A Cable Operator shall not place in a residence any equipment capable of being used by the Cable Operator for audio eavesdropping or video surveillance. In addition,the Cable Operator shall not activate any two-way communications capability of the system in a Subscriber's residence, or use the system to gather information about individual Subscriber viewing habits, without the Subscriber's informed written or electronic consent. Notwithstanding the above, a Cable Operator shall have the right to use the system to (i) obtain information necessary to render cable service or any other service provided by the Cable Operator to the Subscriber, (ii)verify receipt of cable service for billing purposes or (iii)detect unauthorized reception. Sec. _. Unauthorized Connections and Tampering. No person, firm or corporation shall make any unauthorized connection,whether physically, electrically, acoustically,inductively or otherwise,with any part of a franchised Cable System for the purpose of taking or receiving television signals,radio signals,pictures,programs, or sound. Also no person, without the consent of the owner, shall tamper with,remove or injure any cables,wires or equipment used for distribution of television signals,radio signals, pictures, programs or sound. 26 Chapter 4. Construction and Technical Standards, Sec. _. Construction Requirements. All construction(including, but not limited to,the initial construction of the Cable System and any rebuild, expansion, replacement,repair or maintenance of all or any part of the Cable System) shall be performed in compliance with this Article and all other provisions of this Code. At least ninety(90) days prior to initiating any major construction(other than routine maintenance or repair, installation of subscriber drops or minor line extensions), a Cable Operator shall submit a construction plan to the City. The construction plan shall include a description of the work, equipment specifications, existing and proposed locations of all facilities,traffic control plans, resident and business notification plans, steps to be taken to ensure compliance with local regulations, and a detailed construction schedule. The City may approve, conditionally approve or deny the construction plan. The City may require the posting of construction bonds. Additional construction requirements may be specified in a Franchise Agreement. Sec. �. Standards. A Cable Operator shall construct, install, operate and maintain its system consistent with all of the following: (a) All ordinances and construction standards of the City. (b) National Electrical Safety Code. (c) National Electrical Code. (d) Rules,regulations and orders of the Federal Communications Commission. (e) Rules, regulations and orders of the California Public Utility Commission. (f) All other applicable federal, state and local laws and regulations. A Cable Operator shall construct, install and maintain its Cable System in an orderly and professional manner,using due diligence and materials of good and durable quality. All such work shall be performed in close coordination with other public and private utilities following accepted construction procedures and practices and working through existing committees and organizations. All cable and wires shall be installed, where possible,parallel with and in the same manner as electric and telephone lines on the same poles. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. A Cable Operator shall, at its own cost and expense, install and maintain shielding, filtering and grounding at affected installations with the system to eliminate television interference encountered from overload by amateur radio transmissions which are in compliance with FCC regulations. A Cable Operator's Cable System within the City shall meet or exceed the technical standards set forth in 47 C.F.R. § 76.601, et sea., and any other applicable technical standards, including such standards as hereafter may be adopted by the City subject to applicable federal law. 27 Upon request by the City, a Cable Operator shall perform, at its sole cost, all tests necessary to demonstrate compliance with the requirements of a Franchise Agreement and other technical and performance standards established by applicable law. Unless a Franchise Agreement or applicable law provides otherwise, all tests shall be conducted in accordance with federal rules and in accordance with the most recent edition of the National Cable Television Association's "Recommended Practices for Measurements on Cable Television Systems," or such other manual as may be directed under FCC regulations. A written report of any test results shall be filed with the City within seven(7)days of this test. If a location fails to meet technical or performance specifications,the Cable Operator,without requirement of additional notice or request from the City, shall promptly take corrective action, and retest the locations. Any deficiencies shall be corrected within thirty(30) days of the original test. Every System, and all parts thereof, shall be subject to the right of periodic inspection and testing by the City to determine compliance with the provisions of this Chapter, a Franchise Agreement, and other applicable law. The City shall have the right, upon request, to be notified and to be present when a System is tested by a Cable Operator. Each Cable Operator shall respond to requests for information regarding its System and its plans for the System as the City may from time to time issue, including requests for information regarding its plans for construction,operation, and repair, and the purposes for which the plant is being constructed, operated or repaired. A Cable Operator shall comply with all of the same standards and codes, including but not limited to the payment of inspection fees,to construct and maintain its system within private rights-of-way as are required for construction in the Public Rights-of-Way. Sec. _. Permits. Construction, operation or repair of a Cable System shall not commence until permits required by the City Code for the installation of facilities in the Public Rights- of-Way ights- ofWay have been properly filed for and obtained from the proper City officials and required permit and associated fees are paid. In any permit so issued, the City may impose, as a condition of the granting of the permit, such conditions and regulations as may be necessary to the management of the Public Rights-of-Way or City-owned property, including,by way of example and not limitation,conditions and regulations for the purpose of protecting any structures in the Public Rights-of-Way or on City-owned property, for the proper restoration of such Public Rights-of-Way and City-owned property, and any structures located thereon, and for the protection of the City,the public and the continuity of pedestrian and vehicular traffic. Sec. _. Placement of Facilities. Cable System operators shall follow City requirements for placement of facilities in Public Rights-of-Way or City-owned property including the specific location of facilities in the Public Rights-of-Way or City-owed property, and shall in any event install facilities in a manner that minimizes interference with the use of City- owned property and Public Rights-of-Way by others, including others that may be installing Cable Systems, other communications facilities, or utilities. The City may require that facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular Public Right-of-Way or piece of City-owned property, 28 may deny access if the operator is not willing to comply with the City's requirements; may remove any facility that is not installed in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place, or manner of installation, and charge the operator for all the costs associated with removal; and may require a Person using Public Rights-of-Way, or City-owned property to cooperate with others to minimize adverse impacts on the Public Rights-of-Way or City-owned property through joint trenching and other arrangements. The City shall have the right to inspect all facilities being placed underground before they are covered. It shall be a Cable Operator's responsibility to arrange for inspection of underground facilities by the appropriate City official, and the City shall have the right to require an operator to reopen a trench or other underground installation if any facilities are covered before the City has inspected them. Upon order of the City Manager, all work which does not comply with the permit,the approved plans or specifications for the work, or the requirements of this Chapter,the Franchise,or other applicable law, shall be promptly removed by the Cable Operator at its expense. Sec. _. Excess Conduit. In a Franchise Agreement,the City may require as a condition of issuing any Public Right-of-Way permit for underground conduit, the installation of which requires excavation of or along any Public Right-of-Way, that the Cable Operator emplace conduit, in excess of its present and reasonably foreseeable requirements, for the purpose of accommodating other Cable Operators for a reasonable charge. Sec. . Marking of Facilities. Each Cable Operator that places facilities underground shall be a member of USA and shall field mark the locations of its underground facilities upon request. Throughout the term of a Franchise, a Cable Operator shall locate its facilities for the City at no charge to the City. Sec. _. Existing Poles and Conduits. To the extent possible, a Cable Operator shall use existing poles and conduits within the Public Rights-of-`Gay in installing its Cable System. If such poles and conduits are unavailable,then a Cable Operator shall construct its own wireholding structures within the Public Rights-of-Way, and install its facilities in those structures,provided there is sufficient room for additional structures in the Public Rights-of- Way. Where the Public Rights-of-Way cannot be used, a Cable Operator shall,to the extent possible,use existing poles and conduits located outside the Public Rights-of-Way, after obtaining any necessary authorizations. In no case may additional poles or other structures be installed in the Public Rights-of-Way or on any public property without the prior permission of the City. Sec. . Use City. The City shall have the right to install and maintain,free of charge upon any poles or in any conduit or duct owned by a Cable Operator, any wire and pole fixtures that do not unreasonably interfere with Cable System operations of a Cable Operator. A Cable Operator shall notify the City when the Cable Operator enters into an agreement for the use of its poles,ducts and conduits. Copies of agreements for the use of a Cable Operator's conduits, ducts or poles in the Public Rights-of-Way or on other public property shall be available for review by the City upon request. 29 Sec. _. Notice of Work. Work by or on behalf of a Cagle Operator concerning installation, maintenance,replacement or removal of a Cable System, or any part thereof, shall be publicized by the Cable Operator, at its cost, in the manner and at the times the City Manager periodically may direct. Sec.�. Use of Public and Private Property. (1) Should the grades or lines of the Public Rights-of-Way, or any City-owned or private property that a Cable Operator is authorized to use and occupy be changed at any time during the term of a Franchise,the Cable Operator shall, if necessary, as determined by the City or the private property owner,relocate or change its System, at its own cost and expense, so as to conform with the new grades or lines. (2) Any alteration to any water and sewage mains or lines,to any drainage system or to any structures in the Public Rights-of-Way, on City-owned property, or on private property, which alteration is required on account of the presence of a Cable Operator's System in the Public Rights-of-Way or on such City-owned property or private property, shall be made at the sole cost and expense of the Cable Operator. During any work of constructing, operating or maintaining of a System, a Cable Operator shall, at its own expense, protect all existing structures belonging to the City and any other Person. The City may prescribe the manner in which a Cable Operator shall perform any work performed within the Public Rights-of-Way,on City-owned property, or on private property. (3)Unless otherwise specified in a Franchise, all System facilities shall be constructed, installed, and located in accordance with all applicable laws, ordinances, regulations and policies, and in accordance with the following terms and conditions: (A)Poles,underground conduits, ducts or other wireholding structures shall not he installed in the Public Rights-of-Way or on other City property without the written permission of the City, or on property of any third party without the written permission of the owner. (B) Whenever any existing telephone, electric utility, Cable System, or other similar facilities are located underground within the Public Rights-of-Way or on City-owned property, a Person installing another Cable System also shall place its facilities underground. (C) Whenever any existing telephone, electric utility, or communications facilities are located or relocated underground within the Public Rights-of-Way or on City- owned or private property, Cable Operators that then occupy the same Public Rights-of-Way, City-owned property or private property shall concurrently relocate their respective facilities underground, at their own expense. The cost of such relocation shall not be passed through to Subscribers. (4)All Public Rights-of-Way, public property, or private property that is disturbed or damaged during the construction,operation or repair of a Cable System shall be promptly 34 repaired, at its own cost and expense,by the Cable Operator that disturbed or damaged the Public Rights-of-Way, public property or private property. Sec. . Interference with Public Projects; Relocation of Facilities. (1)Nothing in this Chapter or any Franchise Agreement shall be in preference to, or in hindrance of,the right of the City,the City Council or any board, authority, commission or public service corporation to perform or carry on any construction,public works or public improvements of any description. Should a Cable Operator's System in any way interfere with the construction,maintenance or repair of any public works or public improvements,the Cable Operator shall, at its sole cost and expense, protect or relocate its System, or part thereof, as directed by the City,the City Council,the City Manager or any City official, board, authority, or commission. (2)If any Person that is authorized to place facilities in the Public Rights-of-Way, or on City-owned or private property requests,a Cable Operator to protect, support,temporarily disconnect,remove, or relocate its facilities to accommodate the construction,operation, or repair of the facilities of such other Person,the Cable Operator shall, after seven(7) calendar days' advance written notice,take action to effect the necessary changes requested. If the requested action is necessary to address an emergency that, in the opinion of the City, might affect the public health, safety or welfare,then the Cable Operator shall take immediate action upon receipt of notice of the request to complete the requested action. Unless the matter is governed by a valid contract, a local ordinance,regulation or policy, or a State or federal law or regulation, or in other cases where the System that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the party requesting the protection, support, temporary disconnection, removal,or relocation and performed at no charge to the City. (3)A Cable Operator shall, at the request of any Person holding a valid permit issued by a governmental authority,temporarily remove, raise or lower its wires to permit the temporary or permanent moving of buildings, structures, equipment of whatever nature, or other objects. The expense of such temporary removal or raising or lowering of wires shall be home solely by a Cable Operator,unless otherwise agreed upon by the Cable Operator and the requesting party. A Cable Operator shall be given not less than forty-eight(48) hours' advance notice to arrange for such temporary wire changes. Sec. . Other Permits. In addition to such permits as may be required by the City, a Cable Operator shall be required to obtain permits required by any other entity having jurisdiction. Chapter 5. Administration and Enforcement. Sec. Franchise Fees. 31 (1)All Cable Operators shall pay a franchise fee to the City in an amount equal to five percent(5%) of the Cable Operator's Grass Revenues. Every Franchise Agreement shall reserve the right to increase this fee to the maximum that may be charged consistent with federal and State law. The Cable Operator shall make franchise fee payments on the first day of each calendar quarter, or at such other times specified in the Franchise Agreement. Franchise fee payments shall be submitted together with documentation of the Cable Operator's Gross Revenues in such form as may be required by the City from time to time. (2)Payment of the Franchise fee shall not be considered in the nature of a tax or in lieu of other taxes or fees imposed by the City. (3)The Franchise fee is in addition to all other taxes, fees and payments that a Cable Operator may be required to pay under its Franchise Agreement or any federal, State, or local law,and to any other tax, fee, or assessment imposed by utilities and cable operators for use of their services, facilities, or equipment, including any applicable amusement tares and annual license taxes, except to the extent that such fees,taxes, or assessments shall be treated as a Franchise fee under Section 622 of the Cable Act, 47 U.S.C. § 542. (4)A Cable Operator shall not designate the Franchise fee as a tax in any communication to a Subscriber. Sec. _. Fees on Non- Cable Operator Revenues. In consideration of the use of public property, any Person other than a Cable Operator who provides Cable Service over a Cable System for which charges are assessed to subscribers but which are not received by a Cable Operator shall pay a fee to the City in an amount equal to five percent(5%) of that person's revenues. The Cable Operator whose Cable System is used by such person shall collect the foregoing fee from such person no later than the tenth(10th) day prior to the close of each calendar quarter and shall remit the fee to the City no later than the first(1 st) day of the following calendar quarter. If the Cable Operator fails to collect or remit all or part of this fee,the Cable Operator shall be directly liable to the City for payment of the uncollected or unremitted fee. Sec. _. Audit. Consistent with Section , the City shall have the right to inspect, audit and copy all of the books and records of a Cable Operator, and those of its affiliates relevant to an accurate determination of the total amount of the Cable Operator's Gross Revenues. A Cable Operator shall make such records available to the City within fourteen(14)days of the City's request. Such records shall be available for inspection by the City at the Cable Operator's office within the City during normal business hours. Such records shall be retained by the Cable Operator for a period of at least five (5) years. The City will bear the cost of any such audit;provided, however,that if such audit indicates a franchise fee underpayment of three percent(3%)or more of the amount due,the Cable Operator shall reimburse the City for all reasonable costs relating to the audit. Any additional amount due to the City as a result of the audit shall be paid within thirty(30) days following written notice to the Cable Operator,which notice shall include a copy of the audit report. If the Cable Operator believes the audit report is in error, it may send a written response to the City describing the error in lieu of making the payment. If the City disagrees 32 with the response, it shall notify the Cable Operator in writing, after which the Cable Operator shall pay the additional amount due within thirty(30)nays. The City may elect to perform such audit jointly with one or more other government agencies which regulate affiliated systems. Sec. _. Late Pa3ments. In the event that the Cable Operator does not make any payments required by this Code on or before the date due, a late payment penalty shall accrue at a rate of one and one-half percent(1-1/2 %)per month on the unpaid amount until paid.. Sec. _. No Accord or Satisfaction. No acceptance by or payment to the City of a franchise fee, or any portion thereof, shall be construed as a release or an accord and satisfaction of any claim the City may have for further or additional sums due or for the performance of any other obligation of a Cable Operator, or as an acknowledgment that the amount paid is the correct amount due. Sec. _ _. Records and Reports. (a) Access to Books and Records. (1)Upon request, each Cable Operator shall provide the City with access to all documents,including contracts,books, and records, related to the construction, operation, or repair of its System so that the City may audit, inspect and/or copy these documents, books, and records. A Cable Operator's obligation includes the obligation to produce all documents, books and records related to revenues derived from the operation of the System. A Cable Operator is responsible for obtaining or maintaining the necessary possession or control of all documents,books, and records related to the construction, operation or repair of its System, so that the Cable Operator can produce the documents upon request. All of the foregoing documents shall be made available at the closest office of the Cable Operator to the City upon City's request as soon as is reasonably possible but no more than seven(7)days after such request. To the extent that an affiliate of the Cable Operator aggregates information relating to the Cable System together with information about other Cable Systems,the Cable Operator shall have copies of such records available for inspection and auditing at the closest office to the City within seven days after receipt of a written request by the City. Documents, books, and records shall be maintained for a period of five (5)years, except that(i) any record that is a public record shall be maintained for the period required by State law; (ii) any contract shall be maintained until it expires; and(iii) a Franchise may specify a shorter period for certain categories of voluminous documents,books and records where the information contained therein can be derived simply from other materials. (2) For purposes of this Chapter,the terms "records," "documents" and "books" shall be read expansively to include information in whatever format stored. Records, documents, and books requested shall be produced to the City at the City Manager's office, unless the City directs otherwise,or by agreement. (3)If any documents,books and records are too voluminous,or for security reasons cannot be copied and moved, then a Cable Operator may request that the inspection 33 take place at some other location mutually agreed to by the City and a Cable Operator, provided that(i)the Cable Operator shall make necessary arrangements for copying documents, books and records selected by the City after its review; and(ii)the Cable Operator shall pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents, books and records been produced in the City) in inspecting those documents,books and records or having those documents, books and records inspected by its designee. (4) Without limiting the foregoing, a Cable Operator shall provide the City with the following within ten(10)days of receipt or(in the case of documents,books or records created by the Cable Operator or its Affiliate) sling: (A) notices of deficiency or forfeiture related to the operation of the System; and (B) copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by a Cable Operator, or by any partnership or corporation that owns or controls the Cable Operator directly or indirectly. (b)Retention of Records; Relation to Privacy RightsErrorf Bookmark not defined.. Each Cable Operator shall take all reasonable steps throughout the term of the Franchise to ensure that it is able to provide the City with all information which shall be provided or may be requested under this Chapter, a Franchise or applicable law,including by providing appropriate Subscriber privacy notices. Each Cable Operator shall be responsible for redacting any data that applicable law prevents it from providing to the City. Nothing in this Section shall be read to require Cable Operator to violate State or federal law protecting Subscriber privacy. (c) Communications with Regulatory Agencies. Within five (5) days after a Cable Operator, its Affiliates and/or subsidiaries have filed a report,petition, or communication with any city, State, or federal agency or regulatory commission pertaining to any aspect of operations hereunder or the financial arrangements therefor,the Cable Operator shall file a copy of such report,petition or communication with the City Manager. Any reports, petitions or communications a Cable Operator receives from any State, or federal agency or regulatory commission concerning the operation of the System shall be filed with the City Manager within thirty(30) days of the date they are received by the Franchise, except that if applicable law permits a response to such materials by the City and sets a deadline of sixty (60) or fewer days for the City's response, such materials shall be filed with the City within five (5)days of the date they are received by the Cable Operator. (d) Reports. (1)Upon the City's request, within forty-five (45) days of the end of each calendar quarter, a Cable Operator shall submit a report to the City containing the following information: 34 (A)the number of service calls (calls requiring a truck roll)received by type during the prior quarter, and the percentage of service calls compared to the Subscriber base by type of complaint; and (B)the number and type of outages known by the Cable Operator for the prior quarter, identifying separately the following: (i)each planned outage,the time it occurred, its duration, and the estimated area and number of Subscribers affected; (ii)each known unplanned outage,the time it occurred,its estimated duration and the estimated area and number of Subscribers affected, and if known, the cause; and (iii)the total estimated hours of known outages as a percentage of total hours of Cable System operation. An outage is a Service Interruption affecting two (2) or more Subscribers. (2)Upon the City's request,No later than ninety (90) days after the end of its fiscal year, a Cable Operator shall submit a written report to the City Manager containing such information as may be required from time to time by the City, and at least the following: (A) a summary of the previous year's activities in the development of the Cable System, including descriptions of services begun or discontinued, and the number of Subscribers gained or lost for each category of Cable Service; (B) a summary of complaints for which records are required under Section—, identifying both the number and nature of the complaints received and an explanation of their dispositions; (C)a statistical report showing that the Cable Operator has complied with the telephone answering requirements set forth in Section 9(b)(2)of this Chapter; (D) a fully audited revenue report from the previous calendar year for the Cable System prepared according to Generally Accepted Auditing Standards by an independent certified public accountant, and a reconciliation between previously projected estimates and actual audited figures; (E)information related to a capital program and a description of projected new services for the next two (2) years; (F) an ownership report, indicating all Persons who at the time of filing control or own an interest in the Cable Operator of five (5%)or more; 35 (G)a list of officers and members of the Board of Directors of the Cable Operator and any Affiliates directly involved in the operation or the maintenance of the Cable System; (H) an organizational chart showing all Persons with more than a five (5)percent ownership interest in the Cable Operator, and the nature of that ownership interest (whether limited partner, general partner, preferred shareholder, or other Person); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified, and so on, until the ultimate corporate and partnership interests are identified; (I) an annual report for each entity identified in Section which issues an annual report; and (J) a complete report on the Cable Operator's plant. This plant report shall state the physical miles of plant construction and plant in operation during the prior calendar year(categorized as aerial and underground, and as fiber optic, including the fiber count, and coaxial); identify any cases where Subscribers contributed to plant extension; and report the results of appropriate electronic measurements to show conformity with FCC technical standards. Each Cable Operator shall annually provide a Citywide map of cable facilities located in Public Rights-of- Nay or on City-owned property, or private property. The map shall be referenced to[insert coordinate system], or any subsequent system adopted by the City, and shall be in both digital and paper formats. The annual map shall have an interlinked data base table of addresses of Subscribers, which may be displayed upon the digital map. (3)Notwithstanding the above, once the information required by Sections has been filed once, it need only be refiled if it changes. (e) Records Required. A Cable Operator shall at all times maintain: (1) Records of all complaints received with information sufficient to allow a Cable Operator to prepare the reports required in this Section_. The term "complaints" as used herein and throughout this Chapter refers to written and oral complaints about any aspect of the Cable System or a Cable Operator's operations, including,without limitation, complaints requiring service calls, and complaints about employee courtesy, billing, prices, programming, outages and signal quality; (2)Records of outages known to a Cable Operator, with information sufficient to allow a Cable Operator to prepare the reports required in this Section_; (3)Records of service calls for repairs and maintenance indicating the date and time service was requested, the date of acknowledgment and date and time service was scheduled(if it was scheduled), and the date and time service was provided, and(if different) the date and time the problem was solved; 36 (4) Records of installation/reconnection and requests for service extension, indicating the date of request, the date of acknowledgment, and the date and time service was extended; and (5) System financial records prepared in accordance with generally accepted accounting principles. (f)Additional Records and Reports. The City may require Cable Operators to maintain records, and to prepare reports relevant to determining a Cable Operator's compliance with the terms and conditions of this Chapter and a Franchise. (g) Maps. (1) Each Cable Operator shall maintain accurate as-built maps and improvement plans which show the location, size, and a general description of all facilities installed in the Public Rights-of-Way, or on City-owned or private property, and any power supply sources (including voltages and connections). Maps shall be based upon post- construction inspection to verify location. Each Cable Operator shall provide a map to the City showing the location of its facilities, in such detail and scale as may be directed by the City Manager. New as built maps shall be promptly submitted to the City when a Cable System expands or is relocated. Copies of maps shall be provided on disk, in a format specified by the City Manager. (h) Waiver of Reporting Requirements. The City may, at its discretion, waive in writing the requirement of any particular report specified in this Section Sec. _. Location of Cable Operator's Properties. (1) Each Cable Operator shall at all times make and keep on file in the office of the Community Development Director current, full and complete plans and records to a scale and form approved by the Community Development Director, showing the exact location of all Cable System equipment installed or in use in streets, alleys and public places in the City. (2) Each Cable Operator shall file with the Community Development Director, on or before the last day of March of each year, a current map or set of maps drawn to a scale designated by the Community Development Director, showing all Cable System equipment installed in streets, alleys and public places of the City during the previous year. Sec. . Insurance. Each Cable Operator shall at all times during the existence of any franchise issued hereunder maintain in full force and effect at its own cost and expense to following policies of insurance: (1)A general comprehensive liability insurance policy with minimum liability limits of Two Million Dollars ($2,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage; 37 (2)An automobile liability policy with minimum liability limits of Two Million Dollars($2,000,000.00) combined single limit per accident for bodily injury and property damage; and (3) Workers' compensation insurance with minimum policy limits as required by State law. All of the foregoing policies (except workers' compensation insurance) shall all name the City, its officers, officials, agents, employees and volunteers as insureds, and shall be primary to any insurance maintained by the City. The precise terms of these policies, including but not limited to liability limits, deductibles, acceptable insurers and other terms, shall be specified in the franchise agreement. Sec. . Indemnification. (a) No Franchise or other authorization to use the Public Rights-of-Way, or any independent permission to use City-owned property granted to a Cable Operator shall be valid or effective until and unless the City obtains adequate indemnity from such Cable Operator. The indemnity shall, at a minimum: (1)release, indemnify, hold harmless and defend the City and its elected and appointed officials, officers, councils, commissions, commissioners, employees, agents, and volunteers from and against any and all liability, costs, expenses, claims, fees, and responsibility in or arising out of: the construction, operation or maintenance of the Cable System; copyright infringements or a failure by a Cable Operator, its Affiliates or any other Person to secure consents from the owners, authorized distributors, or Cable Operators of programs to be delivered by the System; the conduct or presence of the Cable Operator's business in the City; or liability or responsibility in any way arising out of a Cable Operator's enjoyment or exercise of the privileges granted by a Franchise, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Chapter or a Franchise. Each Cable Operator shall further agree not to sue or seek any money or damages from the City in connection with the above-mentioned matters; (2) indemnify and hold harmless the City, and it elected and appointed officials, officers, councils, commissions, commissioners, employees, agents, and volunteers from and against any and all claims, demands, suits, or causes of action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the Cable Operator, or its agents, independent contractors, or employees related to or in any way arising out of the construction, operation or repair of the System; (3)provide that the covenants and representations relating to the indemnification and hold harmless provisions shall survive the term of any Franchise and continue in full force and effect as to the party's responsibility to indemnify; and 38 (4)provide that,to the extent permitted by applicable rules of civil, criminal and appellate procedure, a Cable Operator shall not implead or join the City Council, the City, its elected and appointed officers, officials, councils, commissions, commissioners, employees, agents and volunteers in any cause of action against the Cable Operator arising out of the exercise of any rights the Cable Operator has under its Franchise. (b)Neither the provisions of this Section nor any damages recovered by the City shall be construed to limit the liability of a Cable Operator for damages to the City, its elected and appointed officers, officials, boards, commissions, employees, agents, and volunteers, and any other Person or Persons, under the Franchise. Sec. _. Performance Bond. Every Franchise Agreement shall require the Cable Operator to post a performance bond in an amount acceptable to the City to secure the performance of the Cable Operator's obligations to repair and restore the Public Rights of Way in accordance with this Code. Sec. _. Security Fund. (1) Every Cable Operator shall establish a Security Fund to secure the payment of fees owed, to secure any other performance promised in a Franchise Agreement or required by this Code, and to pay any taxes, fees or liens owed to the City. The City Council, or its designee, shall set the amount of the Security Fund in a Franchise Agreement. Any letter of credit provided to satisfy this requirement shall be in a form acceptable to the City Attorney and with an institution acceptable to the City Manager. Should the City draw upon the Security Fund, it shall promptly notify the Cable Operator, and the Cable Operator shall promptly restore the Security Fund to the full required amount. This Security Fund may be reduced by the City Council for a Cable Operator where the City Council determines, in its discretion, that a particular Cable Operator's operations are sufficiently limited that a Security Fund is not necessary to secure the required performance. The City Council may from time to time increase the amount of the required Security Fund to reflect increased risks to the City and to the public. (2) The following procedures shall apply to drawing on the Security Fund (A)If a Cable Operator fails to make timely payment to the City of any amount due under its Franchise Agreement, this Chapter, or other applicable law, or fails to compensate the City within ten(10) days of written notification that such compensation is due, for any damages, costs, or expenses the City suffers or incurs by reason of any act or omission of the Cable Operator in connection with this Agreement or its enforcement, or fails, after ten(10) days' written notice, to comply with any provision of its Franchise Agreement or this Chapter that the City Manager determines can be remedied by an expenditure of the security, the City may withdraw the amount thereof,with interest and any penalties, from the Security Fund. 39 _1111. ........ ........ _. _. ..... ....... ........ .......... ........._.. ........ ........ ........ .... 11..11 ...... . _... _. .. (B) Within three (3) days of a withdrawal from the Security Fund,the City shall mail to a Cable Operator,by certified mail,return receipt requested, written notification of the amount, date, and purpose of such withdrawal to the Cable Operator. (C) If at the time of a withdrawal from the Security Fund by the City,the amounts available are insufficient to provide the total payment towards which the withdrawal is directed, the balance of such payment shall continue as the obligation of the Cable Operator to the City until it is paid. (D)No later than thirty (30)days after mailing of notification to the Cable Operator by certified mail, return receipt requested,of a withdrawal under the Security Fund, the Cable Operator shall restore the Security Fund to the total amount specified herein. (E) Upon termination of the Franchise under conditions other than those stipulating forfeiture of the Security Fund, the balance then remaining in the Security Fund shall be returned to the Cable Operator within ninety (90)days of such termination, provided that there is then no outstanding default on the part of the Cable Operator. Sec. _. Failure Constitutes Material Violation. Failure to maintain or restore the Security Fund or a Performance Bond shall constitute a material violation of this Chapter and a Franchise Agreement. Sec. _. Possessory Interest. The granting of a franchise pursuant to this Title may create an interest subject to property taxation pursuant to California Revenue and Taxation Code section 107 et seq. Each Cable Operator shall be solely responsible for payment of any such taxes. Chapter 6. Enforcement of Federal Rate Regulations. Sec. _. Effectiveness. This Chapter shall be effective only if the City has been certified by the Federal Communications Commission("FCC")to enforce federal rate regulations. Sec. _. Rate Increases. Prior to increasing rates for basic service and/or associated equipment at any time, the Cable Operator shall file its proposed rates with the City Clerk together with the form for determination of rate increases as may be issued by the FCC or the City, and any other information required by the City Manager. If the proposed rates are greater than the benchmark rates permitted by FCC regulations, the Cable Operator shall submit a cost-of-service showing pursuant to FCC regulations. Within seven(7) days of filing its proposed rates, but no later than thirty(30) days prior to the effective date of the proposed rates, the Cable Operator shall notify its subscribers of its proposed rates and that written comments may be submitted to the City Clerk by mailing such notice to all subscribers, either separately or in conjunction with bills or other notices sent to subscribers. Sec.�. Auditor's Opinion. All forms and materials submitted by the Cable Operator pursuant to this chapter shall be submitted together with an unqualified opinion of a certified 40 public accountant("Auditor's Opinion"). The Auditor's Opinion shall contain, at a minimum, the following items: (a) A certification that the data submitted by the Cable Operator truly and accurately reflect the actual costs of regulated equipment and services and other costs reported therein as determined by the Auditor in accordance with generally accepted auditing standards, including without limitation, AU section 801 et seq. of the AICPA Professional Standards and any successor sections, and that the financial information contained therein is reported in compliance with FCC rules and regulations implementing the Cable Act of 1992, including without limitation, 47 CFR sections 76.924 and 76.925 and any successor sections; (b) A detailed explanation of the source data examined, tested and utilized by the Auditor in formulating the Auditor's Opinion; (c) A list of documents furnished by the Cable Operator to the Auditor and utilized by the Auditor in formulating the Auditor's Opinion; (d) A detailed explanation of the auditing methodology utilized by the Auditor in formulating the Auditor's Opinion; and (e) A detailed explanation of the assumptions utilized by the auditor in formulating the Auditor's Opinion. Upon the request of the City Manager, the Auditor shall provide to the City Manager a copy of the audit working papers utilized in formulating the Auditor's Opinion within five (5) days of such request. These working papers shall be kept confidential to the extent required by federal law and FCC regulations. This section shall not in any way affect the City's authority to review records of the Cable Operator pursuant to Section above, or any other law, ordinance or agreement. Sec. . Time for Action. (a) Quarterly Rate Adjustments. If the Cable Operator submits its proposed rates pursuant to the quarterly rate adjustment system authorized by the FCC, the provisions of this subsection shall apply. The proposed rates shall take effect thirty(30)days after submission of all required information to the City, unless the City disapproves the rate or the City Manager issues an order extending the 30-day period as follows. The City Manager may issue a written order extending this 30-day period for the purpose of requesting or considering additional information or comments for: (a)an additional ninety (90) days in cases not involving cost-of-service showings if the City Council and City Manager are unable to make a determination within the 30-day period; or(b) an additional one hundred fifty(150) days in cases involving cost-of-service showings. The proposed rates shall take effect following such extension unless the Cable Operator has not submitted all required information or unless the City disapproves the proposed rate. Prior to expiration of such 41 extended period, the City Manager may issue a brief written order directing the Cable Operator to keep an accurate account of all amounts received by reason of the proposed rate and on whose behalf such amounts were paid. At any time following expiration of such extended period, the City may disapprove the proposed rate and, if the foregoing accounting order was issued, may order the Cable Operator to refund all amounts previously collected as a result of the disapproved rate. To the extent provided by federal law, a Cable Operator utilizing the quarterly rate adjustment system may increase its rates for basic service to reflect increases in franchise fees or FCC regulatory fees without complying with this subsection. (b) Annual Rate Adjustments. If the Cable Operator submits its proposed rates pursuant to the annual rate adjustment system authorized by the FCC,the provisions of this subsection shall apply. The Cable Operator shall submit its proposed rates no later than 90 days prior to the proposed effective date of the rates. Within 45 days of submission,the City may notify the Cable Operator that its submission is facially incomplete, in which case the review period shall be tolled until such time as the City receives all required information. If prior to a determination by the City there is a material change in the Cable Operator's circumstances which affects the rate filing,the Cable Operator may file an amendment. The proposed rates shall take effect the later of ninety(90) days after submission of all required information to the City or thirty (30) days after receipt of any amendment, unless the City disapproves the rate. If the City takes no action during this period, during the subsequent 12- month period the City may nevertheless issue a written decision disapproving the proposed rates and order a refund and a prospective rate reduction. During this 12-month period, if the Cable Operator makes a written inquiry concerning whether the City intends to issue a rate order,the City shall notify the Cable Operator of its intent within 15 days of receipt of the inquiry. (c) Required Channel Additions to Basic Service Tier. If the Cable Operator is required by federal or local law to add channels to the Basic Services Tier and submits a proposed rate adjustment as a result, the proposed rates shall take effect sixty (60) days after receipt of a complete application unless the City rejects the proposed rate as unreasonable. (d) New Equipment. If the Cable Operator submits a proposed rate for a new type of equipment, the proposed rate shall take effect sixty(60) days after receipt of a complete application unless the City rejects the proposed rate as unreasonable. If the Cable Operator's most recent rate filing was based on the system that enables them to file up to once per quarter, the City may order refunds and prospective rate reductions following the expiration of the sixty(60) day period,provided that it issues and accounting order prior to the expiration of that period. If the Cable Operator's most recent rate filing was based on the annual rate system, the City may order refunds and prospective rate reductions following the expiration of the sixty(60) day period in accordance with FCC regulations. Sec. . Determination by City Manager. In cases not involving cost-of-service showings, the City Manager shall consider all written material submitted by the Cable Operator and the public and determine if the proposed rates are within the limits established by the FCC regulations. The Cable Operator shall have the burden of proof to establish that its proposed 42 rates are within the limits established by the FCC regulations. The City Manager may approve or disapprove the proposed rates, allow the proposed rates to take effect by operation of law by taking no action, or refer the matter to the City Council for hearing. The City Manager shall issue a written decision if he or she approves over opposition or disapproves the proposed rates in whole or in part. The City Manager is not required to issue a written decision if he or she approves a proposed rate which has not been opposed by any person or if he or she takes no action,in which event the proposed rate shall take effect upon expiration of the time period prescribed in the Section above. If the City Manager determines that the rates are unreasonable and do not comply with FCC regulations,the City Manager may prescribe reasonable rates as authorized by FCC regulations. If the City Manager determines that the Cable Operator's existing rates exceed the amounts permitted by FCC regulations, the City Manager may order the Cable Operator to refand the amounts overcharged to its subscribers to the extent permitted by the FCC regulations within ninety (90)days of the order. The City Manager shall notify the City Council of any determination made concerning proposed rates. The determination of the City Manager shall be final. Notwithstanding the foregoing, within ten(10) days after the determination by the City Manager or at the next regularly scheduled City Council meeting, whichever is later, any member of the City Council may call up the proposed rates for consideration by the City Council in accordance with the following Section. The proposed rates shall not take effect until the expiration of this period or, if called up by a Councilmember,pending determination by the City Council. Sec. Determination by City Council. In cases involving a cost-of-service showing and in cases which are called up by a Councilmember in accordance with the foregoing Section, a hearing on the proposed rates shall be scheduled before the City Council upon submission of all required materials. The Cable Operator shall have the burden of proof to establish that its proposed rates are within the limits established by the FCC regulations. The City Council shall issue a written decision if it approves over opposition or disapproves the proposed rates in whole or in part. The City Council is not required to issue a written decision if it approves a proposed rate which has not been opposed by any person or if it takes no action, in which event the proposed rate shall take effect upon expiration of the time period prescribed in Section above. If the City Council determines that the rates are unreasonable and do not comply with FCC regulations, the City Council may prescribe reasonable rates as authorized by FCC regulations. If the City Council determines that the Cable Operator's existing rates exceed the amounts permitted by FCC regulations, the City Council may order the Cable Operator to refund the amounts overcharged to its subscribers to the extent permitted by the FCC regulations within ninety(90)days of such order. Sec. �. Appeals. The Cable Operator or any interested person may appeal any decision of the City Council or the City Manager relating to compliance with Federal rate standards to the FCC in accordance with FCC regulations. Sec. . Violations. (a) Criminal Penalties. Any person who violates any provision of this Title shall be guilty of a misdemeanor or an infraction. 43 (b) Civil Penalties. Any person who violates any provision of this Title,or who violates any condition of any license or permit issued hereunder, or who breaches any franchise agreement or other agreement with the City shall be liable to the City for a civil penalty of Five Thousand Dollars ($5,000.00). For continuing violations or breaches, each day that a violation or breach continues shall be deemed a separate violation or breach subject to an additional civil penalty. (c) Revocation Reduction of Term or Forfeiture of Franchise. (1) Where, after notice and providing a Cable Operator with an opportunity to be heard (if such opportunity is timely requested by a Cable Operator), the City Council finds that a System is being maintained or operated in violation of this Chapter or in substantial violation of the terms of a Franchise,the City Council may make an appropriate reduction in the remaining term of a Franchise or revoke a Franchise. Before a Franchise is revoked or shortened,the City Manager shall establish and conduct a compliance proceeding. At the conclusion of the compliance proceeding, the City Manager shall transmit a recommended decision to the City Council. A Cable Operator may appeal the City Manager's recommendation to the City Council, but any such appeal shall be filed within thirty (30) days of the decision of the City Manager or it shall be deemed waived. If no appeal is filed, the City Council may immediately determine whether to revoke or shorten the term of a Franchise in accordance with the requirements of this provision. However, if an appeal is filed by a Cable Operator,the City Council shall not revoke or shorten the termm of the Franchise until the appeal has been decided. Notwithstanding the foregoing, a Franchise may not be revoked unless a Cable Operator(1) was given notice of the default; (2)thirty (30) days to cure the default; and (3)the Cable Operator failed to cure the default, or to propose a schedule for curing the default acceptable to the City where it is impossible to cure the default in thirty(30) days. The required notice may be given before the City Manager conducts the proceeding required by this paragraph. No opportunity to cure is required for repeated violations, and fraud may be deemed incurable. (2)Notwithstanding the foregoing,the City Council may declare a Franchise forfeited where the Cable Operator(i)fails to begin to exercise its rights under the Franchise within a period specified in the Franchise Agreement; (ii)without the prior consent of the City,transfers the Franchise; (iii) fails to pay the fees owed hereunder; or(iv)defrauds or attempts to defraud the City or its customers. (3) The City shall give a Cable Operator thirty(30) days notice of an intent to declare a Franchise forfeited, and shall provide the Cable Operator with an opportunity to show cause why the Franchise should not be forfeited. (4)Upon termination or forfeiture of a Franchise, whether by action of the City Council as provided above, or by passage of time, a Cable Operator shall be obligated to cease using its System for the purposes authorized by the Franchise. The City may either take possession of some or all of the Cable Operator's facilities in the Public Rights-of-Way or on City-owned property, or require the Cable Operator or its surety to remove some or all 44 of the Cable Operator`s facilities from the Public Rights-of-Way or City-owned property and to restore the Public Rights-of-Way and City-owned property to their proper condition. Notwithstanding anything in this Chapter to the contrary, should a Cable Operator fail, refuse, or neglect to remove such facility,the City may remove the facility at the expense of the Cable Operator. Regardless of the existence or amount of any security fund or performance bond, the obligation of a Cable Operator to remove shall survive the termination of the Franchise. This provision does not authorize the City to take possession of, or require a Cable Operator to remove, any facilities that are used to provide another service for which the Cable Operator holds a valid Franchise issued by the City Council. (d) Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative remedies and in addition to any other remedy the City may have at law or in equity. 9318\02\WAH0I 659.D0C 45 DRAFT-- CONFIDENTIAL COMMUNITY NEEDS ASSESSMENT ASCERTAINMENT AND RECOMMENDATIONS REGARDING COMMUNITY CABLE-RELATED NEEDS AND INTERESTS FOR THE CONTRA COSTA CITIES► AND COUNTY CABLE CONSORTIUM (May 14, 2004) Prepared by THE BUSKE CROUP 3001 J STREET, SUITE 201 SACRAMENTO, CA 35816 (916) 441-6277 DRAFT-- CONFIDENTIAL TABLE OF CONTENTS Fuge 1. INTRODUCTION AND OVERVIEW 1 11. COMMUNITY CABLE NEEDS AND INTERESTS 5 A. OVERVIEW AND METHODOLOGY 5 B. COMMUNITY CABLE NEEDS & INTERESTS QUESTIONNAIRE 10 RESPONSES C. SUMMARY OF DISCUSSIONS AND BRAINSTORMING DURING 38 COMMUNITY FOCUS CROUP SESSIONS AND PUBLIC MEETINGS D. TELEPHONE SURVEYS OF RESIDENTS 69 E. ANALYSIS OF INFORMATION GATHERED THROUGH THE REVIEW 73 OF STRATEGIC PLANS AND OTHER MATERIALS F. ANALYSIS OF TESTIMONY PROVIDED AT PUBLIC HEARINGS 86 G. PEG ACCESS FACILITIES, EQUIPMENT AND OPERATIONS 91 H. SUMMARY OF MAJOR FINDINGS 129 111. RECOMMENDATIONS REGARDING COMMUNITY CABLE-RELATED 145 NEEDS AND INTERESTS A. INTRODUCTION 145 B. CABLE PLANT AND HEADEND 145 C. SUBSCRIBER SERVICES AND CUSTOMER SATISFACTION 148 D. PEG ACCESS 150 APPENDICES 1. Needs Assessment Task Force Members 2. Community Cable Needs & Interests and PEG Access Questionnaire 3. Notes from the Brainstorming Activities during the 1999 Focus Group Workshops and 2004 Public Meetings 4. Transcripts of the 2000 Public Hearings 5. Local Programming Questionnaire and Video Facility Inventory Forms 6. AT&T Cable Services Channel 3 -- Programming & Operating Policy i DRAFT-- CONFIDENTIAL COMMUNITY NEEDS ASSESSMENT ASCERTAINMENT AND RECOMMENDATIONS REGARDING COMMUNITY CABLE-RELATED NEEDS AND INTERESTS FOR THE CONTRA COSTA CITIES AND COUNTY CABLE CONSORTIUM 1. INTRODUCTION AND OVERVIEW The Buske Group was retained by Contra Costa County and the Cities of Walnut Creek, Martinez, Concord, Pleasant Hill, Antioch, Clayton, Lafayette, Orinda, Moraga and Danville (hereinafter referred to as "the Consortium") to conduct a community needs assessment as a part of the cable franchise renewal process. The Buske Croup was authorized to conduct research to identify current and future community cable-related needs and interests. As a matter of federal law, a community's cable-related needs and interests are protected in part through the franchising process. During renewal proceedings, a community is permitted to establish basic requirements for cable system capacity, functionality, and customer service, and to require operators to provide facilities and equipment and channels for Public, Educational, and Government (PEG)Access. As stated in the legislative history to the Cable Act: The ability of a local government entity to require particular cable facilities (and to enforce requirements in the franchise to provide those facilities) is essential if cable systems are to be tailored to the needs of each community Wand the legislation,explicitly grants this power to the franchising authority. Each governmental entity of the Consortium, as the franchising authority for its area, is responsible for protecting the interests of cable subscribers and the general public through the franchising process by identifying cable-related needs and interests, and translating those interests into franchise requirements. 'l DRAFT-- CONFIDENTIAL Information was gathered from the following groups of Consortium area residents. • Cable subscribers • Non-subscribers • Local government agencies • Educational institutions •. Community, human, and social service organizations and agencies • Neighborhood associations • Arts and cultural organizations • Youth and youth organizations • Local businesses and business organizations • Other members of the public The Buske Group gathered information using a number of research methods, including telephone surveys, community leader focus group sessions, additional public input meetings, and analysis of community planning and other relevant documents. As a result, various reports have been prepared: (1) three reports that document the findings of the telephone surveys, and (2) this report which tabulates and analyzes the results of all the research and summarizes the current and future cable-related needs and interests of the above groups. The following tasks were undertaken in an effort to identify community cable-related needs and interests in the Consortium franchise areas: • A late 1999 telephone survey of cable subscribers and non-subscribers in the Consortium franchise areas that asked questions about various aspects of the AT&T (now Comcast) cable service, PEG Access programming, and the desirability of future services that could be provided by the cable company. • Two telephone surveys were conducted in December 2003 to update the 1999 survey. One of the 2003 surveys included Comcast cable subscribers and non-subscribers in Contra Costa County, while the other survey only included residents of Walnut Creek and Concord. 2 DRAFT-- CONFIDENTIAL • A series of ten community focus group workshops in November 1999 -- attended by representatives of community groups, organizations, institutions, government agencies and citizens of the Consortium franchise areas -- to help identify the community's current and future cable-related needs and ascertain their attitudes about the existing PEG Access operations and programming. • The distribution of questionnaires to the 1999 focus group participants that were designed to identify community cable-related needs and interests regarding PEG Access and attitudes regarding the future usage of a variety of new cable communication services. « A series of four additional public meetings in January 2904 -- for government departments and agencies, community organizations, educational institutions, and the general public -- designed to gather additional information regarding: (1) current community cable-related needs and interests, (2) the existing PEG Access operations and programming, (3) how PEG Access could be easier for them to use, and (4) how they might use PEG Access and other new cable communication services in the future. • A review of strategic plans, position papers, and other materials submitted by representatives of local government and educational institutions. • An examination of testimony provided at public hearings in 2000. • Distribution of a "Local Programming Questionnaire" and "Video Facility Inventory„ forms in 2000 to the managers of the AT&T (now Comcast) production facilities in Walnut Creek, Martinez, and El Cerrito, for them to complete and return. Representatives of the County's "Contra Costa Television" (CCTV) service, Contra Costa College, and the cities that have video production equipment in their Council chambers were also provided copies of these documents for them to complete and return. 3 DRAFT-- CONFIDENTIAL • Meetings with the cable company's community programming staff and inspection of their production facilities in 2000. • Meetings with staff of the Educational and Government Access operations in the Consortium franchise areas (including Concord City Hall, Walnut Creek City Hall, Contra Costa College, and CCN) and inspections of their production facilities, also in 2000. • Additional information gathering with the staff of the PEG Access operations in 2004 to update the review conducted in 2000 of their equipment, facilities and services. • Meetings with members of area organizations who are interested in cable and telecommunication matters. • Analysis of all data gathered and preparation of this updated report for the Consortium. 4 DRAFT w- CONFIDENTIAL II. COMMUNITY CABLE NEEDS ANIS INTERESTS A. OVERVIEW AND METHODOLOGY In order to develop a basic understanding of the Consortium's current and future cable-related needs and interests, public input was critical. This effort was assisted by Consortium member staff persons and a "Needs Assessment Task Force", established to help gather information from the community and identify persons and organizations to be invited to participate in the process. A list of the Consortium member staff persons and others who served on the Task Force is included in Appendix 1 to this report. The Buske Group used a number of methods to gather information and give local residents an opportunity to provide input. Those methods included: (1) a series of ten focus group workshops in 1999; (2) discussion and brainstorming by the 1999 workshop participants; (3) completion of questionnaires by the 1999 workshop participants; (4) discussion and brainstorming at four additional public meetings in 2004; (5) telephone surveys of Consortium franchise area residents in 1999 and 2003; (6) meetings with staff of the AT&T (now Comcast) local programming operations and staff of the Government and Educational Access operations in the Consortium franchise areas and inspections of their facilities in 2000, updated by conversations with them in 2004 to review the current status of their equipment, facilities and services; (7) review of strategic plans, position papers, and other materials submitted by representatives of government and educational institutions; (8) examination of testimony provided at public hearings in 2000; and (9) meetings with members of area organizations who are interested in cable and telecommunication matters. The Buske Group led a series of ten focus group workshops in November of 1999. The workshop constituencies were as follows: • Community, human, and social service organizations and agencies • Arts and cultural organizations • Government agencies • Neighborhood associations (three focus group workshops) 5 DRAFT-- CONFIDENTIAL • Businesses and business organizations • Educators (K-12) • Educators (post-secondary) • Youth and youth organizations The focus group workshops provided the following information. (1) an overview of the cable franchise renewal process; (2) an explanation of how the current cable system works; and (3) an exploration of how individuals, community groups, government agencies, businesses and schools can benefit from or use the cable communication system. Special emphasis was placed on providing an opportunity for discussion and brainstorming by the attendees. A packet of informative materials, including the questionnaire mentioned earlier, was also distributed to the focus group participants. A total of 173 different people attended the focus group workshops. The 102 organizational and institutional affiliations listed by the workshop attendees are provided below, continuing on the following pages. (if more than one person stated the same affiliated organization or institution, the number of such participants is indicated in parentheses. In some cases, participants did not indicate an organizational or institutional affiliation.) Acalanes Adult Education (3) Acalanes Adult TV Studio Antioch Library Arts & Cultural Commission of Contra Costa AT&T Bedford Gallery Advisory Council Betty Hudson and Associates, LTC}. Bold, Polisner, Maddow, Nelson & Judson Broadway Plaza California Shakespeare Festival (2) California Symphony California Watercolor Association 6 DRAFT— CONFIDENTIAL Organizational/Institutional Affiliations of Workshop Attendees (continued) Campolindo High School Campolindo High School Parent Club City of Antioch City of Concord City of Lafayette (3) City of Martinez City of Orinda (3) City of Pleasant Hill (5) City of Walnut Creek (4) City of Walnut Creek, Cultural Services Civic Arts Education Commission on Aging Computer Club of Rossmoor Concord Historical Society Contra Costa College (3) Contra Costa County Mayor's Conference Contra Costa County Office of Education Contra Costa County Sheriffs Office of Emergency Services Contra Costa Fire District Contra Costa Interfaith Transitional Housing Contra Costa Library Ygnacio Valley Contra Costa Mental Health Contra Costa Mosquito and Vector Control District Contra Costa Taxpayers Association CSA R-9 Committee Contra Costa County CSUHCCC Danville Chamber of Commerce (2) Danville Library De la Salle High School (3) Diablo Funding Croup 7 DRAFT-- CONFIDENTIAL Organizationallinstitutional Affiliations of Workshop Attendees (continued) Diablo Valley Foundation for the Aging Diablo Video Arts (8) Digital Systems Technology DRAA DRP Marketing EDSC Elder Abuse Prevention Friends of Rodgers Ranch Friends of the Lafayette Library Friends of Walnut Creek Library JFK university Kensington and San Pablo Branch Libraries of the CCC System Lafayette Cable Commission Lafayette Homeowners Association (2) Larry Logic Productions Lesher Foundation Lincoln Terrace Apartments (2) Lions Blind Center of Diablo Valley Martinez Adult School (2) MDUSD - Technology and Information Systems Miramonte High School Moraga Advisory Committee Moraga Orinda Fire District (2) Moraga Police Department Moraga Women Mortgage Market Mount Diablo Adult Education (5) Mount Diablo Center for the Arts North Richmond Municipal Advisory Council Orinda Arts Council (2) 8 DRAFT-- CONFIDENTIAL Organizational/Institutional Affiliations of Workshop Attendees (continued) Orinda Chamber of Commerce Orinda Parks and Recreation (2) Orinda Police Department Pacific Bell (2) Pacific Community Services Pacific Multimedia Pleasant Hill Commission on Aging Pleasant Hill Parks and Recreation Pleasant Hill Police Department Project Second Chance Richmond Arts Commission San Ramon Valley Education Foundation San Ramon Valley Fire District San Ramon Valley Unified School District Shelter, Inc. Town Hall, Independent Living Resources Town of Danville (4) Town of Moraga (4) Town of Rosmoor Walnut Creek and Ygnacio Valley Library Walnut Creek Arts Commission (2) Walnut Creek City Walnut Creek Civic Arts Board Council Walnut Creek Downtown Business Association Walnut Creek Library Walnut Creek Library Foundation Walnut Creek Police Department (2) Walnut Creek School District, Walnut Heights Elementary Walnut Creek Soccer Club 9 DRAFT-- CONFIDENTIAL B. COMMUNITY CABLE NEEDS & INTERESTS QUESTIONNAIRE RESPONSES A total of 135 "Community Cable Needs & Interests and PEG Access" questionnaires were returned from persons who attended one of the focus group workshops. A copy of the questionnaire is provided as Appendix 2 to this report. Eighty-nine (89%) of all focus group questionnaire respondents said that they subscribe to the AT&T cable TV service in Contra Costa County. The subscriber-respondents to the focus group questionnaire were asked if they had seen or would be interested in seeing locally produced cable TV programs about Contra Costa County residents, organizations, events, schools, and government. As displayed in the chart below, there was a very positive response to this question (all of the respondents answered "Yes" or "Maybe"). Yes 84°la No 0% Maybe 16% 10 DRAFT-- CONFIDENTIAL The subscriber-respondents were then asked if they had ever watched the Public Access channel or the "CCTV -- Centra Costa Television" channel on the AT&T cable TV service. Once again, a very large percentage (90%) responded affirmatively, as illustrated by the following chart. Yes 9ti°!° t.. 10% Subscriber-respondents who said they had previously watched the Public Access channel or the "CCN -- Contra Costa Television" channel on the AT&T cable TV service were then asked how many times had they watched either of these channels in the past month. Nearly all of them (97%) had watched at least once, 40% had watched more than five times, and nearly one-fourth (23%) had watched more than ten times in that month, as shown in the following chart. More than 10 times 23% 6-10 times17% 1 -6 times 57°la Never 3% DRAFT-- CONFIDENTIAL Subscriber-respondents who said they had watched the Public Access channel or the "CCTV -- Centra Costa Television" channel were asked to describe or provide the names of the programs that they had watched on the Public Access channel or the `°CCTV -- Contra Costa Television" channel. The programs that they mentioned or described are provided in alphabetical order below (if more than one person said the same program, the number of such respondents is indicated in parentheses): • AC5 Arts Awards (3) • Antioch City Council Meetings • Aquanauts (2) • Armed Forces Dews • Around the Town • Arts Education conference • Ask the Doctor (2) • Assembly & State Senator Presentations • Assembly Woman's report • Bad cat show • Bayviews • Breast cancer show • Business reports • Call-in show about Walnut Creek issues • Candidate debates (10) • CC Pock • Ceremony Today • Child development program • City Council Meetings (24) • City information programs • Computer software training • Concord City Council meetings (3) • Concord City History 12 DRAFT CONFIDENTIAL Names/Descriptions of Programs Seen on Public Access or CCTV Channels (continued) • Concord in Focus • Concord Planning Commission meeting • Concord Police programming • Contra Costa 2000 • Contra Costa College courses (4) • Contra Costa County Board of Supervisors meetings (36) • Cooking with Lisa (3) • Council discussion re: Heather Farms expansion • Crossroads Cafe (2) • Danville general plan • East County Focus • ECO-news • Educational (2) • Election results (7) • Emergency preparedness (2) • Entering English • Family Milestones • Friday Mite • GED Now (3) • Guitar band show • Hard Mock workout • Hercules City Council meeting • History moment • How to vote • John Muir • Just For You • Kick off Meeting • Lafayette City Council meeting (2) 13 DRAFT-- CONFIDENTIAL Names/Descriptions of Programs Seen on Public Access or CCTV Channels (continued) • Lafayette School Board meetings • League of Women Voters • Library services video • Life Links - CPR • Life Links - Emergency preparedness • Life Links - First Aid • Lindses Wildlife Museum • Local community events announcements • Local history show • Local performances • Local politics • Local productions (2) • Lynn Leach (Congressman) • Mental health perspective • Mt. Diablo Adult education distance learning • Museum interviews • Musicians Coffeehouse (2) • NASA N (5) • News • Nova • On Stage Tonite • Open house interviews • Opening New Doors (2) • Other meetings • Pleasant Hill City Council meetings (10) • Pros and cons ballot measures • Public bulletin (3) • Public service announcements (3) 14 DRAFT CONFIDENTIAL Names/Descriptions of Programs Seen on Public Access or CCTV Channels (continued) • Raising a Reader (2) • Safety video • School Board meetings (4) • Senior information journal • Short Cut Cool (2) • Special events in San Ramon • Sports - local • Student produced comedy show • 'Teach of the Year Award banquet • Town Crier • U.S. Department of Education • Video inserts • Walnut Creek Chamber of Commerce (2) • Walnut Creek City Council meetings (23) • Walnut Creek Festival parade (3) • Walnut Creek historical show (3) • Walnut Creek in Focus • Walnut Creek news show • Walnut Creek's Most Wanted • What's Happening • White House conference on philanthropy • Y2K readiness 15 DRAFT-- CONFIDENTIAL Subscriber-respondents were asked to indicate their level of interest in seeing certain types of local programs on their cable N service. They could check as many types as they wanted. The following series of charts presents their responses, in order of appeal. Information regarding public City and County government meetings emergencies Very Interested 43% Very Interested ® 59% Interested 34% Interested 49% Not Very Interested Gala Not Very Interested 8% Not Interested at Ali 1% Not interested at All talo Programs about issues facing Local public safety information City/County government Very Interested36% Very Interested 32°16 Interested 53% Interested 56% Not Very Interested` Kala Not Very Interested 9°l0 Not Interested at AlI 1°la Not Interested at All 3% Courses from area colleges and Programs about City/County arts, history universities and culture Very interested 60% 34% Very Interested Interested36% 51% Interested Not Very Interested 1361. Not Very Interested 1411° Not Interested at All 1°la Not interested at All 1% 16 DRAFT CONFIDENTIAL Levels of Interest in Certain Types of Local Programs (continued) Eventslactivities sponsored by the Special events and activities from area City/County colleges and universities Very Interested` 24% Very interested 21%6 Interested 59%6 Interested 59%6 Not Very Interested 15%6 Not Very Interested 18%6 Not Interested at All J111 Not Interested at Ali % Community festivals, neighborhood Programs about City/County government events services Very Interested` 26%6 Very Interested 28%6 Interested 511 Interested 48%1 Not Very Interested 22%6 Not Very Interested 22% Not Interested at All 1°l6 Not Interested at All 2"/" Local business news and information Consumer protection programs Very Interested 281!6 Very Interested23616 Interested 48% Interested MMM 53% Not Very Interested 16%6 Not Very InterestedP3% 20% Not Interested at All 7110 Not Interested at All Informational programs about services Local health and wellness programs and activities of local organizations/clubs Very Interested 25% Very Interested 25%6 Interested 50%6 Interested 49%6 Not Very Interested' 22616 Not Very Interested 23%6 Not Interested at AIi' 3%6 Not Interested at All 4%6 17 DRAFT-- CONFIDENTIAL Levels of Ingest in Certain Types of Local Programs (continued) Environmental programs Senior citizen activities and concerns Very InterestedP41%16 1$°lo Very Interested 15°l0 Interested 56% Interested 4901* Not Very Interested23°16 Not Very Interested 28% Not Interested at All Not Interested at All 8% Ethnic and cultural programs School Board meetings Very Interested 22°I* 19% Very interested Interested a2010 a1% Interested Not Very Interested ° 2510 32 Jo Not Very Interested ° Not Interested at Allr40%1., Not Interested at All 16% Kindergarten through 12th grade music Programs about K-12 schools and school and drama productions activities Very Interested 20% Very Interested 21% Interested 36% Interested 30% Not Very Interested 26% Not Very Interested 32% Not Interested at Ail 1801* Not Interested at All 17°l0 Foreign language programs Local sports and recreational activities (Little League baseball,hiking,etc.) Very Interested 16°l0 Very Interested 17010 Interested 32°10 Interested 80% Not Very Interested` 28% Not Very Interested 36% Not Interested at All 24% Not interested at All 17% DRAFT-- CONFID,ENTIAL. Levels of Interest in Certain Types of Local Programs (continued) Kindergarten through 12th grade programs about activities and concerns instructional courses of persons with disabilities Very interested k26% 10% Very interested 30% 35% Interested interested Not Very Interested7°l0 41% Not Very interested Not Interested at Ali Not Interested at All 14% Jr High school equivalency courses Religious programming(local churches) Very Interested 14°l Very Interested 8% Interested 2 % interested l3% Not Very interested 29% Not Very interested 43% Not Interested at All 32% Not Interested at All 11 38% The subscriber-respondents also wrote in the following other types of local programs that they would like to receive: • Adult education (4) • Art programs • Cable radio (2) • Candidate forums • CCTV from schools to the homes • Consumer action programs • Election results (2) • Emergency preparedness (2) • Enrichment programs for students to watch after school • Hosted dialog between citizens and elected officials • International video festival 19 DRAFT-- CONFIDENTIAL • Job training « Live entertainment « Live telecast of visual performing arts « Local community events of all types « Local issue programs put on by the local government • Local organizations offering community services • Motor sport events • Music programs (2) • Opinion, editorial-type programs • Parenting (2) • Physics, math education • Political debates (3) « Professional arts programming and information on professional arts events • Pros and cons of ballot measures • Public service announcements (spots and infomercials on activities of wide spectrum of non-profit arts and cultural organizations and community service groups) • Security issues « Senior social security programs • Technology • Theater (2) « Traffic conditions • Transportation alternatives « Travel « Volunteer opportunities « Voter education « Voting information (non biased) on candidates and ballot measures Youth programs 20 DRAFT.. CONFIDENTIAL All respondents were asked to indicate how important they thought it is to have cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools and government. The chart below shows that nearly all (96%) of the respondents said that this is "Very Important" or"Important". Very important 63% Important 33% Not very Important 49% Not Important at All 0% All respondents were then asked the following question: "Prior to this focus group workshop, were you aware that the community organizations that you are involved with can have programs about their services and activities appear on the Public Access channel on the AT&T cable TV service?" Over three-fourths of them indicated that they were aware of this opportunity, as illustrated by the fallowing chart. Yes 77 No 23% 21 DRAFT-- CONFIDENTIAL Next, all respondents were asked, "Were you aware that you and your friends and colleagues can learn haw to make programs to show on the Public Access channel using video production equipment managed AT&T?" As shown in the chart below, responses to this question were very closely divided, with a slight majority indicating that they were not aware of this service. Yes 49% No 51% All respondents were then asked, "Have you ever helped to produce a program to show on the Public Access channel, using video production equipment managed by AT&T?" About five times as many respondents said they had not done so, as compared to these who had, as illustrated below. Yes 17% No 83% 22 CRAFT-- CONFIDENTIAL The 23 respondents who answered "Yes" to the previous question were then asked to indicate the location of the facility where they used the AT&T video production equipment to help produce a program to show on the Public Access channel. Those who responded to this question indicated that they had used the AT&T equipment at the following locations: • Acalanes Adult Education Center (2) Concord • Martinez (5) • Walnut Creek (9) These respondents were then asked, "Now many programs have you produced (or helped to produce) for presentation on the AT&T public Access channel during the past two years?" Twelve had produced between one and five programs, and seven had produced more than 10 programs, as represented in the chart below. More than 10 30% 6 to 106% 1 to 5 52% Norte 13$1`. 23 DRAFT-- CONFIDENTIAL Next, the respondents who had helped to produce a Public Access program were asked, "How readily available were the AT&T video production facilities and equipment when you wanted to produce a program (or material for a program)?" Half of this group said it was "sometimes available" and the rest were almost equally split between "rarely available" and "always available", as shown below. Always 23% Available Sometimes 50% Available Barely 27% Available-01 Next, this group of respondents was asked, "How would you describe the typical operating condition of the AT&T video production facilities and equipment when you have used them?" As illustrated in the following chart, the most common response was "good", but over half said "fair" or "poor Excellent 10% Good 37% Fair F21 2% Poor Very Poor 0% 24 DRAFT-- CONFIDENTIAL The respondents who had helped to produce a Pudic Access program were then asked, "Ewes the quantity, technical quality, and user-friendliness" of the AT&T vides► production facilities and equipment currently meet your needs?" Over three-fourths of them said "no", as shown below. Yes 21% No 79% The respondents who answered "No" to the previous question were then asked to indicate what they needed from a list provided. They could check as many as applied, and provide other items. Their answers are illustrated below. 25 DRAFT-- CONFIDENTIAL Better studio production equipment 73% Editing systems with more advanced(including nonlinear) 73% capability 1= Better electronic graphics capability 60% More editing systems 60% Editing systems that are easier to use 60% Camcorders with more advanced capability 60% More camcorders available for check-out 40% Camcorders that are easier to use 33/0 Cather responses: • Accessible studio and equipment. « Commitment to air programs produced. + Easier to use CCTV and MDTV. • Programs to provide training for both community access producers and community studio crew members. • Responsive, reliable technical staff support. + Use of the whole studio for access programming, including changing the lighting and sets. The 23 respondents who had helped to produce a Public Access program were then asked to provide other comments about the AT&T video production equipment and facilities. Here are their comments: • Channel 6 personnel are more interested in producing local origination shows than in encouraging and providing a supportive environment for community production. • Nice people in Martinez. 26 DRAFT-- CONFIDENTIAL • TCl Concord overloaded with limited equipment for public use. • The Walnut Creek AT&T (TCl) facilities were adequate, but dedicated to Walnut Creek. Concord requirements were marginalized and not reliably supported. However, once produced, the program (Concord in Focus) received outstanding exposure/air time, i.e., time of day and number of repeats. • Facilities must be accessible to persons with disabilities. • Good cooperation by AT&T Martinez Cable production studio personnel. Next, these respondents were asked, "Have you ever taken a video production training coarse that was provided by AT&T?" Only five respondents said that had taken one of these training courses. Three of them rated the overall quality of AT&T's training services as "good" and the other two said it was "fair". 27 DRAFT-- CONFIDENTIAL The respondents who had helped to produce a Public Access program were asked to rate the quality of the various servicer provided by the AT&T staff. Overall, a high proportion of their ratings were "poor' or "very poor'; most services had a significantly higher percentage of combined "poor/very poor" ratings than "good/excellent" ratings. The areas of community outreach and producer assistance matters received the lowest ratings. Even the highest rated service -- playback of programming P_ received "excellent" or "good" ratings from less than half of these respondents. The charts below and on the next page display the ratings for AT&T Public Access services, arranged in order from the highest-rated items to the lowest. Playback of programming on the Assistance to reserve the Public Access channel production equipment needed to produce your program(s) Excellent ° Excellent Goad 37% Good 16°la Fair 721% Fair 37°la Poor Poor 26% Very Poor 6% Very Poor 11% Maintenance of the production Assistance to help you promote equipment to keep it in good your program(s)when ready to working condition show on cable TV Excellent 5% Excellent11% Good 21% Good 11% Fair 47% Fair 32% Poor= 26% Poor 26% Very Poor 0% Very Poor 21%a 28 DRAFT-- CONFIDENTIAL Assistance In planning the Introduction to the Public Access creation of your program(s) facilities and services Excellent 5°/n Excellent 6°!° Good 11% Goad °!a Fair 47% Fair 42% Poor -P 32% Poor 32% Very Poor 5°!° Very Poor 11% Advice to help you improve your Assistance to help find program(s) production crew members needed to produce your program(s) Excellent Excellent 11% Goadlitt Good °laFair 32% l=airPoor 32% Poor 39% Very Poor Very Poor 61% Efforts to inform area residents about the Public Access facilities, services,and programming Excellent 6% Good 0% Fair 63°la Poor 26% Very Poor 16°>n 29 DRAFT-- CONFIDENTIAL Finally, the 23 respondents who had helped to produce a Public Access program were asked to indicate which items from a list provided would encourage them to produce more programs. They could check as many as applied, and provide other items. Their answers are illustrated below. 69% More training classes MW 69% Staff persons to help me promote my programs 66% Staff persons to help me plan my programs MMW 66% Assistance to find production crew members when needed 66% Advice to help me improve my programs 61% Editing systems available for me to use more often 61% Studio available for me to use more often 61% State-of-the-art production equipment Ability to present programming live from various county 61% locations Multiple-camera production system for my crew members to 57% use in the community 57% More hours of operation at the video production facility 43% Camcorders available for me to check out more often 39% More reliable equipment 26°l0 Other "Other" responses: • Accessibility- local studios. • All of the above - clearly understood and publicly announced. • More channels for public access. • More personal time for development. • Need for an accountable/responsive AT&T cable management when necessary to remedy scheduling and production. Concord needs a full scale dedicated PEG capability. • Use the Santa Rosa model. 30 DRAFT-= CONFIDENTIAL All of the focus group questionnaire respondents were asked a series of questions about new services that could be offered in the future by the cable company. In order to ascertain their current usage of advanced communications technology, they were asked if they have a computer system in their home. As shown in the chart below, nearly all of the respondents said "Yes." i Yes 82% No 8% Respondents who said they had a home computer system were then asked if their home computer is used to access the Internet. Once again, as illustrated below, a huge majority said "Yes.,' Yes 93% No 7% 31 DRAFT-- CONFIDENTIAL The respondents who answered "Yes" to the previous question were asked to indicate how many hours their home computer was used to access the Internet during an average week. Over two-thirds of them said their computer was online weekly for 15 hours or less. Under 6 hours 20% 6-16 hours 48% 16-26 hours 16% low- Over 26 hours 16% Respondents with online capability from home were also asked if a personal or business "Web site" had been created with their home computer. As shown in the chart below, about four out of every 10 respondents with online capability from home said "Yes." Yes 39% No 61% 32 DRAFT-- CONFIDENTIAL All respondents were asked to indicate how important it was for them to receive certain special services via the cable system. As shown by their answers displayed on the charts below, "high speed Internet connection" and "video teleconferencing (including two-way video)" were clearly the most favored, with 93! and 80 of the respondents, respectively, saying that it was either "Very Important" or "Important" for them to receive these services. High speed Internet connection Video Teleconferencing (Incl.2-way video) Very Important 68% Very Important 40% Important25% Important 40% Not Very Important 5% Not Very Important 18% Not Important At AlI 21%. Not Important At All 29'0 Telephone Service Movies on Demand Very ImportantP61% % Very Important 0 22 Important36% Important 34% Not Very Important9°la Not Very Important 36% Not Important At All Not Important At All 8% Interactive Shopping interactive Video Games Very Important13° Very Important ' Important' 30% Important j3% Not Very Important 34% Not Very Important 34% Not Important At All 24% Not Important At All 44% 3 DRAFT-- CONFIDENTIAL Those respondents who indicated that it would be "Very Important" or "Important„ to receive any of the above special services were asked if they would be willing to pay an additional fee to obtain them. A very large majority said either "Yes" (41 941D) or "Maybe„ (476), as illustrated in the following chart. Yes 41% No 12% Maybe 470 All of the respondents were then asked if the cable company should offer more channels. Once again, a very large majority said either "Yes" (6016) or "Maybe" (27%), as illustrated below. Yes No 60% 0"% Maybe 27% 34 DRAFT-- CONFIDENTIAL. When all of the respondents were asked to indicate the types of programming that they believe should be more readily available on the cable company's channel line- up, (from a list provided to them) they made the following recommendations: ArtsfCultural 71% Documentaries 66%a Local news,activities,events, 67% etc, Educational 66% News&information 51� Music 50% Classic Movies 47% Recent Movies 40% Comedy 26% Sports 26% Children's 22% Other 11°la Religious 10% * The "other" desired types of programming included: • Adult education • Cable radio (2) �► Classical music • Community services • Discover Channel • Environmental « High quality comedy and mystery shows • History channel (2) • Home and Garden TV �► Local events (cultural, political, government and social services) 35 DRAFT-- CONFIDENT/AL • Science/Math as entertainment The Learning channel • Travel • VH1 at night Respondents who had indicated an interest in any of the types of programming specified on the previous question were asked if they would be willing to pay extra to receive additional channels devoted to those types of programming. A large majority said either"Yes"(269,66) or"Maybe"(55%), as illustrated in the following chart. No Yes 79°l0 26% Maybe 66% Finally, all of the respondents were provided a list of services that could be received through their N or home computer that may be provided by the cable system. The series of charts on the following page shows the level of importance that respondents associated with these services. Each of the described services were indicated as being "Very Important"or"Important"to more than three-fourths of the respondents. 36 DRAFT-- CONFIDENTIAL Access to Library resources (card Access to government information catalog,magazine articles, (City&County government meeting encyclopedias,etc.) agendas,a listing of City/County services and horny to obtain them, government reports, etc.) Very Important 63% Very Important 62% Important 33�a Important 33% Not Very Important 3% Not Very Important 5% Not Important At All 1% Not Important At All % Access to public safety information Ability to participate in interactive (e.g.,from police and fire distance learning classes from home departments) Very 46% Very Important 6 '�O Important Important 35"lo Important 41°!° Not Very Important 6% Not Very 13% Important Not Important At All 0�fO Not Important 2% At All Ability to vote, renew your driver's license or obtain government information to send and receive a-mall and Info permits from home rmation to and from teachers,school administrators,and School Board members Very 66% Very 60% important Important Important 34°lo Important 21% Not Very 14°/n Not Very 16% Important Important Not Important - 3% Not Important 9% At All At All 37 DRAFT-- CONFIDENTIAL C. SUMMARY OF DISCUSSIONS AND BRAINSTORMING DURING COMMUNITY FOCUS GROUP SESSIONS AND PUBLIC MEETINGS. As mentioned earlier in this report, a portion of each focus gaup workshop session that took place in November 1999 was set aside to allow participants to engage in brainstorming sessions. During this time, participants were presented a series of questions for discussion and brainstorming. Those questions included: • What are the key issues facing Contra Costa County? • What are the key issues facing neighborhoods, public agencies, community organizations, and schools in the next five years? • What are the key challenges faced by your organization or agency when communicating with your constituencies? • How could your organization or agency use cable to communicate? • What would make it easier for your organization or agency to use cable to communicate? The information presented below is an analysis and synthesis of the information gathered through the brainstorming process. It is the result of a detailed review of the responses to the brainstorming questions discussed during each community focus group meeting. Consequently, the consultant was able to identify common community needs, interests, and concerns. The areas of agreement and groupings of responses to each question are presented in the analysis that follows. A copy of the notes from each brainstorming session is included as Appendix 3 to this report. It is important to note that the consultant and the Consortium members did not generate the recommendations and thoughts that evolved from these brainstorming sessions. These thoughts and suggestions were developed by community members from diverse areas of interest throughout Contra Costa County. 38 CRAFT-- CONFIDENTIAL Input Gathered During Focus Group INorksho re ainstorming Sessions Question 1: What are the Key Issues Facing Centra Costa County? Primary_issues identified • Quality of Life (affordable housing, desire for community, long work hours, health care, childcare, pace of life) • Communication (community building and participation, reaching all elements of the community) • Growth (population, economic development) • Education (growing school age population, adult education, technology training) • Government • Transportation (traffic problems, congestion, poor streets) • poverty (economic disparity, welfare law changes) • Diversity (population is increasingly multi-lingual/cultural, aging, etc.) • Environment (land use, development, urban sprawl) • Technology (keeping up with changes, universal access, etc.) The participants in the community focus groups identified the areas listed above as the most serious issues facing Contra Costa County. Concerns relating to quality of life, communication, and growth were mentioned most often. Participants stressed the need to use communications technologies as tools to address the closely related key issues of quality of life, growth and the need for communication. Major concern was raised that these technologies should be used to address the problems arising from the rapid economic, cultural and political changes taking place throughout the County; and that all people in Contra Costa County have access to communications technologies in order to foster a common vision and direction. 39 DRAFT•- CONFIDENTIAL Question 2: What are the Key Issues Facing Neighborhoods, public Agencies, Community Organizations, and Schools in the Next Five Years? The focus group participants identified many issues that need to be addressed in the next five years by public sector agencies, community and civic groups, and schools. As we analyzed the input, we were aide to identify key issues of primary concern, organize those issues into categories, and categorize the participants' comments as provided below. Key Issue#1: Prnviding/Recei dnp Cornt»unky Services • Access to transportation and infrastructure • Adequate cultural facilities • Aging of the community • Connecting services to clients • Coordinated regional transport • Cure the healthcare system • Differential/quality of services • Emergency services/preparedness • Encourage volunteers • Environment • Extending cable to rural areas of county • Health care & agency population • Improve public transportation • Increasing aging population • Involvement of youth & young adults in community • Lack of public facilities for media center • Low cost housing-pricing low income people out of neighborhood • Meeting needs of seniors • More user friendly public transportation • Multicultural issues • Open space preservation • pavement management • Public transit • Regional planning • State & Federal information about local activities • Support for young people (after school activities, etc.) • Traffic • Transport and communication system 40 DRAFT-- CONFIDENTIAL Key Issue#2: Education • Additional school space • Community education about public issues • Enhance community ability to use info technology-better education, i.e. • Health education • I-lover schools use cable communication • Improved education • Increasing media literacy • Increasing visual literacy • Job education • Job preparedness-training • Job training, literacy and thinking skills • Meeting state curriculum standards • Networking school debates & activities between schools • Overcrowding of schools • Poorly educated K-12 graduates entering college • Reaching internet training access to opportunities • shortage of employees matching skills with available jobs • Teacher shortage, continued professional development for school staff/faculty • Teacher training (upgrading) in technology and emerging areas • Training and informing public about education issues Keir Issue ##3: New Technoloaies • Addressing technology have-nots • Affordable high speed internet access • Avoiding technology have-nots • Cutting edge capability for reaching community • Developing guilds that index the relative level of communication "smartness' or sophistication • Exponentially increasing traffic in communication systems • Faster access to govt/public services • Internet for home& small businesses • Keeping up with current technology • Maintaining &adequate cable TV subs to support system • Moving to under-grounding • Penalties for cable provider non-performance • Regionalizing PEC access or CC PEG • Robust telecommunication infrastructure for small & home businesses • Staying abreast of technological change • Staying current with technology innovation • Technology text & technical education • Y2K compliance aftermath 41 DRAFT-- CONFIDENTIAL Key Issue#4: Communications and Public Awareness • Address apathy thru providing information • Adequate community outreach • Build and diversify audiences • Emergency information to public changing events • Feedback from public officials • Greater partnership and collaboration • Integration of communication w/ libraries • Lack of incentive for collaboration • Language diversity • Low voter turnout • More interactive programs & public discussion • Multi-lingual problems • Opportunities for community art groups to set their work out • Recruiting outside employees that create traffic and other infrastructure problems • Regional communication planning Key Issue #5: Economic DeveWment • Balance between sustainable growth and quality of life • Competition between various sectors for finite amount of funding • Developing plans • Impact of e-commerce on tax base • Interagency cooperation • Planning and services that deal with specific needs of groups and populations in need • Planning for development • Public and private partnerships • Regional planning and cooperation • Regional planning traffic/transportation remedies Affordable housing for workers • Share tax resources between Communities • Sustainable communities • Welfare to work refinement 42 DRAFT-- CONFIDENTIAL Key Issue #6: Funding/Fr"Hernial Support • Adequate funding for Comm. Media Center • Alternative funding for public schools • Arts fundraising • Cost benefit analysis for expanded services such as PEG • Cost effective cooperation and sharing resources • Encouraging competition in • Too much political funding turf in delivery of public communication services • Find affordable training solutions • Funding for change • Funding for training, retraining & upgrading equipment • geed for increased library funds/services • Tax financing Question 3: What are the Key Challenges Faced by Your Organization or Agency when Communicating with Your Constituencies? An analysis of the input received through the focus group discussions resulted in the identification of six key areas of communication challenges for public agencies, community and civic groups, and schools. Those areas are: (1) inadequacy of available communications media; (2) communicating with diverse groups; (3) the need for new education and skill sets; (4) lack of cooperation and collaborations; (5) cost barriers; and (5) more and better managed information needed. The specific items mentioned by the focus group participants within these areas are listed below and on the following pages (the items shown in bold print were mentioned multiple times and ways). Key Challenge #I.- Inadequacy of Available Communications Media • Lack of funding to allow production of communication programs • Balkanization of access programming through the county franchise and program editorial policies • Cutting through hype to the strategic uses of the new media /technology • Hard to get PSAs in print • Having access to electronic media to distribute information • Inadequate volunteer base 43 DRAFT-- CONFIDENTIAL Key Challenge #9: Inadequacy of Available Communications Media (continued) • Increasingly smaller communication formats and messages that limit the understanding of complex issues • Insufficient cable drops in schools • Lack of access to other systems -Alameda county • Lack of bandwidth • Lack of cable connections to classrooms • Lack of county wide education connections • Lack of equipment and internet access • Lack of I-Net • Lack of quality connection between schools and their access to cable system and resources • Lack of time slots on county channel • Lack of two way video communication • Limited number of PEG channels/band width • No access to an efficient non-print means of communication • Rigid timing and program formats and schedules • ,low communication speeds • The way video programs are packaged for transmission • Tools and technology for hearing and vision impaired (ease of use in cable system) Key Challenge#2: Communicating with Diverse Groups • Addressing the needs of those who don't have access to technology • Linguistic diversity • Need to address communication in diverse ways • Technology have and have hots • Communication competencies vary widely among different groups • Economic disparity • Huge diversity of needs in schools • Inconsistent communication infrastructure and services, by geography and political jurisdiction • Lack of time for feedback • Lack of time to communicate • Language and culture • Language diversity • Multiple jurisdictions not linked • Presentation and time to fully comprehend communication and to create priorities of urgency • Professional and technical language • Transportation —getting to site 44 DRAFT-- CONFIDENTIAL Key ChaygMe #3: Need for New Education, Skill Sets • Attracting and retaining high tech workers • Communication impairment • Feelings of powerlessness and disillusionment • Lack of skilled human resources • Lack of skills in using technology • Lack of understanding how government car► and do work • Lack of understanding of potential benefits I-Net • Need for training for communication skills • Staffing issues (insufl•<cient outreach staff) • Technology have and have hots • Technophobia Key Challenge #4: Lacy of Cooperation and Collaboration • Distrust and indifference to government • Division of responsibility between too many government and other entities • Lack of citizen interest in local government • Lack of inter-agency coordination • Lack of interconnection • Public agency `turfiness' • Public not knowing services are available • Regulatory inflexibility in public agencies that hinder using new cable technology Key Challenge #5• Cost Barriers • Cast of media production, financial &technical lack of funds • Find the funding to solve all these problems • Access to funds to communicate • Cost of communication technology for the communication impaired • Cost of producing programs • Costs to lower income families • Inadequate funding base • Lack of funding • Special lower rates, programming for fixed and low income persons • Time and money 45 DRAFT-- CONFIDENTIAL. Key Challenge#6: More Better Manawd Information Needed • Determining the right method to read your audience • Information overload • Lack of communication between high schools • Lack of understandable information about technology • Misinformation • Moving existing systems to new technology • geed for school systems to support installation of internal wiring • Quality control • System in communication technology Question 4: Flow Could Your Organization or Agency Use Cable To Communicate? The diverse participants in the community focus groups identified dozens of information and program topics and types. They include the following items (the topics and programs shown in bold print were mentioned multiple times and ways): • Community calendars (locally & regionally) • Programming on demand • Nigh speed Internet access • Telecommuting • Teleconferencing = 2 way video • Two-way communication • Video on demand • Video conferencing • "Barker" channel available to promote community events & activities • 24 hr. govt. services • A transportation channel that lets the public monitor streets and highways • Access for performing arts organizations • Access to government processes • Access public agencies and public after hours • Access radio station/cable/Internet • Access the library on line • Access to libraries & their catalogs • Access to school curriculum not available locally • Accessing Internet and other Interactive communication from public buildings 46 DRAFT-- CONFIDENTIAL Suggested Ways to Use Cable to Communicate (continued) • Adult education • Affordable hosting of web site • All local government meetings cable cast live w/ at least 1 replay • Announcements on programming change listing, on-line, TV guide • Arts education "network" 24 hours • Board & commission meetings, city and county • Build community"sense of • Cable "e-mail" addressing integrated with voice mail • Cable access in public buildings • Cable radio • Chamber& local business doing business electronically • Closed caption for non-English speakers • College distance education • Communication about local issues, culture & activities • Community meeting times, dates purposes • Community video-on-demand • Comprehensive voter education • Continuing education • Coverage of special events & activities • Cross Channel promotion of arts activities and events • Current traffic information • Develop better appreciation of history of the area, places and buildings • Distance learning • Distributed information to sight impaired individuals effectively • Diversity of PEG programming • Doing the business of govt. electronically (i.e. building permits) • Driving directions • Emergency alert system • Emergency preparedness training • Expanded reliable broadband communication • Financial planning programming • Foreign Language programming • Getting word out for service agencies • HDTV bandwidth to all homes • Health information • Host web-sites for school • Host web-sites for subscribers • Independent video and animation • 1-net for educational uses • Informing public of education issues • Integrated regional info for services & events • Interaction to acquire permits and licenses, etc. 47 DRAFT-- CONFIDENTIAL Suggested Nays to Use Cable to Communicate (continued) • Interaction with government meetings ort-line • Interactive distance learning • Interactive- 2-way info for homebound students • Interactive city council • interactive education channels • Interactivity • Interconnection between public safety organizations (inter & intra city) • International connection • Internet, Internet chat • K-12 education --schools, ability for students to access school-library • Layer and encryption • Learn about pending legislation • Less shopping channels • Live call-in programming • Live origination of local programs • Live programming drops from different sites in community • Local election process • Local theater productions, arts, culture in general • Media consumer educator • Medical info. • More local production and news • Multi-lingual access to programs (incl. 2" audio channel) • Multi-media communication between local govt. & citizens • Museum collections on-line • Networking of school system • tin-demand library resources on-line • On-line classes • Online library • On-line support for traditional classes • Opinion polling and voting technology and services • Parent education event • Political campaigning • Programming for civic groups, soccer clubs, foundation on aging; social services • Programming on traffic issues • Programming reaching isolated populations, i.e. seniors • Promote public & local art • Promote special events & activities • Providing programming in foreign languages • Public access programming which is really active • Quality programming • Reach aging community with info. 48 DRAFT-- CONFIDENTIAL Suggested Ways to Use Cable to Communicate (continued) • Receive up to date election results • Red Crass information • Regional PEG Access in addition to kcal PEG Access • School communication that reaches the home in real time—video & audio • School/arts programming • Searchable community calendars • Secure interactive for permitting, licensing, registration with services • Seeing local officials in action • Servers in the home, "web-site" • Showcase local talents • Support for home occupations • Support for school web sites • Targeting emergency and safety info by neighborhood • Teach visual literacy wt technology • Telecourses • Telephony • Town meetings • Training --life long learning thru accessing information • Two-way activities • Two-way communication between schools and home • Two-way communication from how to educator • Two-way interaction with govt. meetings at home and at office • United Way • Use to teach technology and media communication • Video info. About school board & city council issues • Video newsletter • Video on demand • Video on demand-streaming video on demand • Video Public Service Announcements for local groups and agencies • Video tape chamber lunches • Video-on-demand for PEG access • Virtual schools for credit • Watch city council • Ways for citizens to interact with local elected officials • Youth and any peer group news and networking • Youth produced and directed news 49 DRAFT-- CONFIDENTIAL Question 5: What Would Make It Easier For Your Organization or Agency To Use Cable or PEG Access to Communicate? Seven categories of need were identified through the input provided by the focus group participants. Those categories, in order by the number of comments within each one, are: (1) bandwidth/system design; (2) PEC Access management, policies and procedures; (3) equipment and facilities; (4) staff facilitation and promotion; (5) effective community and customer relations; (5) funding; (7) special needs; and (8) training. Many of the suggestions are listed on the following pages, arranged by category (the suggestions shown in bold print were mentioned multiple times and ways). Bandwidth/System Design • `A-La-Carte' programming • Programming on demand • Spectrum space provisions tied to growth: • Ability for business and industry to tie into government for public safety and telemedicine purposes • Ability to do live programming • Access center that extends over and beyond the city regionally • Access to tiers that feature education-rich programming • Adequate upstream capacity to handle affordable hosting web site • Bandwidth for PEC that grows with the community • Better picture quality • Better picture quality on access channels • Consistent wiring of multi-residential housing • County-wide interconnection of access channels • Easy to use set up boxes • Technology re-opener in franchise • Having resources of`video on demand' available to non-profit orgy. • High Speed system • Increased channels • I-Net • Integrated cable modem in set top boxes • Interconnection of jurisdictions • Interconnection with business information networks • Interconnections of school districts • Maintain State-of-the- art • Make it easier to use PEC through country • More PEC access spectrum available 50 DRAFT- CONFIDENTIAL BandwidthlSystem Deg&n (continued) • Multiple PEG access channels • Offer internet • On-line TV guide • Pay per use/view • PEG Access located on basic tier • PEG Accessible to all of the population • PEG available on lower tier • PEG electronic programming menu which is user friendly • PEG interconnected • Privacy concerns • Separate PEG channels and facilities • Simple installation of cable modems • Two-way addressable for traffic • User friendly home controls an set top boxes Access ManagementlPolicies and:Procedures • Access to state wide PEG • A-la-carte' access programming • Consistent services in the service area • Cooperation of the governments in the provision of PEG • Copyright/synchronization rights issues cover by cable operation • Ease of use for user • Formal collaboration between Government on services regionally • Franchise that is open to new competition and technology • Greater flexibility regarding program length and formats • Identified entity to enable PEG • Increased efforts to support access and develop programming proactively • Information about PEG Access viewership • Information on what cable services are available • Instant viewer figures • Lessening of PEG restrictions on access program time • Open access for ISP • Production support • Program guide for PEG programming • Program policies that allows access without using the equipment • Promotion of access services • Promotion of PEG Access programs • Proper penalties for non-performance • Rational community program policies • Realistic and measurable service standards 51 DRAFT-- CONFIDENTIAL Access Management/Policies and Procedures (continued) • Regional multi-county local program exchange • Simplify operational function so public car► use more effectively • Support for arts PSA production • Technology re-openers in the franchise • Use friendly equipment & use standards • User friendly program info and promotion • Using a local network-style organizational structure for the community media centers • Welcoming environment in PEG • Work with CCETV consortium Fquipment and Facilities • Community media center • Multiple locations of PECK facilities • Adequate studio and time to program • Availability of computers to access internet at community access center • Community center that feeds all franchises • Computers to access Internet at community access center • Digital, nonlinear editing • Equipment available for field production • Free internet access for schools • Local studio and access facility • Media center that supports web services, hosting, web design training • Mobile production capability • More cable drops per school, cabling, and design support from AT&T • More standard user friendly access production equipment • New equipment for access • Non-profit PEG access center serving central contra Costa and other areas of the county • Public location for community media resources • Satellite media access centers • Standardize channel numbers • Mate of art equipment for students to learn `ATV' • State of the art equipment & local facilities • State of the art programming menu • Systematic program/service • Underground facilities * Upgrade cable system with minimal traffic interruptions • Video on demand/two way • Web page for local resources • Wireless communication 52 DRAFT"-- CONFIDENTIAL Staff Facilitation and Promotion • Staff assistance • Access training staff • Better education about existing cable resources • Better promotion of local programming • Broad promotional information about programming • Cable electronic menu system • Educate public about access and services programming • Efficient way to find out what programs & services are available • Information on what cable services are available • Informed and helpful cable staff • Knowing what PEG access is and how to use it • Knowing who and where to call • Outreach programs that teach people to effectively use PEG resources • Permanent staff to facilitate production • Production assistance • Reach out to public agencies & schools, etc. and initiate access programming • Schools should include communication systems expert • Services • Simple way to learn potential of cable and telecommunications • Skilled technical support people • Technical support • graining to create better local programs Community and Customer Relations • Affordable privacy for a variety of customers • Automated billing • Better communication with cable company, community liaisons • Better customer services • Better telephone system at cable company • Collaboration between the cable operator and arts community • Third party flow through promotion for non-profit • Equal two-way communication with cable operator • More concise information available about cable services • More cooperative efforts between NPOs and companies • More flexible program package • More reliable cable services • On-line access to customer services, or "I need help, • User friendly billing data 53 DRAFT-- CONFIDENTIAL Fundin • Affordable access • Aggregate funds and services regionally to provide central wide services • Cable rate stability • Cost effective transition to digital • Funding support for production • Funds for staff& engineering support • Lower cost or free in the case of access • Rates based on use fee not a `tier' fee • Reasonable rates Special Needs • Programming in multiple languages (captioning, etc.) • Handicapped accessible remote control • Life-line style service • TDD and ADA-communication impaired support technology • Use non-linear editing for continued education and visual literacy Trainin • Easy and accessible instruction on using the cable system • Help tutorials • Outreach and promotion and training to civic groups to let them know how effectively to use PEC • Training done in collaboration with area education institutions • Training to create better local programs 54 DRAFT-- CONFIDENTIAL A series of four additional public meetings -- for government departments and agencies, community organizations, educational institutions, and the general public — were held in January 2004. Each meeting was designed to update attitudes regarding; (1) current community cable-related needs and interests (2) the existing PEG Access operations and programming (3) how PEG Access could be easier for them to use, ,and (4) how PEG Access and other new cable communication services might be used in the future. A total of 74 different people attended the 2004 public meetings. Responses to the questions discussed during these meetings have been organized for presentation below. A copy of the notes from these meetings is included in Appendix 3 to this report. Question la: In the Next Five Years, What are the Key Issues Facing Local Government Agencies, Schools, Community Organizations, Civic Groins, and Businesses in Centra Costa County, the Cities of Concord, Clayton, Martinez, Pleasant Hill & Walnut Creek, and the Towns of Danville & Moraga? Many key issues were mentioned by these who attended the four 2004 public meetings. The issues of primary concern have been organized into categories, within which the participants' comments as provided below. Key Issue#1: Economic Deve1_doment1Jobs1Fundjn_q NeedstCost of Lwin ousin + Access to funding sources • Affordable housing • Attracting new business • Budget cuts • Budget issues + Budget problems • Cost of cable service • Economic vitality • Funding for libraries • Funding for networks (i.e. distribution materials) + General funding for schools, etc. held off by state 55 DRAFT— CONFIDENTIAL Key issue#1: Economic C7evelo mentlJobslFundinNeedsJCost of Livia /l�ousin (continued) • Headquarters of corporate sector in Cities = resources for citizen's jabs • High cast of PERS and workmen's comp • Housing imbalance • Job growth lacking to meet needs • Jobs • Lack of money is key challenge to institutions, service agencies, schools • Nonprofits under funded • Pressure to do more services with fewer dollars, especially County • State funding decisions • State raid on City finances • Tourism • What is to keep municipal budgets from absorbing 5% gross revenue money to general fund? — "the law" • Workforce development Key issue #2: Technology, Telecommunications and Media • Apartment/condo lack of access to cable service • Astound enforcement issues PBG deployment reason: pooling of resources planned • Availability of product by local residents but no distribution capacity • Cable could provide substitute resources and infrastructure uses • Digital divide issues • Home computers not in all homes • Interface technology from use of cars • Interoperability— need agencies to communicate effectively with each other • Keeping up with technology • Lack of collaboration around PEG and local programming (no shared resources) • Lack of media presence in Contra Costa County (TV) • Lack of TV presence that is local • Lawsuit scares by Comcast strategy with small cities • finking County and Cities in Northern California together • Local news • New technologies • No facilities to meet public need • No model to use — local media/community model • No presence in regional (Bay Area) media • Professional development need for I-Net to provide connectivity throughout county • Working-at-home families need connectivity 56 DRAFT— CONFIDENTIAL Key Issue #3. Education • Adult education deployment of technology • Adult learners who need basic skills, without cable • After school programs to youth population • Distance learning needs • Education = falling behind in technology area specifically • Educational facility (closing) • Increasing class sizes due to financial cutbacks • Library construction and operation • Literacy • Meeting requirement for"no child left behind" • Need for public/community college for development of media program • Needs for job training and career shifts given shortage of student access to college • Parents demand for access to student records • Students needs expanding necessity for connectivity • Tele-courses—getting education to learners with time constraints, difficulty getting to campus • Turning potential students away Key Issue #4: In rastructurel7`rar sportatinn • Aging infrastructure—everything: streets and walks, plumbing • Meeting requirement for"Americans with Disabilities Act„ • Parking • Public transportation • Schoolsleducation transportation • Traffic congestion • Transportation • Transportation availability • Transportation for.students to adult education Key Issue #5.- GrowthlQuaky of LifelEnvironment • Air quality issues • Commuter culture • Distance to work • Environmental issues • Flood control • Growth issues/development • (open spacelland use issues • Smart growth • Water issues 57 DRAFT-_ CONFIDENTIAL Key Issue #8: CommunicationlCorrmmunity Involvement • Access for shut-ins, information about businesses and services available • Communication to avoid • Communications resources to reach funders • Community warning system • Demand of control over community by government (regional, federal) of activities in community = ordinances, restrictions on access to information • Independent voices being lost • More information availability and people want that "open government" • Regional information Key Issue #7: CiversitylDemogreghics • Access to service for English speaking population • Demographic needs for certain populations-- language, cultural diversity, low income in need of services, spread out over large area • Increase diversity— how to handle • Increase in population growth • Language challenges • People with special needs Key Issue #8: Public Safet I�Crime • Crime prevention • Crime prevention outreach • Emergency, safety communications need • Local emergency preparedness and information • Security/safety = homeland Key Issue#9: Health and Human .Services • County advocacy/services need to continue even without funding • Health and welfare services • Health care services • Health issues/outreach and information • Hospitals 58 DRAFT-- CONFIDENTIAL Question 2a: What are Key Challenges or Barriers Faced by such Public Agencies, Community Organizations and Groups, Educational Institutions, and Businesses in Communicating With Their Constituencies? An analysis of the responses to this question resulted in the identification of five primary areas of communication challenges: (1) inadequacy of available communications media; (2) cost barriers; (3) the need for new education and skill sets; (4) communicating with diverse groups; and (5) the need for more and better managed information. The specific items mentioned by the focus group participants within these areas are listed below and on the following pages (the items shown in bold print were mentioned multiple times and ways). Key Challenge #I.- Inadequate of Available Communications Media • Lack of access to cable system • Lack of any "Mules & Procedures" for equitableffair uses of system • Lack of channel capacity to meet need — not enough channels • Lack of media center and media resources • Lack of television access for nonprofits • Lack of TV— media in Contra Costa County • Problems with Comcast-managed Access • Access -- newspaper, media, satellite cost = cost--time effect • Barrier: form in which testimony can be expressed (non video clip, for example) • Computer vs. television availability • Hurting newspapers • Infrastructure and centralized location for technology support • Lack of choice time slots • Lack of computers in poor families • Lack of easy access to produce television • Lack of effective local television • Lack of infrastructure sufficient for universal access • Lack of interactivity • Lack of local coverage by election media • Lack of media presence in mainstream media • Lack of model for community uses of PEG • Loss of cable interconnection •- high cost keeps penetration down • PEG -- lack of connectivity, line extension into rural part of County • Promises of technology not delivered • Quality of signal of community channels • Rapidly changing standards in technology 5 DRAFT-- CONFIDENTIAL Key Challenge #2: Cast Barriers • Cost of cable service • Cast of printing and distribution • Lack of money • Budget constraints • Cast of using technologies to communicate • Digital divide • diminishing money for communication (high speed services) Key Challenge #3: Need for New Education and Skill Sets • Lack of knowledge and understanding • Lack of professional assistance to people from community to produce • Lack of training • Lack of attitude/support of good product • Lack of available public/private video training educational facilities • Lack of providing services to those who are visually or hearing impaired Key Challenge #4: Communicating with Diverse Groux�s • Language barriers • Fewer humans working to interface with residents, seniors, etc. • Getting message out to people • Size, number of organizations to communicate with — how to solve the problem of effective communications Key Challenge #5: Need for More and.Better Managed Information • Lack of information and knowledge of what is available • information overload • Lack of effective voter information on local and state level • Lack of full time/real time information 60 DRAFT-- CONFIDENTIAL Question 3a: What are Some of the Ways in Which You (or your "organization'9 Could Use Cable or PEG Access to Communicate? The participants in the public meetings identified a great deal of information, program topics, and program types in response to this question. They include the following items (the topics and programs shown in bold print were mentioned multiple times and ways): • Adult education • Art programs • Candidate forums • Community calendar • Crime prevention programs • Disaster preparedness • Distance learning • Educational uses • Emergency alert • Health services • Local regular series • Parent teacher communications • public healthisafety • Public service announcements • Teleconferencing • Telecourses • Video on demand • Address inequities between "have" and "have not" • Advocacy and county information for nonprofits • College issue forum • County events and programs (parades, festivals, City/County activities) • County Office of Education • Create local media about consortium of Cities and County to highlight local image • Defray DSL costs • Election results • Emergency training using I-Net • English as a second language • Evaluation of uses of system • Fundraising • gallery Concord: artist interviews • Hearing impaired/visually impaired programs = assisted technology • High definition television • High speed internet access 61 DRAFT CONFIDENTIAL Ways to Use Cable or PEG Access to Communicate (continued) • Homework help • I-Net/infrastructure for schools • Information on resources • Interactive learning testing • Interface with schools (information about programs in cable system on PEG) • Internship/mentorship • Interviews with elected officials • Issues around immigration and visa's, etc. • Job training • Kids produce news ® share with entire County via Educational access • Labor and human issues • Latino guests, in English and in Spanish • Linguistic information — information in different languages • Literacy and remedial training for students entering college • Live broadcast of public meetings • Local coverage • Local news • Local sports • Media literacy • Meeting/agenda information • Neighborhood watch coverage • Nonprofits/community channels specific for outreach of those constituents • Ongoing fora — not just once in a while • Professional training teachers • Programming already produced by kids (want to get it out to homes) • Public information which is like Amber Alert/lost child • Public issue forums • Quality/advanced production training • Reaching funders • Reading for the blind (newspapers) • School activities • Seniors programs and other community shows • Speaker coverage cablecast throughout schools, community • Speaker's forum • Streaming over Community media center website • Tracking of further contact information, local • Training videos • Transparency of government (public relations and transparency) • Tutoring online • Veterans issues • Youth activities 62 DRAFT-- CONFIDENTIAL Question 4a: What Would Make It Easier For Your Organization or Agency To Use Cable or PEG Access to Communicate? The participants in the public meetings identified six primary categories of need. Those categories, in order by the number of comments within each one, are: (1) bandwidth/ system design; (2) equipment and facilities; (3) PEG Access management, policies and procedures; (4) staff facilitation and promotion; (5) funding 1 affordability; and (6) community and customer relations. Many of the responses are listed below and on the following pages, arranged by category. The suggestions shown in bold print were mentioned multiple times and ways. Bandwidth& stem Design • Adequate channel capacity • Broadband spectrum • Clear trigger formula for more channels • I-Net • Interconnected PEG channels —whatever MSO • Live remote capability for PEG • Quality/signal of PEG channels must not be different from other channels on system • Same channel number on systems • Ability to receive programming and distribute, transmit throughout system • Adequate upstream capacity on I-filet • Broadband for PEG access • Channel totally dedicated to PEG • Connectivity between school/district office and home viewer • Contiguous Cities provide PEG signals, if possible • Digital spectrum set aside for PEG analog • Digitally friendly guide • Emergency override of full cable channels • Every school connected to central place, to homes and point-to-point • Fiber/satellite links back to community media center (microwave) • Flexibility of routing system for PEG channels • High definition N capacity for PEG channels • Infrastructure plan to meet larger needs • Interactive between cable system and web stream/web • Interoperability of IT between various LFAs • Line extensions to get cable to those outside grid 63 DRAFT— CONFIDENTIAL BandwidthlSystem QgLign, (continued) • More educational access channels to meet needs • More server storage/broadband spectrum • On demand capability of system • PEG access channel not changed without notification with financial support • PEG video on demand • Regional and subsets for programming control in distribution • Signal to headend upstream on 1-Net • Similar capability to all Cities across franchise areas (of this consortium) • Specific 1-Net spectrum just for education • Universal service tier • Video conferencing capability and equipment • Wireless network 5quh)ment and Facilities • Community media center to facilitate local productions • Equipment that is state-of-the-art • Equipment upgrades over life of franchise • Media friendly multi-media community bulletin board • Remote field production equipment • Access to those resources —ease of availability of them countywide, yet locally available • Centralized and satellite facility • Common MPEG format • Community Media Center centralized location • Community Media Center to be resource for training • Compression analog to digital • Coordinated, collaborative, centralized Community Media Center which is staffed by people who are committed to helping community users • Equipment and facilities that encourage creative productions • Need central programming capacity • Need satellite production resources • Resources to make all this happen • Server capacity • Studio for local users • Transfer of format equipment • User friendly equipment 64 DRAFT... CONFIDENTIAL PEG Access Management/Policies &Procedures • Accountability • Consistent, clear, equitable rules and procedures for PEG access usage • Scheduling guidelines that are equitable and fair • Bandwidth to be managed by Community Media Center • Cooperation among all three PEG channels' management entities • Entity to coordinate • Evaluation of local resources regularly • Local news/internship programs/college students • Locally managed PEG access • Not happy with Comcast management of resources • Ongoing advisory committee for process of renewal and establishing Community Media Center • Deceptive management model • Security issues regards to content to be put in place • Time sensitive availability— hours that meet needs, 24 hours • Tracking and evaluation of local users to avoid overload issues, feeds back to users Staff Facilitation and Promotion • Adequate staff to provide services • Schedule for PEG in TV Guide, etc. • Access community media centers staffed and run professionally • Central clearing house for resources, information on availability • Local cross channel promotion of PEG • Newspaper • Production staff= government and nonprofits and educational shows • Regional information on PEG elsewhere • Six inserts in cable bill • Staff monitor playback • Staff that is sensitive to local producers • Staff whose sole purpose is to assist Funding/Affordability • Access should be low costlfree based on sliding scale • Affordable production services • Fixed funding stream for support on annual basis • Full 5% of gross revenue max money • Low cost/lifeline tier— marketing materials for people to know about it • Low end cost for schools and government, on lowest level 65 DRAFT-- CONFIDENTIAL Funding l Affordability (continued) • Lower costs of services • Multiple tiers --varying cost • Operating funds • Senior/low cast sensitivity and flexibility in casts Community and Customer Relations • Improved customer service rep service — local answering • Better information on marketing people • Keep customer service and tech jobs at cable company local — not off shore, not out of state • Local offices for customer service with full hours to meet working people's schedules (evenings and weekends) • More direct telephone service— segregate customer service from complaint/technical problems Question 5a: What Are Your Other Thoughts, Concerns, or Wishes Regarding the Past Service Provided by Comcast or Future Services You Would Like to Receive from Comcast? Finally, the participants in the 2004 public meetings were asked to provide any other thoughts or concerns about Comcast's cable service. The four primary areas identified were: (1) regulatory concerns C competition; (2) system design concerns; (3) customer service concerns; and (4) PEG concerns. Many of the responses are listed below and on the following pages, arranged by category. The suggestions shown in bold print were mentioned multiple times and ways. Re uLllatorCr cems l Competition • Compliance performance and services input from residents and City • Employment policies with Comcast— no women • Contract re-openers • Review of operator on a regular basis • Bandwidth competition • City leaders: do not capitulate, hold out for maximum return to Cities allowable under law 66 DRAFT w- CONFIDENTIAL, I1gulator r�Concems/Competition (continued) • Ethical treatment of employees at cable company—standards for human reviews of employer conduct • Franchise fee audit review • Give Comcast opportunity to be good corporate citizens • Have/encourage competition • Now to keep equipment up-to-date: State of the art clause • Issues being addressed through growing sense of community within Contra Costa cities • LFAs should work together to help benefit community System Cies%n Concerns • More tiers with choice of channels • A la carte tiers • Availability of high definition television • B contour presence • Channel line-up for PEG to match with service on all providers • Inconsistent quality of services • Interoperability • Maintenance of field amplification equipment and service plant • No monitoring of cable plant • Reliability of system, particularly as it concerns service • Video on demand Customer Service Concerns • Local contact for citizens with Comcast • 1-800-Comcast is the only number on bill -- require customer information and number for complaints, outages • As corporate culture-- better customer service training, local employment and better relationship with client • Better communications with Comcast • Comcast employees rude • Forever on hold with nightmare customer service • Past performance of customer service representatives giving wrong information • Quality of customer service reps—how customers are treated with courtesy, timely information, accuracy of information • Returns in customer service are heavily weighted to sales not service of customers 67 _. DRAFT-- CONFIDENTIAL PEG Concems • Get as much for PEG access as possible into contract • Lack of access time at Comcast facilities • Lack of true accountability for local programs meeting local needs • Poor track record on program scheduling errors • Staff/tech problem — playback promises unreliable, automated programming does not keep commitment • Wondering if Comcast is doing local origination to undermine PEG access for public 68 DRAFT-• CONFIDENTIAL D. TELEPHONE SURVEYS OF RESIDENTS. During October and November of 1999, Group W Communications conducted a statistically valid random telephone survey of 409 residents of the communities that belong to the Consortium. The purpose of this survey was to gauge the level of customer satisfaction regarding a number of matters (reception quality, customer service, repair of technical problems, billing, local programming, and future services). Since over four years had lapsed, Group W Communications was asked to conduct two additional telephone surveys in December 2003 to update the 1999 survey. One of the 2003 surveys included 406 residents (Comcast cable subscribers and non-subscribers) in Contra Costa County, while the other 2003 survey included 401 residents (Comcast cable subscribers and non-subscribers) of Walnut Creek and Concord. Following are the primary findings of these telephone surveys: • All of the surveys showed that, in general, cable subscribers are satisfied with the quality of the picture and sound and indicate that the company is providing bills that are accurate and easy to understand. Very large majorities rated these areas of service as "good" or "very good." However, only about half gave "good" or "very good" ratings to the overall value of the cable TV service. • All of the surveys found that the subscriber base appears to be quite stable. The 1999 survey found that over two-thirds (67.9%) of the subscriber-respondents have been with the cable system for 10 years or longer. The 2003 surveys found that 63.4% of the Comcast subscriber-respondents in Contra Costa County and 54.8% of the Comcast subscriber-respondents in Walnut Creek and Concord have been with the cable system for 10 years or longer. • Nearly identical data was gathered in all of the surveys regarding the respondents' recollection of the cable company's telephone response time. In the 1999 survey, of those subscriber-respondents who had telephoned the cable company in the last year and were put on hold, 65.3% felt that they were on hold for one minute or longer. Only 4% indicated they were on hold for less than 30 seconds. In the 2003 telephone surveys, 63.4% of the subscriber-respondents in Contra Costa County and 61.4% of those in Walnut Creek and Concord who had telephoned the cable company in the last year and were put on hold felt that they were on hold for one minute or more, with about 15% of each group reporting that they were on hold for 69 DRAFT-- CONFIDENTIAL less than 30 seconds. Since FCC minimum customer service standards require telephone calls to be answered by the cable operator in 30 seconds or less (90% of the time, under normal operating conditions, measured quarterly), and such small percentages of the respondents to all three of the telephone surveys said they were on hold for less than 30 seconds, further investigation of this matter is warranted. • The 1999 and 2003 surveys found that high (and growing) percentages of the homes in Contra Costa County have a computer that is used to access the Internet: 60.6% of those in the 1999 survey and 67.7% of those in the 2003 survey of County residents. The 2003 survey also revealed that 28.4% of the respondents in the County-wide survey (26.1% of those in the Walnut Creek I Concord survey) subscribe to Comcast's high-speed Internet service, which was introduced after the 1999 survey was conducted. About 80% of the respondents who subscribe to Comcast's high-speed internet service rate it as "good" or "very good." Of those who do not subscribe to it, the most commonly given reason (stated by about 40% of the high-speed internet non-subscribers) was that it was too expensive. • Other primary findings of the 1999 telephone survey included the following: • About six out of 10 (58.7%) of all subscriber-respondents reported that they had watched Contra Costa Television (CCTV). Of those who had watched CCTV, a similar percentage (58.2%) said they tuned in at least monthly. • Almost one-fourth (22.7%) of subscriber-respondents said that the organizations they are involved with would be interested in having programs about their activities and services shown on local cable channels. Another 27.4% indicated that their organizations might be interested or didn't know. • More than two-thirds (68.7%) of subscriber-respondents said it is either "important" or"very important" to have local cable channels that feature programs about local residents, organizations, events, schools and government. When they were asked how much of their monthly cable bill should go to support such programming, the average of all responses was $1.08. 70 DRAFT-a CONFIDENTIAL * Well over half of all respondents to the 1999 survey, when asked about the importance of receiving several different types of government and community information and services through the cable system, rated all six services tested as "important" or "very important." Access to public safety information was rated as "important" or "very important" by about three-fourths (74.8%) of the respondents. This was followed by access from home to library resources, access from home to government information and the ability to vote, renew your driver's license or obtain permits, which were all rated as "important" or "very important" by about two-thirds of the respondents. * When asked about receiving several different commercial services, well over half (57.2°1%) rated a high speed Internet connection as "important" or "very important." Less than four out of 10 (37.2%) rated movies on demand as "important" or "very important" and more than three out of 10 (31.5%) rated telephone service as "important" or "very important." Almost three out of 10 (28.9%) of those respondents who said that these services were important or very important said they were willing to pay extra to receive them. • The 2003 telephone surveys included the following other primary findings: * 47% of the subscriber-respondents in the County-wide survey (48% of those in the Walnut Creek/Concord survey) said they had watched CCTV. Of those who have watched CCTV, 40.1% of the County-wide survey respondents (45.2% of those in the Walnut Creek/Concord survey) said they tuned in at least monthly. * In both 2003 surveys, about 28% of subscriber-respondents said that the organizations they are involved with either would or might be interested in having programs about their activities and services shown on local cable channels. * In both surveys, more than two-thirds of subscriber-respondents believe it is either "important" or "very important" to have local cable channels that feature programs about Contra Costa County residents, organizations, events, schools and government. When they were asked how much of their monthly cable bill should go to support such programming, the average of all responses was $.81 in the County-wide survey and $.78 in the Walnut Creek/Concord survey. 71 DRAFT-- CONFIDENTIAL • In both 2003 surveys, when asked about the importance of receiving several different types of interactive government and community information and services through the cable system, respondents rated "access to public safety information" highest (about two-thirds said this service was "important" or "very important"). The ability to have access from home to government information was rated as "important' or "very important" by over half of these respondents. • In both 2003 surveys, when asked about receiving several different commercial services, over one-fourth of the respondents rated movies on demand as "important" or "very important." Video teleconferencing and telephone service were both rated as "important" or "very important" by about 20% of the respondents. Of those who believe these services to be important or very important, almost three out of 10 are now willing to pay extra to receive them. Complete analyses of the responses to all the 1999 telephone survey and the 2003 telephone surveys have been provided to the Consortium in separate reports prepared by Group W Communications and The Ruske group. 72 ...... _. CRAFT-- CONFIDENTIAL E. ANALYSIS OF INFORMATION GATHERED THROUGH THE REVIEW OF STRATEGIC PLANS AND OTHER MATERIALS. Strategic plans, technology plans, position papers and other materials that provided information with regard to community needs and interests were submitted to the Consortium members and reviewed by the consultant. The following documents were included: • Compute, Connect, Communicate, Collaborate Create Technology Information and Communications Plan Mt. Diablo Unified School District7998- 2000 • Contra Costa County information Technoloav Strategy, 9996 • Centra Costa County Library Technology Plan December 7999 • Contra Costa College Strategic Plan 7999 — 2002 and accompanying Letter from Helen Carr, Contra Costa College—Cable Consortium 11124199 • Instructional Technology Plan: San Ramon Valley Unified School District 9994— 7999 • Report of Findings, City of Concord 2000 Residents'Satisfaction Survey (Feb 29 - March 5, 2000) • Contra Costa College Instructional Technology Plan • Walnut Heights Elementary School Technical Use Plan 9996-2007 • Walnut Creek School District Action Plan for Technology, 7996 • Contra Costa Educational Television Consortium Background Briefing Paper {and related materials) • Contra Costa Educational Television Consortium: Distance Education in Contra Costa County • CableNet TVICCTV Survey ReportCSU-Havward and Contra Costa Television • Community Library Needs Assessment City of Walnut Creek Library • Plan of Service—New Downtown Walnut Creek Library City of Walnut Creek Library • Strategic Plan Five-Year Concept Contra Costa Community College • Position Paper, Diablo Video Arts A significant amount of valuable information was obtained from these documents. Although each document speaks to specific organizational needs, all of the plans indicate a common understanding of the value of telecommunications to the missions of these organizations, and preparedness to put communication tools to work on behalf of those missions. The following summary highlights key information from them. 73 DRAFT-- CONFIDENTIAL Compute Connect Communicate Collaborate. Create: Technologv, Inf©rmatian and Communications Plan Mt. Diablo Unified School District,_ 9998- 200 This plan* is the result of an extensive, district-wide technology planning process undertaken by the (Vit. Diablo Unified School District. The plan contains a number of elements that could easily be accomplished or linked through an institutional cable network, including. • A District Wide Area Network • District Wide Electronic Mail and Document Management • School-Based, Networked Media Centers • District Wide Student Information Centers The plan indicates a comprehensive understanding of the impact of technology in education, featuring plans to integrate technology literacy into instruction, create partnerships with business to provide resources and use the E-rate to subsidize associated costs (all of which reflect the capacity to put resources provided through cable franchising to use in a wider context of development). Contra Costa County Information Technology Stratg& 9996 This document describes a strategy for using Information Technology in the County to improve delivery of County services, improve internal operations, promote cooperation, increase efficiency, and ensuring the availability of information for decision making. There are key elements of the plan that could be accomplished through a cable system institutional network: • Common County-Wide Communications and Network Services • Staff Training, Development and Support 74 DRAFT-- CONFIDENTIAL Contra Costa County Library Technology Plan, december 1999 The goals of this plan are to upgrade the library's Internet bandwidth and the number of links between branch libraries in order to provide higher speed connectivity, while making the countywide, Wide Area Network accessible to all staff. Much of this could be accomplished through a cable system institutional network. Contra Costa Coilege Strategic Plan, 9999-- 211O2 and accompanying Letter from Helen Carr, Contra Costa College Cable Consortium, 11124199 Contra Costa College is working to provide instruction "that is innovative and meets the needs of students." This is the first goal in their strategic plan. The administration and teachers see expanded capacity for programming educational channels on cable as an important means to reach that goal. The College is currently using their channel to cablecast educational programs to a significant number of students enrolled in telecourses. They are also using the channel for interactive teleconferences aimed at high school populations and special populations. Ms. Carr and the Contra Costa Cable Consortium have two key concerns: • Continued and increased provision of educational channel capacity on the cable system; including countywide channels. • Construction of a cable system that is interconnected sufficiently to allow the college to reach its service populations who are located in a number of different cable franchises at the moment. Instructional Technology Plan. San Ramon Valles Unified School District. 1994— 1999 In this document San Ramon School District's Technology Task Force sets forth goals and objectives for using communication technology as a means to enable people to pursue education more effectively, creatively and differently. It recognizes that computers, interactive multimedia, video, networks, and satellite dishes have emerged as significant educational tools that are having far reaching impacts on the structure of schools and 75 DRAFT-- CONFIDENTIAL education. The plan identifies a number of needs that could be met through the use of a modern cable system: • District Wide Area Network • district Wide Connection to the Internet and Other Wide Area Networks • Classrooms Connected to the Internet and Other Wide Area Networks It is notable that the San Ramon School District's plan reflects the understanding that a networked school requires information technology on the edge of the network in order to fully realize the potential of telecommunications in education. Therefore, they commit to providing the following for each classroom: • Telephone Access • TV/Monitor • VCR • Networked Computer and Printer • Access to Presentation and Multimedia Capability Report of Findings, City of Concord 2000 Residents'Satisfaction Survey(Feb 29— March 5, 20002 For the past three years, the City of Concord has hired a professional survey company to conduct an extensive random digit dialing telephone survey of 600 Concord residents. The purpose of these surveys has been to gauge the level of satisfaction that residents have with respect to various aspects of life in the City. This most recent survey reported a number of interesting findings regarding matters that relate directly to cable communications: • Cable TV regulation continues to be ranked as one of the City services with which respondents are least satisfied. • The proportion of respondents recommending that the City communicate more with its citizens and get them more involved in civic affairs continues to increase. 76 DRAFT-- CONFIDENTIAL. • Twenty-six percent of respondents reported having seen "Street Smart," a crime prevention show on cable channel 25. Those most likely to have seen the show include families with annual household incomes between thirty and sixty thousand dollars and people who have lived in Concord for more than twenty years. of those who have seen Concord City Council meetings on cable TV, 36 percent have also seen "Street Smart." Whether or not residents have actually seen "Street Smart," they praised it as an effective way to teach people to prevent crime. Three out of four Concord residents labeled the program "effective", and of this number, more than half called the program a "very effective" approach to crime prevention. • When asked what type of information they would like to see in a show like "Street Smart", residents were most interested in: (1) how to protect their children and prevent juvenile crime; (2) how to defend themselves from crime against their persons, their homes and personal property; and (3) crime statistics and alerts. • When asked if they would be interested in other programming which would highlight "different city services and stories of local community interest," three out of four respondents said they would be "very" or "somewhat" interested in this type of programming. Those most interested are residents who have arrived in the past five years and those without a high school education. Interest in city service programming is also high among those who already have extensive information about how government operates. Thirty-eight percent of those residents who have received three or more pieces of information from the City and 48 percent of those who have watched three or more City Council meetings on television said they would be "very interested" in new programming about city services. + Nearly half of the survey respondents said they had viewed a City Council meeting on cable TV. Those who had watched the meetings tend to be male, homeowners, long-time Concord residents, more highly-educated and affluent. Respondents who had watched these meetings on TV were also more likely to be voters than those who had not, and rate the City's services and quality of life slightly higher. • While the vast majority of residents who have received communications from the City rate them as "clear and understandable," a growing minority said that they are not. The groups most likely to provide negative evaluations of the City's communications include renters, residents under age 30, and non-whites. 77 DRAFT-- CONFIDENTIAL Contra Costa College Instructional Technology Plan Contra Costa College's priorities for technology are based upon input from managers, faculty, and students. Through the innovative use of current technology and limited available resources, the College's institutional goals are to: 1. Help students achieve their personal educational and career goals. 2. Support the improvement of classroom teaching and the development of the college's staff technical skills. 3. Expand and improve institutional support services for students and college staff. 4. Expand and improve the college's capacity for local and global communication. 5. Support the enhancement of curriculum. 6. Maintain and upgrade instructional technology laboratories. 7. Facilitate access to information for better decision making. 8. Support developing standards of hardware and software at Contra Costa College and in the District. 9. Establish and maintain intra-district connectivity. In order to achieve these goals, many of which could be aided by the design and support of the subscriber and institutional networks of the cable communications system, this Plan specifies budget needs for lecture room multi-media presentation systems, distance learning rooms, computer labs, audio/visual technology, training and staff support. Walnut Heights Elementary School Technical Use Plan 1995-2001 The Walnut Heights Elementary School seeks to provide "an environment in which technology is used as a tool to improve student learning and support the educational process." It intends to use technology to: Extend the learning environment beyond the boundaries of the school campus and the school year. 78 DRAFT CONFIDENTIAL. • Explore the dynamic connection between the home, school and the global community. • Access vastly increasing resources for learning and productivity. • Acquire the skills essential for the 21 st century workplace. • Increase self motivation, self esteem and enthusiasm for learning, • Support individual learning styles and interests. • Promote effective partnerships between the educational and business communities, for the benefit of all. Once again, it is clear that many of the School's goals could be aided by the design and support of the subscriber and institutional networks of the cable communications system. Walnut Creek School District Action Plan for Technology, 19 The Walnut Creek School District's "Action flan for Technology" provides an analysis of the implementation of computer and communications technologies for the benefit of students and teachers. The Plan looks at the following areas where specific results are anticipated from such an implementation, and includes a cost-benefit analysis for each area: • Curriculum development • Staff development • Instruction and applications • Technology resources in the classroom/library media center • Curriculum assessment • Administration • Networks 79 DRAFT-- CONFIDENTIAL Contra Costa Educational Television Consortium Background Briefing Paper Lang{related materials) The Contra Costa Educational Television Consortium ("CCETC") is made up of area educational institutions that have been active in the presentation of telecourses on CCTV, the County's Government Access channel. The most active organizations in CCETC are Mt. Diablo Unified School District Adult Education, Contra Costa College, California State University (Hayward), County Office of Education, and Contra Costa Television. CCETC advocates the establishment of a new county-wide educational channel, to be managed by a consortium of educational users. Their support for such a channel is due to the fact that CCTV's government programming has expanded in recent years, leaving less and less time available for educational programming on that channel. In addition to the provision of such an Educational Access channel, CCETC requests that funding to support its operation should be established through a 25¢ per subscriber per month fee, collected by area cable companies and delivered to CCETC. The consortium also provided an initial five-year budget and daily programming schedule. [NOTE: THE DOCUMENTS ANALYZED ABOVE WERE PROVIDED TO THE CONSULTANT IN THE YEAR 2000. THE FOLLOWING DOCUMENTS WERE PROVIDED TO THE CONSULTANT IN 2004.] Contra Costa Educational Television Consortium: Distance Education in Contra Costa Countv CCETC also provided a report which details the need to support distance education in Centra Costa County, and how the consortium feels that support should be provided. 80 ... CRAFT-- CONFIDENTIAL The CCETC report notes that the overall population of distance learning students, as well as its ethnic and socio-economic diversity, continues to increase on an annual basis. Most of the community college-level distance learning students (to whom the greater part of current classes are broadcast) maintain a work schedule in addition to a full load of courses, and ninety percent of them indicated that distance learning is moderately to very important in helping them meet their educational goals. The report further notes that there is a great disparity between the amount of television programs regularly offered by the local educational institutions (stating that Contra Costa College and CSU-Hayward are each broadcasting 168 hours/week) and the number of hours available to cablecast them County-wide -- only 29.5 hours per week via the Contra Costa Television channel. There are also severe limitations in the currently existing educational programming facilities at Contra Costa College and CSU-Hayward, with current needs for more server storage, VCRs and satellite systems as well as future needs for more of the same. The report also notes the need for an I-Net connection, to not only replace the expensive current data network but also to complement broadcasting connections by providing additional sites from which programs can originate and be sent. The report concludes that, in order for educational television to reach its full potential in Contra Costa County, there needs to be: • Bandwidth for a sufficient number of educational channels (e.g., three channels at the start of the new franchise, additional channels activated as needed) • Franchise provisions that define such channels as "a percentage of total cable bandwidth„ • Connectivity (including fiber optic cables and all necessary electronics) from program providers to a point where their programs can be switched onto the cable system, using video standards that are converted when necessary to ensure compatibility with those required by the cable company • An I-Net connecting community institutions to each other • Facilities and equipment to produce and distribute high quality programs • Support for operational and maintenance needs, possibly through an arrangement with a non-profit organization established to manage the PEG Access channels 81 __. __ _ DRAFT-- CONFIDENTIAL CableNet TV/CCTV Survey Report CSU-Hayward and Contra Costa Television This report summarizes the results of a survey conducted on behalf of CSU- Hayward's CableNet TV (in Alameda County) and Contra Costa Television, Contra Costa County's government and educational access television station. The survey sought to determine the awareness and audience of CableNet and CCTV, the type of programs residents would like to see on these channels and to find out how much residents are willing to pay for an additional educational and government access station. (This survey was conducted among residents of Contra Costa and Alameda Counties.) The survey found that awareness of these channels was at about fifty percent in their respective counties. Nearly all of those residents who were aware of the channels watched them "at least occasionally." Respondents were interested in seeing local news programs, family programs and programs about science and technology in the future. Most of the respondents said they were willing to pay at least 10 cents extra on their monthly cable bill for an additional government and educational access channel. Communitv Library Needs Assessment City of Walnut Creek Library Over a ten-year period, the City of Walnut Creek gauged its residents' attitudes toward and vision for the City Library through tools such as citywide surveys, Vision Planning, a facilities assessment and a telephone survey. The decade's worth of research resulted in the City of Walnut Creek Community Library Needs Assessment Report. The Library's needs assessment found a very high level of support for a new, state- of-the art library facility. The existing City Library is widely considered to be inadequate in size and infrastructure. In 1999, the Library was used as the "poster child" of outmoded library facilities throughout the state prior to the campaign for Proposition 14, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. It further notes that the current facility "cannot meet its present demand for electrical outlets, much less the space requirements or infrastructure needed for new technologies." 82 DRAFT-- CONFIDENTIAL The research showed that Walnut Creek's population of highly educated adults (including a large population of technologically astute seniors) demand a Library that meets their educational and informational needs and matches in aesthetics and functionality their view of the City as a regional center for the arts, finance, entrepreneurial commerce and health care. A "Plan of Service" was generated from the results of the community needs assessment, detailing the proposal to fulfill the community's need for a larger, more technologically-savvy facility. A synopsis of that Plan is provided below.) Plan of Service— New Downtown Walnut Creek Library City of Walnut Creek Library The City of Walnut Creek and the Contra Costa County Library have proposed a new 41,298 sq. ft. branch library for downtown Walnut Creek. This facility is meant to replace the existing Walnut Creek Library that opened in 1381, intending to serve a population of 9,993. The population of Walnut Creek in 2003 was 64,296 and the existing library's lack of adequate space is compounded by its insufficient computer and telecommunications infrastructure, limited accessibility, poor lighting and unappealing aesthetics. The Plan of Service incorporates the findings of the Library's own community needs assessment and reflects the community's vision for the Library. The Library serves the residents of Walnut Creek through lifelong learning programs — such as literacy support and recreational reading activities. The senior population is served with book delivery and technology assistance programs. Career services for small business owners and job seekers include training on online business resources. Weekly technology-based English as a Second Language classes and Conversational English practice groups meet the needs of the English-learner population. The new facility would broaden and strengthen these programs. The new facility would also continue the Library's support of formal learning — a hub for homework assistance, tutoring, computer training, after school programs and college and career exploration. It would also serve as a community gathering place, providing state- of-the-art conferencing and meeting room space and a fully equipped technology lab. 83 DRAFT-- CONFIDENTIAL The technological plan for the new Library includes 70 computers for public use, a multi-purpose room wired for videoconferencing, distance education and computer training, a wired outdoor "plaza" that will provide wireless technology that will transform the plaza into usable outdoor space for Library programs and services and create a high-tech gathering place for the community. Improved technological facilities will allow the Library to provide distance services beyond the facility, with access to e-books, online databases, online readers' advisory tools and the ability to search and request circulating materials from the Contra Costa County Library online. Strategic Plan Five-Year Concert Contra Costa Community Caller e The Community College provided to the consultant the portion of its five-year strategic plan concept relating to use of the college television station (KCCC) for purposes of marketing the College (Objective 3.5). The subcommittee that worked on this objective noted that the college television station would better serve its intent by producing programming that was not only informational but professional-looking, a credit to the image of the college, newsworthy and culturally relevant. It also noted that an important factor in the marketing of the college over the station was the number of people who can get access to the channel. The five-year plan for this objective includes working with government officials and educational systems to ensure that KCCC is carried over as many cable systems as possible, web streaming, endeavoring to increase the number of cable drops around the campus, and developing video-on-demand. Position Paper, Diablo Video Arts Diablo Video Arts (DVA) provided a position paper regarding the franchise agreement between Comcast and Contra Costa County. DVA points out that Public Access television has "not fared well" in Contra Costa County, and that over the years people who have come forward to create programs were soon frustrated by the poor treatment of the cable providers. Contra Costa County lacks a local media presence, which, the document points out, renders the community invisible in an age of mass communications consolidation. 84 DRAFT=- CONFIDENTIAL DVA advocates separating the PEG channels according to each individual entity, resulting in four community channels in Contra Costa County (with digital bandwidth earmarked for future expansion): Contra Costa Television {CCTV}, Government, Education and Public Access. DVA also recommends the inclusion of funding for programs that encourage schools and educational institutions to provide media instruction. Technology education related to community media would expand the ranks of local journalists, artists, and community advocates. Finally, DVA notes PEG equipment and management needs for Contra Costa County, including the need for video storage capacity and equipment for digital playback and, eventually, multiple digital channel programming. DVA recommends that management of local PEG access be removed from the control of the cable providers and put in the hands of a nonprofit, County-wide community media organization, which would be locally based, representative of the community and a friendly, encouraging environment for creators of local television programs. 85 DRAFT-- CONFIDENTIAL F. ANALYSIS OF TESTIMONY PROVIDED AT PUBLIC HEARINGS. Transcripts of testimony given during public hearings held by the communities that belong to the Consortium were provided to and reviewed by the consultant. The following public hearing transcripts are provided in Appendix 4 to this report: • Transcript of February 1, 2000 Public Hearing, Walnut Creek • Transcript of February 15, 2000 Public Hearing, Danville • Transcript of March 6, 2000 Public Hearing, Pleasant Hill • Transcript of March 15, 2000 Public Hearing, Martinez • Transcript of April 4, 2000 Public Hearing, Contra Costa County • Transcript of April 11, 2000 Public Hearing, Concord These public hearings were conducted by the Consortium members in order to: (1) provide an opportunity for the public to make comments regarding the past performance of the cable company; (2) gather information regarding future community cable needs and interests that could be considered by the Consortium members as they proceed with the franchise renewal process; and (3) comply with the Communications Policy Act of 1064, as amended. Following are summaries of the testimony provided during these public hearings. 1. Walnut Creek Public Hearinrn (February 1, 2000) Five residents addressed the Walnut Creek City Council during the public hearing. Three of them strongly supported the establishment of an independent "community media center" that would serve the entire County. Concern was also mentioned about the cable operator's existing community access service and the poor audio quality during the cablecasts of the County Board of Supervisors meetings. One person mentioned that the cable provider should provide video and computer based training. 86 DRAFT-- CONFIDENTIAL 2. Danville Public Hearing _(February 15, 2000) Five residents appeared at this public hearing of the Danville Town Council. Issues raised by those testifying included customer service concerns (local office needed, late fees complaint, need direct payment option [from subscriber's checking account], repair problems), the need for competition, a shorter contract period, and the need to have appropriate government oversight of the franchisee's performance. Support was voiced for the creation of an 1-Net, a nonprofit group to manage PEG Access, Internet access via cable for schools, and open access to ISPs. A San Ramon Valley Unified School District representative expressed their need for a dedicated access channel and a communication network that could be met through a partnership with the cable company. Concern was raised about the inability to receive PEG Access programming that is shown on neighboring communities also served by AT&T. One speaker stated that discretionary services, including community service channels, should be based on financial feasibility to the cable operator, which should be provided a healthy business climate by the Town. 3. Pleasant Hill Public Hearing (March 6, 2000) Seven residents addressed the Pleasant Hill City Council during this public hearing. Three of these residents gave markedly similar stories about service issues with the cable signal (snow, blue lines) that were compounded by the response of AT&T's customer service and technical staff. These residents were repeatedly told by AT&T that no other similar complaints had been made, so there was nothing that could be done about their problems. However, two of these residents said they contacted neighbors who reported having the same conversation with AT&T. They also reported slow and sometimes incompetent technical responses to their outage problems. Two residents reported problems in getting connected to the AT&T "@ Home„ service, which, once connected, experienced major service degradation at peak usage hours. 87 DRAFT-- CONFIDENTIAL One resident was unhappy with the packaging of channels and expressed his desire to see the channels available in smaller package units. One resident also mentioned frustration at receiving marketing calls from AT&T. Another resident requested that franchise fees be distributed back into the community, in part by supporting the technical needs of public access channels, encouraging local organizations to utilize public access and more effectively marketing public access. Two residents expressed the opinion that competitive cable companies should be allowed to provide service in Pleasant Hill. 4. Martinez Public Hearing (March 15, 2000) Six residents addressed the Martinez City Council during the public hearing. Two speakers supported a shorter cable franchise term. Other issues included the need for a state of the art cable operation, operation of the PEG Access channels by a nonprofit organization, and the need for live coverage of City Council meetings. 5. Contra Costa Coun!y Public Hearing (April 4, 20001 Twelve County residents addressed the Contra Costa County Board of Supervisors during the public hearing. Four of them supported the formation of a nonprofit community media center that serves all of the communities in the area. Four speakers also pointed out the need for Spanish language programming, and two individuals requested PEG Access channels and programming in languages other than English. Two speakers also requested that a Latino focus group session be held as part of the community needs assessment. Other topics addressed included a desire to have local programming channels available to all communities in the area that are served by AT&T, the need for collaboration among the cable stations, and the need to ensure that all PEG Access facilities are accessible to disabled people. (AT&T's Martinez facility was mentioned specifically, since its production equipment is located on the second floor and can only be reached via stairs.) 88 DRAFT-- CONFIDENTIAL Also mentioned was a concern about the "digital divide", support for Educational Access channels, Contra Costa College's need for new production equipment and fiber to replace microwave as the College's distribution technology, and the need to increase the diversity of programming on the Public Access channel. 6. Concord Public Hearing (April 11. 2000) Six residents addressed the Concord City Council in person during the public hearing. Three individuals supported the establishment of a multi-city community media center, managed by an independent nonprofit organization. Related comments urged the City to negotiate to obtain PEG Access channels, facilities and equipment, the need for Public as well as Government Access, that the operation of a community media center should be open and encourage citizen participation, and that the cable operator has kept the availability of its Public Access facilities a secret. Other items mentioned included the need to obtain the maximum amount of Internet service from the cable providers, that more competition is needed (not only for more than one cable company but also for more than one ISP via cable), the importance of an, the need for a lifeline rate for disabled and limited income residents, that cable negotiations should be relatively open (with the City's negotiating positions and progress on the status of negotiations posted publicly), that the City should negotiate as part of a consortium, and that the cable company has used the City's rights-of-way cheaply for 15 years -- it's time for them to give something back. One person voiced strong dislike for AT&T, frustrated by service charges and alleged overcharges on the cable bills. Responding to the City of Concord's invitation, another 24 individuals submitted testimony to the public hearing via mail or e-mail. Five each mentioned that they were dissatisfied with AT&T, that the signal quality was often poor, and that other cable providers are needed. Three mentioned bad experiences with AT&T customer service personnel, and another three said that cable modem service is needed. 89 _. .__. DRAFT-- CONFIDENTIAL Two each mentioned a need for a bundled cable TV and Internet access package, complained about rates in Concord as compared to other Bay area cities, said the City should deny renewal of a cable franchise to AT&T, and reported satisfaction with AT&T's service. Other individual comments were as follows: • Open access for ISPs is needed. • City should consider a shorter franchise term. • Franchisee should provide financial support for an independent nonprofit community media center. • Need more PEG Access channels and replays of government meetings. • Local arts programming needed (not just bulletin board messages). • Need programming about local issues that are discussed by concerned citizens, not just government representatives. • Franchisee should provide an I-Net. • Reasonably happy with AT&T. • AT&T should provide refunds (not free pay-per-view or similar credits) for each day of poor signal quality. • Minimum quality level for cable modem service should be required. • Upset about streets being torn up again by another cable company. • AT&T should commit to provide true HDTV signals. • Telephone service is desired. • Too many service disruptions. • Should not need digital upgrade or buy special adapter to order pay-per-view. • FM signals needed via cable; visually impaired residents depend on it. • Local office needed. • AT&T is best cable operator in Concord in past 10 years. • City should require public services from AT&T that meet community needs. • AT&T's digital service is difficult to operate. 90 DRAFT-- CONFIDENTIAL G. PEG ACCESS FACILITIES, EQUIPMENT AND OPERATIONS. 1. Comcast's Production and Playback Facilities Equipment and Operations During the last week of January 2000, the consultant provided a "Local Programming Questionnaire" and "Video Facility Inventory" forms to the Comcast (then AT&T) local programming managers who oversee the company's production facilities in Walnut Creek, Martinez, and EI Cerrito, for them to complete and return. These documents requested important items of information, including: • Local programming staff levels • Funding and expenditures for local programming activities • Original programming statistics • Production equipment usage figures • Training services offered to the community • Individual and organizational involvement data • Promotional materials • Production facility hours of operation • Production equipment provided (make/model, condition, age) The AT&T local programming managers told the consultant that they had received and completed the questionnaire and inventory forms, and forwarded them to their superiors at AT&T for review. However, many months of subsequent efforts by the consultant and Consortium members to obtain the completed documents from AT&T were unsuccessful. The following analysis is based upon the consultant's tour of the AT&T facilities and discussions with staff on February 29 and March 2, 2000, updated by conversations with them in February 2004 to review the current status of their equipment, facilities and services. Copies of the Local Programming Questionnaire and Video Facility Inventory forms that were completed by the Government and Educational Access programmers in the County are provided in Appendix 5 to this report. Identical blank forms were provided to the AT&T staff by the consultant, but they were not completed and returned. 91 DRAFT CONFIDENTIAL a. Walnut Creek Facility (1267 Arroyo Way) In 2000, the Walnut Creek local production facility included a small (600 square feet) studio, control ream, Local Origination (L.O.) and Public Access editing rooms, tape storage, a mobile production van (which used the studio cameras), camcorders, videotape dubbing station, a small `green" room (lounge), and a playback package for Concord's Channel 25. Videotape formats included Betacam SP, %" U-Matic, S-VHS, and Hi-8. The playback equipment package for Channel 6 on the Walnut Creek cable system included a dedicated master control switcher, but VCRs from studio control and the editing systems had to be routed to it during nighttime cablecast periods (a very unorthodox arrangement). The studio heating and air conditioning system was noisy, and had to be turned off during tapings. According to Scott Hayden, manager of AT&T's Walnut Creek production facility in 2000, Public Access producers (who had to be Walnut Creek residents or working on behalf of a Walnut Creek nonprofit organization) could use two S-VHS camcorders in the field or in the studio. They could also use the Public Access video editing system. The camcorders and editing system were purchased by the City of Walnut Creek for use by its residents, managed by AT&T's staff. The studio cameras, control room equipment, and set materials (except for a black curtain) were off-limits to Public Access producers. Studio production equipment could be operated only by the cable company staff. Training of volunteers in the use of a camcorder or the editing system is conducted one-on-one. No regular training classes were offered. In 2000, AT&T's outreach and promotional effort consisted primarily of information provided on a web site. Home computer owners with an internet connection could access a variety of material about Channel 6, including brief profiles about the L.O. series programs; information about AT&T's Walnut Creek local production staff, production facility and equipment; and the rules and restrictions regarding community use of the channel and equipment. Unfortunately, the Channel 6 program schedule page was "under construction." In addition, the Channel 6 program listings were not included on AT&T's "TV Guide" channel 24, where cable subscribers could go to review current and upcoming programming information for each channel on the cable system. 92 DRAFT-- CONFIDENTIAL Mr. Hayden stated that most of the AT&T Local Origination programs made in this facility were not "produced" by the company's staff. If the staff lilted a community producer's program concept, and that person was able to develop sufficient content, the staff could choose to assign technical production staff to work with that community producer and make it an L.O. program. A community producer did not have to be a Walnut Greek resident if his/her program was selected as an L.O. project by the AT&T staff. In addition, Mr. Hayden reported that AT&T had to achieve the following "quotas" for local programming (which the consultant believes are miniscule, relative to the typical output of other local programming centers throughout the United States): • Community Access -- 36 PSA's and 30 programs (at least 15 minutes each) per year. • Local Origination -- one Dour per month. At the time of the consultant's visit in 2000, six L.O. program series were created by the AT&T staff in Walnut Creek, typically on a monthly basis. The examples shown to the consultant had very good production values. According to Mr. Hayden, no advertising for L.O. programs was sought or presented, due to a franchise agreement prohibition. In 2000, Channel 6 programming was presented from 5:00 to 10:00 PM, Monday through Thursday (a total of only 20 hours per week, including replays). The Channel 6 schedule included a mix of L.O., Public Access and City-produced programs, but most of the programming was imported (i.e., produced elsewhere). A "community bulletin board" was displayed on Channel 6 during all other time periods, with a 10-minute sequence of short videos inserted at the top of every hour. Since only one VCR was provided for these insertions, a maximum of six different 10-minute video compilations could be inserted over a given time period, unless someone was available to put a different cassette of such short videos in the VCR. Therefore, the same sequence of six 10-minute video compilations would be shown at the top of each hour during long unattended periods (e.g., weekends). 93 CRAFT-- CONFIDENTIAL In February of 2004, the consultant contacted Comcast to update the status of the Walnut Creek facility, equipment and operations. A number of changes had occurred, including the transfer of Charley Shepler (former manager of AT&T's community production facility in Martinez) to manage this facility. The Martinez production facility was closed in 2001, so the Walnut Creek facility has served the residents of both communities since that time. Some of the usable equipment from the Martinez facility was moved to the Walnut Creek.facility. Mr. Shepler reports that a small, separate control room for Public Access studio productions has been built within the existing space of the Walnut Creek facility. Public Access and L.O. productions now use the same studio and new studio cameras. Since the L.O. operation still has its dedicated studio control room, the cameras can now be directed from whichever control room is being used at the time. This unusual setup is similar to that in the EI Cerrito facility (see below). It is certainly better than the previous arrangement for Walnut Creek Public Access producers, who could not use studio cameras or control room equipment at all, but instead had to use two S-VHS camcorders in the studio to record their program from two angles, and later intercut footage from each recording to produce a finished program. The old studio cameras (which had been shared by the L.O. studio and mobile production van), are now dedicated solely for L.O. programs made with the mobile production van. Mr. Shepler also provided the following other updated information about the Walnut Creek facility, equipment and operations. • One basic studio set backdrop is now available for Public Access producers, as an option to a black curtain. • New S-VHS decks have been purchased and installed in the studio control room, master control, and the mobile production van. • Master control playback equipment has been purchased to enable one system to handle more than one channel. • Two digital storage units (each capable of storing 30 hours of programming) have been added as programming sources to the master control system, 94 _. ... DRAFT-- CONFIDENTIAL • One of the facility's noisy air conditioning systems has been replaced with a somewhat quieter unit (but some producers still prefer to turn it off during productions). • The City of Walnut Creek recently purchased two mini-DV camcorders and a nonlinear editing system to supplement the other equipment (described previously in this report) that is owned by the City and used by Public Access producers. • Training continues to be handled as reported before (no regular classes, conducted one-on-one or for a group upon request). • The previously reported web site was shut down. Public Access program schedules are still not included on the TV Guide channel. Photographs of AM's Walnut Creek production facility and equipment packages (taken in January, 2000) are provided below and on the following pages. {,.�f J 1. 1 wyb 8 J j z ( �Y rJ Photo #9: AT&T Walnut Creek Production Facility- Main Entry 95 DRAFT-- CONFIDENTIAL �CL U)th't Comm Umi{ vx ff t�Q Nf4 k k Photo #2: AT&T Walnut Creek Production Facility- "Green"Room (Lounge) o" �f `ltd w s Photo#3: AT&T Walnut Creek Production Facility- Studio 96 DRAFT-- CONFIDENTIAL JNC 3 sj e" g { Photo #4: AT&T Walnut Creek Production Facility- Studio Control Room N� 4 3 R �; Nl 5§ Photo #5: AT&T Walnut Creek Production Facility- Video flubbing System 97 DRAFT o_ CONFIDENTIAL yy ( Of UN 3 4- &v 1 � W } Photo #6: AT&T Walnut Creek Production Facility-Access Editing Room r h � Photo #7: AT&T Walnut Creek Production Facility- Camcorders (Access camcorder at right) 98 DRAFT-- CONFIDENTIAL r f� Z MSa u- .ire. . ..,.. - Photo #8: AT&T Walnut Creek Production Facility- Production Van E ' 17 1 S: 2!. y, P Photo #9: AT&T Walnut Creek Production Facility- Production Van (interior) 99 DRAFT-- CONFIDENTIAL b. Martinez Facility(700 D Street) As stated previously, AT&T provided a local production facility in Martinez until 2001, when it was closed. All of its activities were transferred to the Walnut Greek facility. Following is the consultant's review of the facility as basest on an inspection in 2000. The facility had been used as the local office and technical center of Televents, the original cable system operator in Martinez, but was used by AT&T primarily for local production activities. As stated in the "Programming & Operating Policy" document (the only written material -- copy included in Appendix 8 -- that an AT&T employee provided to the consultant), the facility served about 82,000 cable subscribers in Alamo, Blackhawk, Clyde, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco, Pleasant Hill, Rossmoor, and South Walnut Greek -- a very large service area for such a modest facility. The production equipment was located on the second floor of the facility, which had no elevator. Physically-challenged participants had no access to the second floor and many senior citizens would find it quite difficult to use the stairs on a regular basis. Six full-time staff assisted Public Access producers and created L.O. programs and spots for the AT&T system. The studio was small (about 378 square feet) with an eight-foot ceiling and makeshift lighting, which limited the kinds of productions that could be made. A control room was adjacent to the studio. Videotape formats included Betacam SP (for L.O. programs only), %", and VHS/SVHS. Studio programs primarily used the 3l" format. Also available were two video editing systems (one %" and one SVHS), two camcorders (VHS and SVHS), and a playback package for Channel 3 on the Martinez cable system. Camcorder, studio and post-production training was provided for Public Access producers upon request -- no regular training classes were offered. Unlike the situation in Walnut Creek in 2000, trained community volunteers were allowed to use the studio production equipment to make their own programs. As stated in the aforementioned "Programming & Operating Policy" document, the studio was available for community use on weekdays from 9:00AM to 5:OOPM. More experienced producers were permitted to use the facility during the evening, when minimal staff assistance was available. 100 DRAFT.._ CONFIDENTIAL It was estimated that about a dozers groups produced Public Access programs at the Martinez facility. A maximum of only three hours per month of studio or editing time was available to qualifiers applicants at no cost. Even though such a small group of people were involved in the production of Public Access programs, no one was allowed to submit more than one hour of programming (locally-produced or imported) per month for cablecast on Channel 3. The Channel 3 schedule was a blend of L.O. and Public Access programming, shown on weekdays from 4:00 to 11:00 PM. A "community bulletin board", which also displayed the upcoming week's local programming schedule, was displayed on Channel 3 daring all other time periods. Public Access programs tended to be shown on Mondays and Tuesdays. Community producers were permitted to choose the date and time to show their programs, as long as the desired time slot was available. As was the case in Walnut Creek, the AT&T staff made minimal outreach efforts, consisting primarily of notices on the Channel 3 community bulletin board. A web site had been "under construction" for many months. Once again, the Channel 3 program listings were not included on AT&T's "TV Guide" channel. Photographs of AT&T's Martinez production facility and equipment (taken in January, 2000) are provided below and on the following pages. Photo #10: AT&T Martinez Production Facility 101 ___ _. ... ........................ DRAFT-- CONFIDENTIAL t Photo #11: AT&T Martinez Production Facility- Studio (note the very low ceiling) Photo #12: AT&T Martinez Production Facility- Studio Control Room 102 DRAFT-- CONFIDENTIAL F r A 3 , s Photo #13: AT&T Martinez Production Facility-AIB-Roll Editing System Photo #94: AT&T Martinez Production Facility- Cuts-Only Editing System 103 DRAFT CONFIDENTIAL s` mw. r t#217. v§k Photo #15: AT&T Martinez Production Facility- Channel 3 Playback System t Photo #16: AT&T Martinez Production Facility- S-VHS Camcorder 104 DRAFT— CONFIDENTIAL c. El Cerrito Facility(f 0042 San Pablo Avenue) Comcast's local production facility in El Cerrito is located in the rear of a small, one-story building on a busy stretch of San Pablo Avenue. Many small retail stores line this section of the street. Curing a March 2000 on-site visit, the consultant noticed graff=iti on the left side of this building and the one adjacent and to the rear of it. The building also houses local customer service personnel, who handle the needs of walk-in customers. Michael Gabbert, manager of the El Cerrito production facility, told the consultant in 2004 that no significant changes have been made to this facility and its operations since 2000. According to Mr. Gabbert, this small production facility not only handles the Public Access needs of the residents of El Cerrito and unincorporated south Contra Costa County, but also those who live in Oakland, Richmond, Piedmont and Emeryville. The only way that such a small facility could deal with the needs of this large population would be if demand for Public Access was very low, as is the case here. In 2000, Mr. Gabbert said that his staff makes minimal outreach efforts to encourage community use of the production equipment. As was the case in Walnut Creek and Martinez, "outreach" consisted of notices on Channel 26 community bulletin board. The Channel 26 program listings are not included on the cable system's "TV Guide" channel, nor in any local printed guide. Mr. Gabbert said that community volunteers produce about four hours of programs per week, an exceptionally low output for a facility that serves such a large area. (By way of comparison, an average of about 40 hours per week of locally produced original programming was produced by community volunteers at the Public Access facility in Sacramento during 1999.) Mr. Gabbert stated that the El Cerrito production facilities are regularly available for only 20 hours per week, weekdays from 5:OOPM - 10:OOPM. Additional hours are available by appointment between 10:OOAM and 5:OOPM. Studio productions are the norm, With two 2',/-hour time blocks reserved each week night for this purpose. Since the video editing equipment is housed in the studio control room, all editing must be done during the late morning or afternoon when no regular studio programs are produced. 105 DRAFT»- CONFIDENTIAL The production facilities include a small studio with two control rooms. One control room is used by Public Access producers. The other, with more advanced equipment, is reserved for use by the Comcast staff. Both control rooms use the same three studio cameras. Each control room incorporates video editing equipment in a way that enables either studio production or editing to occur, but not simultaneously. The Public Access equipment is older and less sophisticated, with S-VHS or %" U-Matic VCRs. The L.O. package includes a digital video effects system, a DVCAM digital video recorder, a Betacam VCR, and a broadcast quality%" VCR. No field production equipment is provided. To present a Public Access program for cablecast, community volunteers must first submit a program proposal, When it is approved, the staff (equivalent to 3Y2 full- time persons) will produce any single program proposals. If a series is proposed and approved, its team of community producers is assigned a day and time production slot for 13 weeks. The first three weeps are used for training in the use of the studio. The training consists of one session per week, each session lasting three hours. Once the training is successfully completed, the remaining 10 weeks are used to produce installments of the series. Each program is typically 30 minutes long. After the initial 13-week period, the production team can apply for another 13-week slot. Mr. Gabbert said that about eight to 10 Public Access program series are in production during a normal week, The staff also is responsible for the production of Local Origination programs. Mr. Gabbert reported that about two L.O. programs are produced per month. The staff also produces City Council meetings in Vallejo, since that City's franchise has required that the cable company produce those meetings (a requirement that will end in 2004). The Channel 26 schedule is a composite of L.O., Public Access, and programming from the California Channel. The California Channel feed is shown from the time it signs on in the morning until 3:OOPM, when Channel 26 automatically switches over to L.O. and Public Access programming. As stated earlier, about four hours per week of Public Access programming is presented, along with about two hours per month of L.O. programs. According to Mr. Gabbert, no reruns are shown. The remainder of the program schedule includes imported material, infomercials and company promos. 106 DRAFT- CONFIDENTIAL Photographs of AT&T's El Cerrito production facility and equipment packages (taken in January, 2000) are provided below and on the following pages. i�mggi ipa3jir 4 ;^'hrrl dg E � M K A2 ) k•i S y p�7f 9 S ,w. max. Photo #17: AT&T Fl Cerrito Production Facility Ikd/ *t b O i ! # R Photo#18: AT&T Fl Cerrito Production Facility- Studio 107 DRAFT— CONFIDENTIAL Photo #1 A T&2 E Celt production Facility Public Access Studio Control Room �< � �y . «z w, . � .. m � y . Photo#2 AT&T E Cerrito Production Facility- Local Origination Studio C0 ro1Room 108 DRAFT-- CONFIDENTIAL X41 8 5 3q � . F, c Photos #21 & #22: AT&T El Cerrito Production Facility- Channel 26 Playback System 2. Government Production and Playback Facilities, Equ[pment and Operations a. Walnut Creek City Hail The City Council chambers in the Walnut Creek City Hall is equipped with a three-camera, remote controlled production system, designed for operation by one Comcast staff person to transmit live and record the twice-monthly City Council meetings. The company owns nearly all of the equipment in this video production system. During a conversation with Charley Shepler of Comcast in February of 2004, he said that no major equipment changes had been made here since our on-site inspection in 2000, described below. 109 DRAFT-- CONFIDENTIAL During our 2000 inspection, we noted that three cameras were housed at the back of the City Council chambers in custom-built enclosures that do an excellent job of making them as unobtrusive as possible. Camera movement noise, while audible, was not so loud that it deeded immediate attention. One camera in the center rear of the chambers is stationary with a fixed, wide angle lens setting. The other two are controllable, but in a makeshift fashion. One of the cameras has a conventional joy-stick control unit, but the other one is actually a camcorder (purchased by the City) which is operated by a hand-held infrared remote. Since the cameras are not the same make and model as the camcorder and the lenses are not standardized, a difference in the picture quality is visible from one camera shot to the next. To synchronize the cameras, they erre all genlocked to the camcorder. Clearly, this is not the typical way that a system like this is designed. bather, it appears to have been devised with the intent to keep casts to a minimum. A control equipment cabinet is located in a small room adjacent to the City Council chambers. A production switcher, monitors, audio mixer, two aging VHS VCRs, and a modulator are included in the control equipment package. In addition to the three cameras described'above, the video production switcher is fed by the output of a small video switcher in the chambers that is operated by a City staff member, who can select: (1) an Elmo document camera, (2) a notebook computer, (3) a VCR, or(4) a slide projector, when the output from any of these four City-owned sources is being displayed to the Council members and audience. City staff informed the consultant that signal quality problems for the Walnut Creep City Council meeting telecasts have been reported by some viewers. Such problems can be due to a number of reasons. In addition to those alluded to above (i.e., mismatched cameras), this could be due to improperly tuned amplifiers along a specific transmission path of the cable system (which would accentuate any signal impurities that originated with the City Council chambers equipment) or the use of old, substandard VHS recording equipment, rather than higher quality SVHS or digital format recorders. Photographs of the Walnut Creek City Council chambers production equipment (taken in January, 2000) are provided on the following pages. 110 DRAFT -- CONFIDENTIAL f9. Photo ##23: Walnut Creek City Council Chambers (two camera enclosures at top rear) 3 Photo #24: Walnut Creek City Council Chambers (close-up view of a camera enclosure) 111 DRAFT— CONFIDENTIAL : y w. Photo#25. Walnut Creek Cit Council Chamber (control equipmein cabin 112 DRAFT-- CONFIDENTIAL b. Concord City gall When it was inspected by the consultant in 2000, the Concord City Council chambers in City Hall was also equipped with a three-camera, remote controlled production system. Since then, a fourth camera has been added. In addition to live coverage of City Council meetings, the equipment in City Hall is used for live transmissions or videotape recordings of community forums, special interviews with the Mayor, a regular series produced by the Concord Police Department and community volunteers CStreet Smart"}, candidates forums, town hall meetings, in-house training videos, public service announcements, etc. In 2000, over 200 hours of locally produced, first-run programming was created by one City staff person and volunteers for telecast on cable channel 25 in Concord, which was shared with CSPAN2 at the time. A similar amount of programming is offered in 2004, now on cable channel 24 of the Comcast system, where time on the channel is currently shared with L.C . and Public Access programming (and a small amount of government meeting coverage from other communities). Comcast said that it will provide a dedicated channel for Concord Government Access in April of this year. With the addition of an overbuilder (Astound) in the City since 2000, many new resources were provided to the City's Government Access operation, including a dedicated channel (29)for it on the Astound channel lineup. Control equipment for the City Council chambers cameras is installed in a small, adjacent room. Much of the production equipment (e.g., cameras, VCRs, switcher, monitors, audio mixer) is now over 10 years old, and should be replaced in the near future. A number of new items have been purchased with funding provided under the terms of the Astound franchise agreement in the past few years, especially a digital server-based master control system. This system stores about 150 hours of programming, enabling a program schedule to be quickly prepared in advance and accurately executed. Programs are encoded directly into this system for subsequent playback, in addition to live cablecasting when appropriate. The control room has also undergone an extensive video/audio wiring upgrade, greatly enhancing its distribution capability. DVD recorders (for archival purposes) and mini- DV recorders (for non-live programs) have also been added. 113 DRAFT-- CONFIDENTIAL Another recent and very positive development is the addition of remote cameras at three community sites that are manipulated directly from the City Council chambers control room. Live telecasts -- including cultural events, high school graduation ceremonies, and public meetings -- regularly occur now from the Todos Santos Plaza, Chronicle Pavilion, and the Senior Citizen Center. The clever use of robotic cameras at each production site (all maneuvered live from the City Council chambers control roam) and a digital server-based master control system has enabled the City of Concord to continue operating its Government Access service with only one full-time staff person and a number of community volunteers. Photographs of the Concord City Council chambers production equipment (taken in January, 2000) are provided below and on the following page. Photo #26: Concord City Council Chambers („Street Smart”program rehearsal) 114 DRAFT CONFIDENTIAL s H> 5 tr 1 Photo #27, Concord City Council Chambers (ceiling mounted, remote-controlled camera) z . 077 s ' W' +v .dmf s. fx14.Y.... Photo #28 Concord City Council Chambers (control room) 115 DRAFT-- CONFIDENTIAL c. Contra Costa Television (CCTV) Contra Costa Television (CCTV) was established in 1933 by the Board of Supervisors to provide County government programming and a variety of other services in the County. Since Comcast and the other cable operator (Astound) have not assigned the same channel location to CCTV on their respective cable systems in Contra Costa County, it appears on channel 15, 19, or 27 on the Comcast systems and 32 on the Astound system. Funded primarily by franchise fee revenues, CCTV provides a full schedule of programming, program production services, production consultation and coordination, video grants to County Departments, training, and teleconference services. The County's building at 10 Douglas Drive in Martinez houses the CCTV facility, which is well-equipped with a high quality production equipment package that is worth over$5001,000. CCTV receives generous financial support through allocations from collected franchise fees and general fund revenues. Funding for operations from these two sources averaged about $650,000 annually during 1999-2000. CCTV's programs have been honored with many national and regional awards throughout its existence. CCTV's facility encompasses approximately 3,600 square feet of space. It includes a television production studio, studio control room, two editing rooms, master control for the CCTV channel, a maintenance area (at the rear of the studio space), staff offices, reception area, storage areas for set materials, videotape and supplies, etc. Most of the CCTV production equipment is about 10 years old. The studio has about 1,100 square feet of floor space, with a ceiling that slants dramatically from 20 to nine feet in height. Recent equipment upgrades include DV and mini-DV field production systems, three nonlinear editing systems, new studio cameras, DV recorders in the studio control room, and a Video Toaster integrated production suite. Master control for the CCTV channel includes six video decks and a digital video server. Recent upgrades to this system include a DV deck, more server storage capacity, and improved bulletin board software. 116 DRAFT-- CONFIDENTIAL CCN now employs seven full-time staff and about 15 independent contractors to carry out its mission. In 1999, CCTV reported that it cablecast a total of 954 hours of locally produced, first-run programming (up from 912 hours in 1998 and 864 hours in 1997, reflecting a five percent annual increase). This was supplemented by 888 hours of "imported" (produced elsewhere) first-run programs that were obtained. According to the County's 2003 Performance Report, CCTV's live studio programming increased from 267 hours in 2001 to 640 hours in 2002, local event programming increased from 564 hours in 2001 to 763 hours in 2002, and satellite-delivered programming increased from 586 hours in 2001 to 1,082 hours in 2002. CCN deserves praise for its program promotion efforts: (1) viewers can find CCN's program listings daily in the TV grid section of the Centra Costa Times; (2) the CCTV schedule (anti detailed program descriptions) are available on its web pages within the County's web site [www.co.confra-costa.ca.us]; and (3) during the portions of the daily program schedule when "CountyNet Interactive" appears, viewers can dial a phone number and access CCN program listings and other information by keypad commands that affect what is displayed on their TV screen. CCTV staff completed the Local Programming Questionnaire and Video Facility Inventory forms that were provided to them by the consultant in 2000. Copies of those items, plus a sample CCN program schedule and other supplementary materials, are provided in Appendix 5 to this report. A series of photographs that were taken in January, 2000 at the CCTV production facility are provided on the following pages. 117 DRAFT-- CONFIDENTIAL i Photo #29: CCN Production Facility-- Studio s t Ait a T Photo#30: CCN Production Facility-- Studio Control loom 118 DRAFT-- CONFIDENTIAL. ti 5 I m :k � R?r v l k Photo #31: CCTV Production Facility-- Editing Room Photo#32: CCTV Production Facility-- Maintenance Area 119 DRAFT— CONFIDENTIAL &~ � } \ Photo #J CCTV Production Facility Master(ChannControl . � . { d _ Photo#3CCT/Production Facility—Awards Display Case 12O L?fl'AFT-- CONFIDENTIAL d. Contra Code County Board of Supervisors Chambers CCN provides live audio and video coverage of the weekly County Board of Supervisors meetings. A modest equipment package is used Dere, including two small remote-controlled cameras. Control/switching/graphics equipment was recently upgraded, and is housed in a closeable rack cabinet that opens up quickly when needed for presentation of meeting coverage. At the time of the consultant's on-site review in 2000, meetings could only be recorded for subsequent playback. Since then, changes have been made to allow live cablecasts of the meetings, as well as the ability to stream audio to County employees via their intranet. Photographs (taken in January, 2000) of the video production equipment used in the County Board of Supervisors chambers are provided below and on the following page. ix Photo #35: County Board of Supervisors Chambers (two cameras mounted above at left) 121 DRAFT CONFIDEN77AL 31 y, r { t Photo ##36: County Board of Supervisors Chambers (wall mounted, remote-controlled camera) Photo #37: County Board of Supervisors Chambers control equipment(upgraded since 2000) 122 DRAFT-- CONFIDENTIAL 3. Educational Production and Playback Facilities Equipment and Operations A variety of locally originated educational telecourses are provided to Contra Costa County residents by "KCCC," the programming service of Contra Costa College. In 2000, KCCC presented about 40 hours per weep of programming (on a channel shared with The Weather Channel) to AT&T subscribers in Berkeley, Richmond, El Cerrito, Hercules and a small portion of the unincorporated area of Contra Costa County. However, AT&T did not set asidea dedicated channel for local educational programming in the areas of the County governed' by the Consortium members. Therefore, nearly all AT&T cable subscribers in this area could receive only 14 hours per week of those KCCC telecourses in 2000, by tuning in when this reduced schedule was cablecast on the CCTV channel. Since the consultant's on-site review in 2000, KCCC has obtained and installed a sophisticated program playback system that permits the presentation of telecourses 24 hours a day, seven days a week. As a result, KCCC now cablecasts around the clock on a designated channel of the Comcast systems serving Richmond, El Cerrito, Hercules and Berkeley. Unfortunately, such a channel has not been designated by Comcast for this purpose in the areas of the County governed by the Consortium members. Thus, Consortium area subscribers continue to only see KCCC programming on the CCTV channel, which has been able to slightly increase the time allotted to KCCC to 19.5 hours per week. The KCCC production and playback facility is located on the Contra Costa College campus at 2500 Mission Bell Drive in San Pablo. In 2000, it was estimated that about $300,000 worth of equipment was installed in the 2,740 square feet of space dedicated for use by KCCC. Nearly all of KCCC's financial support comes from the college, with a small amount (currently about $4,000 per year) obtained through grants. Annual funding for KCCC's operations is now down to about$75,000, about half of the amount allocated in 1999-2000. KCCC's facility includes a video production studio, studio control room, two editing rooms, master control for the KCCC channel, an office, and training/conference room. Plans are currently underway to convert one of the editing rooms to a closed captioning post- production room. 123 DRAFT-- CONFIDENTIAL Many of the items in the KCCC production equipment inventory are well over 10 yearsold, and are described as being in fair or poor condition. Two mini-DV camcorders have replaced the S VHS units that had been used in 2000. Nearly all of the outdated W format VCRs have been phased out in the past few years. There continues to be no regular studio VCR. Instead, a portable S-VHS deck is used for studio recording. The studio is small (25' x 23') and has a noisy air conditioning system. There are three studio cameras, one of which is a different model that the other two. Since there are no studio camera control units, separate video, power and intercom cables must be taped together and connected to each camera in a very awkward manner (see photo #40 below). The KCCC studio control room is wired to three classrooms and a large lecture hall on the campus, where cameras can be plugged in and live-to-tape recordings can be made of lessons in such classes as dentistry, culinary arts, and nursing. Master control for the KCCC channel includes S-VHS video decks and a digital server that is capable of storing about 120 hours of programs. The campus also has a digital video production lab, equipped with 22 computer systems that have Final Cut Pro software. Due to the funding cutbacks mentioned above, the KCCC staff has been reduced from three full-time and four part-time individuals in 2000 to the current staff of one full-time professional and one quarter-time student, along with one or two high school interns. Very few 'hours of original programs are produced, due to budget constraints. Therefore, nearly all of the KCCC program schedule is made up of telecourses that have been shown a number of times to date. KCCC staff completed the Local Programming Questionnaire and Video Facility Inventory forms that were provided by the consultant in 2000. Copies of those items, plus sample KCCC program schedules, are provided in Appendix 5 to this report. A series of photographs that were taken in January, 2000 at the KCCC production facility are provided on the following pages. 124 DRAFT-- CONFIDENTIAL Photo #38: KCCC Production Facility-- Studio > '1•`�}ttlf9 i r i �X IYY` y X11 'd e¢ Photo #39: KCCC Production Facility-- Studio Control Room 125 DRAFT CONFIDENTIAL Ak Photo#40: KCCC Production Facility-- Studio Camera (mate the awkward cabling) 126 DRAFT -- CONFIDENTIAL r �� C Photo #41: KCCC Production Facility-- Video Editing System xx k Photo #42: KCCC Production Facility-- Master{Channel) Control 127 DRAFT -- CONFIDENTIAL Photo #43: KCCC-w Contra Costa College Telecourse Lecture Hall Photo #144: KCCC-- Telecourse Lecture Haft(wall mounter{, remote-controlled camera) 128 DRAFT -- CONFIDENTIAL H. SUMMARY OF MAJOR FINDINGS The information gathered through this community needs assessment helped to identify many significant cable-related needs and interests. Definite interests have been identified through the information collected via: (1) a series of ten focus group workshops in 1999; (2) discussion and brainstorming by the 1999 workshop participants; (3) completion of questionnaires by the 1999 workshop participants; (4) discussion and brainstorming at four additional public meetings in 2004; (5) telephone surveys of Consortium franchise area residents in 1999 and 2003; (6) meetings with staff of the AT&T (now Comcast) local programming operations and staff of the Government and Educational Access operations in the Consortium franchise areas and inspections of their facilities in 2000, updated by conversations with them in 2004 to review the current status of their equipment, facilities and services; (7) a review of strategic plans, position papers, and other materials submitted by representatives of government and educational institutions; (8) examination of testimony provided at public hearings in 2000; and (9) meetings with members of area organizations who are interested in cable and telecommunication matters. It is important to note that these are current needs and interests. We believe one can reasonably assume that the communications needs of area residents, institutions, and organizations will evolve in the future as communications technologies advance. The summary that follows, while not exhaustive, is an indication of concerns that are considered to be primary in nature. 129 _ _ DRAFT -- CONFIDENTIAL General conclusions from 135 focus group questionnaire responses in 1999: + All of the focus group cable subscribers answered either "Yes" (84%) or "Maybe" (16%) when asked if they had seem or would be interested in seeing locally produced cable TV programs about Contra Costa County residents, organizations, events, schools, and government. • A very high percentage (90%) of the focus group subscriber-respondents said they had watched the Public Access channel or the "CCTV -- Contra Costa Television" channel on the AT&T cable TV service. Of this group, 40% watched more than five times and 23% had watched more than 10 times in the previous month. • Nearly all of the focus group survey respondents felt it was "Very Important" (63°I%) or "Important" (33%) to have cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools and government. • Local programming topics that focus group subscriber-respondents most often selected as ones they were "very interested" or"interested" in seeing included: Information regarding public emergencies (93%) City and County government meetings (92%) Programs about issues facing City/County government (89%) Local public safety information (88%) Courses from area colleges and universities (86%) Programs about City/County arts, history and culture (85%) • Over three-fourths (77%) of all focus group participants said they knew that the organizations they are involved with can have programs about their services and activities appear on the Public Access channel on the AT&T cable TV service. • A majority (51%) of all focus group questionnaire respondents said that they were not aware that they can learn how to make programs to show on the Public Access channel using video production equipment managed by AT&T. 130 CRAFT -- CONFIDENTIAL • 17% of all focus group participants said they had previously helped to produce a program to show on the Public Access channel. Of this group, 53% said AT&T's equipment was in "fair" or "poor" condition, half said it was "sometimes available", 27% said it was "rarely available", and over three-fourths (79%) of them said that the equipment did not meet their needs, When they were asked to rate the quality of various Public Access services provided by AT&T, most services had a significantly higher percentage of"poor/very poor"than"good/excellent' ratings. • Very high percentages of the focus group questionnaire respondents (much higher than national averages) said that they have a home computer system (92°l%), and that it is equipped with a modem (93%). • Of the very high percentages of focus group questionnaire respondents who expressed an interest in receiving one or more special services via cable (e.g., high speed Internet connection, two-way video teleconferencing), 41% said they would and 47% said they might be willing to pay an extra fee for these services. • When the focus group survey respondents were asked to indicate the types of programming they believe should be more readily available on the cable company's channel line-up, the top choices were artslcultural(71%), documentaries (68%), local news, activities, events, etc. (67%) and educational (66%). Most of those who said that other programming types should be more readily available said they would (26%) or might (55%) pay extra to receive channels devoted to such programming. • When provided a list of services which could be received through their TV or home computer, the following percentages of focus group survey respondents indicated that obtaining these services was "Important"or "Very Important"to them: 96%-Access to Library resources (card catalog, magazine articles, etc.) 95% -Access to government information (meeting agendas, services, etc.) 94%o Access to public safety Information from police/fire departments 86% -Ability to participate in interactive distance learning classes. 131 DRAFT -- CONFIDENTIAL During the brainstorming portion of the 1999 focus group sessions, participants identified the following community needs, interests, and concerns: • When asked to identify the key issues facing the community, most often mentioned were concerns relating to; Quality of Life (e.g., affordable housing, desire for community, health care, pace of life, etc.) Communication (e.g., community building and participation, reaching all elements of the community) Growth (e.g., population, economic development) .Education (e.g., growing school age population, adult education, technology training) # Government Transportation (e.g., traffic problems, congestion, poor streets) Poverty(e.g., economic disparity, welfare law changes) Diversity(e.g., population is increasingly multi-lingual/cultural, aging, etc.) Environment(e,g., land use, development, urban sprawl) Technology(e.g., keeping up with changes, universal access, etc.) * When asked about the key issues facing local government agencies, schools, community organizations, civic groups, and businesses in the next five years, most often mentioned were concerns relating to, ProvidingfReceiving Community Services Education New Technologies Communications and Public Awareness Economic Development FundinglFinancial Support 132 __ _ __ DRAFT — CONFIDENTIAL • When asked about the key challenges faced by organizations and agencies when communicating with constituencies, the leading areas identified were: inadequacy of available communications media communicating with diverse groups need for new education, skill sets lack of cooperation and collaborations cost barriers more, better managed information needed • When asked how their organization or agency could use cable or PEC Access to communicate, dozens of items and program topics were specified. Included among them: community calendars (locallregional), programming on demand, high-speed intemet access, telecommuting, video conferencing, adult education, cable radio, distance leaming, emergency preparedness training, live call-ins. • When asked what would make it easier for their organization or agency to use cable or PEG Access to communicate, the tap categories of need were: BandwidthlSystem Design (e.g., programming on demand, spectrum space provisions tied to growth, ability to do live programming, I-Net). Access ManagementlPolicies and Procedures (e.g., cooperation of governments in provision of PEG, greater flexibility regarding program length and formats, promotion of PEG Access programs, welcoming environment), Equipment and Facilities (e.g., non-profit PEG Access center serving all areas of the county, multiple locations of facilities, mobile production capability). Staff Facilitation and Promotion (e.g., better education about existing cable resources, better promotion of local programming, production assistance). Community and Customer Relations (e.g., better telephone system at cable company, collaboration between the cable operator and arts community) Funding (e.g., affordable access, funds for staff&engineering support). 133 DRAFT -- CONFIDENTIAL During the discussions at the four additional public meetings in 2004, participants identified the following community needs, interests, and concerns: • When asked about the key issues facing neighborhoods, public agencies, community organizations and schools in the next five years, most often mentioned were concerns relating to: Economic DevelopmentlJobsIFunding NeedslCost of LivinglHousing Technology, Telecommunications and Media Education lnfrastructurelTransportation Growth/Quality of LifelEnvironment CommunicationlCommunity Involvement • When asked about the key challenges faced by organizations and agencies when communicating with constituencies, the leading areas identified were: inadequacy of available communications media cost barriers * need for new education, skill sets communicating with diverse groups more, better managed infonnation needed • When asked how their organization or agency could use cable or PEG Access to communicate, dozens of items and program topics were specified. included among them: adult education, art programs, candidate forums, community calendar, crime prevention programs, disaster preparedness, distance learning, educational uses, emergency alert, health services, parent teacher communications, public healthlsafety, public service announcements, teleconferencing. 134 DRAFT — CONFIDENTIAL • When asked what wouldmake it easier for their organization or agency to use cable or PEG Access to communicate, the top categories of need were: BandwidthlSystem Design (e.g., adequate channel capacity, trigger formula for more channels, I-Net, interconnected PEG channels, live remote capability for PEG, same channel number on systems). Equipment and Facilities (e.g., community media center, state-of-the-art equipment, remote field production equipment). PEG Access Management/Policies and Procedures (e.g., accountability; consistent, clear, equitable rules and procedures for PEG access usage; scheduling guidelines that are equitable and fair). Staff Facilitation and Promotion (e.g., adequate staff to provide services, schedule for PEG in TV guide, etc.). '« Funding l Affordability (e.g., access should be low costtfree based on sliding scale). Community and Customer Relations (e.g., improved customer service rep service — local answering) • When asked to offer their other thoughts, concerns, or wishes regarding the past service provided by Comcast or future services they would like to receive from Comcast, four primary areas were identified: Regulatory Concems / Competition (e.g., compliance performance, employment policies, contract re-openers, review of operator on a regular basis, have/encourage competition). System Design Concerns (e.g., more tiers with choice of channels, availability of high definition television, maintenance of field amplification equipment). Customer Service Concerns (e.g., local contact for citizens with Comcast, better customer service training). PEG Concerns (e.g., get as much for PEG access as passible into contract, lack of access time at Comcast facilities). 135 DRAFT -- CONFIDENTIAL The primary findings of the 1959 and 2003 telephone surveys are as follows: « All of the surveys showed that, in general, cable subscribers are satisfied with the quality of the picture arra sound and indicate that the company is providing bilis that are accurate and easy to understand Very large majorities rated these areas of service as "good" or "very good." However, only about half gave "good" or "very good" ratings to the overall value of the cable TV service. • Nearly identical data was gathered in all of the surveys regarding the respondents' recollection of the cable company's telephone response time. In the 1995 survey, of these subscriber-respondents who had telephoned the cable company in the last year and were put on hold, 65.3% felt that they were on hold for one minute or longer. Only 4% indicated they were on hold for less than 30 seconds. In the 2003 telephone surveys, 63.4% of the subscriber-respondents in Contra Costa County and 61.4% of those in Walnut Creek and Concord who had telephoned the cable company in the last year and were put on hold felt that they were on hold for one minute or more, with about 15% of each group reporting that they were on hold for less than 30 seconds. Since FCC minimum customer service standards require telephone calls to be answered by the cable operator in 30 seconds or less (90% of the time, under normal operating conditions, measured quarterly), and such small percentages of the respondents to all three of the telephone surveys said they were on hold for less than 30 seconds, further investigation of this matter is warranted. • The 1999 and 2003 surveys found that high (and growing) percentages of the homes in Contra Costa County have a computer that is used to access the Internet: 60.6% of those in the 1999 survey and 67.7% of those in the 2003 survey of County residents. The 20103 survey also revealed that 28.4% of the respondents in the County-wide survey (26.1% of those in the Walnut Creek / Concord survey) subscribe to Comcast's high-speed internet service, which was introduced after the 1999 survey was conducted. About 80% of the respondents who subscribe to Comcast's high-speed internet service rate it as "good" or "very good." Of those who do not subscribe to it, the most commonly given reason (stated by about 40% of the high-speed internet non-subscribers) was that it was too expensive. 136 DRAFT -- CONFIDENTIAL, Cather primary findings of the 1999 telephone survey included the following: * About six out of 10 (58.7%) of all subscriber-respondents reported that they had watched Contra Costa Television (CCTV). Of those who had watched CCTV, a similar percentage (58.2%) said they tuned in at least monthly. • More than two-thirds (68.7%) of subscriber-respondents said it is either "important" or"very important" to have local cable channels that feature programs about local residents, organizations, events, schools and government. When they were asked how much of their monthly cable bill should go to support such programming, the average of all responses was $1.08. * Well over half of all respondents to the 1999 survey, when asked about the importance of receiving several different types of government and community information and services through the cable system, rated all six services tested as "important" or "very important." Access to public safety information was rated as "important" or "very important" by about three-fourths (74.8%) of the respondents. This was followed by access from home to library resources, access from home to government information and the ability to vote, renew your driver's license or obtain permits, which were all rated as "important" or "very important" by about two-thirds of the respondents. • When asked about receiving several different commercial services, well over half (57.2%) rated a high speed Internet connection as "important" or "very important." gess than four out of 10 (37.2%) rated movies on demand as "important" or "very important" and more than three out of 10 (31.5%) rated telephone service as "important" or "very important." Almost three out of 10 (28.9%) of those respondents who said that these services were important or very important said they were willing to pay extra to receive them. • The 2003 telephone surveys included the following other primary findings: 47% of the subscriber-respondents in the County-wide survey (48% of those in the Walnut Creek C Concord survey) said they had watched CCTV. Of those who have watched CCTV, 40.1% of the County-wide survey respondents (46.2% of these in the Walnut Creek l Concord survey) said they tuned in at least monthly. 137 DRAFT -- CONFIDENTIAL * In both 2003 surveys, more than two-thirds of subscriber-respondents believe it is either "important" or "very important" to have local cable channels that feature programs about Contra Costa County residents, organizations, events, schools and govemment. When they were asked how much of their monthly cable bill should go to support such programming, the average of all responses was $.81 in the County-wide survey and $18 in the Walnut Creek/Concord survey. In both 2003 surveys, when asked about the importance of receiving several different types of interactive government and community information and services through the cable system, respondents rated "access to public safety information" highest (about two-thirds said this service was "important" or "very important"). The ability to have access from home to government information was rated as "important" or "very important" by over half of these respondents. * In both 2003 surveys, when asked about receiving several different commercial services, over one-fourth of the respondents rated movies on demand as "important" or "very important." Video teleconferencing and telephone service were both rated as "important" or "very important" by about 20% of the respondents. Of those who believe these services to be important or very important, almost three out of 10 are now willing to pay extra to receive them. 138 DRAFT -- CONFIDENTIAL The fallowing key findings are based upon a review of public hearing transcripts (from a Contra Costa Board of Supervisors meeting and the Walnut Creek, Danville, Martinez, and Concord City Council meetings), strategic plans, technology plans, position papers and other materials: The most frequent subject of commentary by the residents who spoke at the five public hearings was support for the enhancement of PEG Access in the area, including the need for a Community Media Center managed by an independent nonprofit organization that would serve the entire County. Many people expressed dissatisfaction with AT&T, and specifically mentioned concern about the company's customer service practices, poor management of PEG Access, signal quality problems, the need for AT&T to have a local office, and that the local rates are higher than other communities in the Bay Area. Others who testified said they were satisfied with AT&T (brat not as many as those expressing dissatisfaction). Cather items mentioned by multiple speakers included: (1) the need for competition to AT&T; (2) a shorter franchise term; (3) support for the development of an I-Net; (4) Internet/cable modern service needed; (6) open access to Internet; (6) the need for Spanish language programming channels; (7) PEG Access channels and programs in languages other than English; and (8) the need to have a Latino focus group session conducted as part of the needs assessment. • The Mt. Diablo Unified School District's "Technology, Information and Communications Flan" includes many elements that could easily be accomplished or linked through an institutional cable network. The District understands the impact of technology in education, plans to integrate technology literacy into instruction, and wants to create partnerships with business. • The County's 1996 strategy paper regarding Information Technology anticipates using IT to improve service delivery and internal operations, promote cooperation, increase efficiency, and ensure the availability of information for decision making. Key elements could be accomplished through a cable system I-Net. • The Contra Costa County Library's Technology Plan includes a need to upgrade the library's Internet bandwidth and the number of links between branch libraries, while making the countywide, Wide Area Network accessible to all staff, Much of this could be accomplished through a cable system institutional network. 139 DRAFT -- CONFIDENTIAL �► The Contra Costa College strategic plan stresses providing instruction "that is innovative and meets the needs of students." Two key concerns: (1) continued and increased provision of educational channel capacity on the cable system; and (2) construction of an interconnected cable system that allows the college to reach its service populations who are located in a number of different cable franchises. • The Contra Costa College instructional technology plan lists a number of goals that could be aided by the design and support of the subscriber and institutional networks of the cable communications system. The college's plan specifies budget needs for lecture room multi-media presentation systems, distance learning rooms, computer labs, audio/visual technology, training and staff support. • In its instructional technology plan, the San Ramon School District's Technology Task Force sets forth goals and objectives for using communication technology as a means to enable people to pursue education more effectively, creatively and differently. The plan identifies a number of needs that could be met through the use of a modem cable system. • A recent survey of Concord residents reported many findings that relate to cable communications. Cable regulation is a City service with which respondents are least satisfied. Respondents recommend that the City communicate more with citizens and get them more involved in civic affairs. Nearly half had viewed a City Council meeting on cable TV. The City's "Street Smart" cable programs is praised as an effective way to teach people to prevent crime. Programs that highlight different city services and stories of community interest are desirable. • The Walnut Heights Elementary School "Technical Use Plan" includes goals to provide "an environment in which technology is used as a tool to improve student learning and support the educational process." These goals could be aided by the design and support of the cable communications system. • Due to the fact that CCTV's government programming has expanded in recent years, leaving less and less time available for educational programming on that channel, the Contra Costa Educational Television Consortium advocates the establishment of a new county-wide educational channel, to be managed by a consortium of educational users. CCETC requests funding to support its operation through a-25¢ per subscriber per month fee collected by area cable companies. 140 DRAFT -- CONFIDENTIAL « CCETC provided a report, Distance Education in Contra Costa County, which details the need to support distance education in the County, and how the consortium feels that support should be provided. It concludes that additional bandwidth is needed for educational purposes, an I-Net to connect community institutions to each other is needed, facilities and equipment to produce and distribute high quality programs are needed, and that support for operational and maintenance needs should be addressed, possibly through an arrangement with a non-profit organization established to manage the PEG Access channels. « A survey of Contra Costa and Alameda County residents, conducted for CSU- Hayward°s CableNet TV (in Alameda County) and Contra Costa Television found that awareness of these channels was at about fifty percent in their respective counties. Nearly all residents who were aware of the channels watched them "at least occasionally." Respondents were interested in seeing local news programs, family programs and programs about science and technology in the future. Most of the respondents said they were willing to pay at least 10 cents extra on their monthly cable bill for an additional government and educational access channel. « A decade's worth of research resulted in the City of Walnut Creek's "Community Library Needs Assessment Report," which found a very high level of support for a new, state-of-the art library facility. As a result, a "Plan of Service"was prepared that included a proposal for a library in downtown Walnut Creek that is more than four times larger than the existing facility. The new facility would broaden and strengthen existing programs and serve as a community gathering place, providing state-of-the-art conferencing and meeting room space and a fully equipped technology lab. « The five-year strategic plan of Contra Costa Community College noted that the college television station would better serve its intent by producing programming that was not only informational but professional-looking. It also noted that the number of people who can get access to the channel was very important. The five- year plan includes working with government officials and educational systems to ensure that KCCC is carried over as many cable systems as possible, web streaming, increasing the number of cable drops around the campus, and developing video-on-demand. 141 DRAFT -- CONFIDENTIAL The, primary findings regarding the facilities, equipment and operations that provide local programming to the franchise areas overseen by the Consortium members are as follows, • In 2000, AT&T did not provide completed copies of the "Local Programming Questionnaire" and "Video Facility Inventory" forms as requested. These items would have greatly aided the consultant's analysis, which instead is solely based upon an onsite tour of these facilities and discussions with the managers. • The cable company's Walnut Creek local production facility is small, equipped with Betacam SP, %" U-Matic, S-VHS, and Hi-8 video recording systems. Since the Martinez facility was closed in 2001, this facility must now serve residents of bath cities. Separate Public Access and L.O. control roams are connected to the cameras in a shared studio. Public Access producers may use camcorders and editing gear that were purchased by the City of Walnut Creek for use by its residents. Training of volunteers in the use of a camcorder or the editing system is conducted one-on-one. No regular training classes are offered. A minimal outreach and promotional effort that had consisted primarily of information provided on a web site was discontinued by Comcast. Channel 6 upcoming program listings are not included on a web site or the cable system's "TV Guide" channel. • The El Cerrito local production facility is located in the rear of a small building on a busy stretch of San Pablo Avenue. This facility must handle the Public Access needs of the residents of El Cerrito, unincorporated south Contra Costa County, Oakland, Richmond, Piedmont and Emeryville. Staff makes minimal outreach efforts. Since the video editing equipment is housed in the studio control room, all editing must be done during the late morning or afternoon when no regular studio programs are produced. No field production equipment is provided. Channel 26 (program listings are not included on Comcast's "TV Guide" channel, nor in any local printed guide. About four hours per week of Public Access programming is presented, along with about two hours per month of L.O. programs. The program schedule is shared with The California Channel, imported material, infomercials and company promos. The production and presentation of only about four hours per week of Public Access programming is exceptionally low for a facility that is supposed to serve such a large population area. 142 DRAFT -- CONFIDENTIAL • The City Council chambers in the Walnut Creek City Hall is equipped with a three- camera, remote controlled production system for the live transmission and videotape recording of City Council meetings. The three cameras are housed in unobtrusive, custom-built enclosures. One camera has a fixed, wide-angle view and the other two are controllable, but in a makeshift fashion. Since the cameras are not the same make and model and the lenses are not standardized, a difference in the picture duality is visible from one camera shot to the next. This system appears to have been devised with the intent to keep costs to a minimum. City staff noted that signal quality problems for the Walnut Creek City Council meeting telecasts have been reported by some viewers. • The Concord City Council chambers has a four-camera, remote controlled production system that is used for the live transmission of City Council meetings, tape recordings of community forums, interview programs, the "Street Smart„ series, candidates forums, and more. Over 200 hours of locally produced, first-run programming is presented on cable channel 24, which is shared with other local programming. With the addition of an overbuilder (Astound), many new resources were provided to the City, including: (1) a dedicated channel on the Astound channel lineup; (2) a digital server-based master control system; (3) an extensive video/audio wiring upgrade of the control room; (4) CVC? and mini-DV recorders; and (5) remote cameras at three community sites that are manipulated live from the City Council chambers control room. • Contra Costar Television (CCTV) provides County government and educational programming and other services in the County. CCTV appears on channel 15 19, or 27 on the Comcast systems and 32 on the Astound system. CCTV is funded primarily by allocations from collected franchise fees and general fund revenues. CCTV's programs have received many national and regional awards. CCTV has high quality production equipment, and recently added such items as DV and mini- DV field and studio recording systems, nonlinear editing systems, new studio cameras, and a Video Toaster system. CCTV also provides live coverage of the County Board of Supervisors meetings, using a modest equipment package. CCTV presents a very impressive amount of first-run programming and, in contrast to the Comcast-managedlocal channels, actively promotes its program schedule in a number of ways. 143 DRAFT -- CONFIDENTIAL • Contra Costa College now provides locally originated educational programming via its "KCCC" channel, 24 hours a day, seven days a week. However, nearly all of the Comcast subscribers who live in the franchise areas that are overseen by the Consortium members receive only a small fraction of this programming _r the 19.5 hours per week of KCCC telecourses that are cablecast on CCTV's channel. Annual funding for KCCC's operations is now down to about $75,000, about half of the amount allocated in 1999-2000. Many of the items in the KCCC production equipment inventory are well over 10 years old, in fair or poor condition. The KCCC studio control room is wired to three classrooms and a large lecture hail on the campus, to facilitate the production of telecourses. Master control includes S VHS video decks and a digital server that can store about 120 hours of programs. The KCCC staff has been reduced to only one full-time professional and one quarter-time student, plus high school interns. Very few hours of original programs are produced, due to budget constraints. Therefore, nearly all of the KCCC program schedule is made up of telecourses that have been shown a number of times to date. 144 DRAFT -- CONFIDENTIAL III. RECOMMENDATIONS REGARDING COMMUNITY CABLE-RELATED NEEDS AND INTERESTS A. INTRODUCTION The community needs assessment conducted by The Busks Group provides a wealth of information about the currant and future community cable-related needs and interests of residents in the franchise areas overseen by the Consortium members. The feedbackprovided by the participants in the Consortium's multi-faceted analysis -- including focus group discussions and questionnaire responses, public meetings, telephone surveys, public hearing testimony, strategic plans, position papers and other materials -- indicate significant support for a modern telecommunications network in Contra Costa County. Such a network can help to meet the needs of the citizens of this area as they confront the challenges of life in the 21st century. Based upon the information and findings presented in this report, the consultant has: developed a series of recommendations for the Consortium members to consider as they prepare for cable franchise renewal negotiations. These recommendations address the following concerns: (1) Gable Plant and Headends (2) Subscriber Services and Customer Satisfaction, and (3) PEC Access. These recommendations should apply equally to any cable company that operates a cable system within the Consortium franchise areas. B. GABLE PLANT AND HEADEND Many of the shortcomings of the Comcast cable system that were mentioned by participants in the telephone surveys, focus group and public meeting discussions, and public hearings could be remedied by upgrading the cable plant and headend. The following recommendations are based upon the information and materials gathered during the needs assessment process: 145 DRAFT -- CONFIDENTIAL 1. The cable plant and headend should be upgraded area:wide to 860 MHz or more (two-way activated), utilizing optical fiber or other equivalent technology in order to improve picture quality and provide new enhanced cable services such as high-speed data networking and telecommuting and teleconferencing capabilities to all residential cable subscribers, local businesses, local government agencies and educational institutions located in the Consortium franchise areas. 2. The cable system architecture should provide fiber to the neighborhood node, with 600 or fewer subscribers served from any node. 3. The cable system should include features typically included in state-of- the-art systems. The franchise documents should include reasonable standards for further upgrades during the franchise term. 4. The cable system upgrade should include spectrum set aside as an Institutional Network (`°I-Net"). The I-Net should include spectrum and any necessary equipment at the headend and node locations to permit video, voice, and data to be originated and received on a point-to-point and point-to-multi-point basis at the following locations In the Consortium franchise areas: (a) City and County government and affiliated nonprofit facilities; (b) K-12 public schools; (c) higher education facil CRAFT -- CONFIDENTIAL 6. The participants in the community focus group sessions in 1999, the public meetings in 2004, and all three telephone surveys expressed a strong interest in local programming and communication to facilitate community building and community integration. Additional live origination points should be installed at locations from which live programming would likely occur (e.g., performing arts centers, sporting event sites, parade route streets, etc.). This functionality could be provide through use of an I-Not, as recommended above. 7. The cable operator should provide one free cable drop, basic service (Including all PEG channels and all educational, public affairs, and news programming services), cable modem service, and all necessary equipment (converter, modem, etc.) to the following locations in the Consortium franchise areas: (a) City and County government facilities; (b) K-12 public schools; (c) higher education facilities, (d) public library facilities; and (e) PEG Access origination sites. The management entity at there Iodations must be allowed to extend their drops to provide service to other points, at their cost, without additional service fees. 8. The upgraded, two-way interactive cable network should be Interconnected with that of all cable communication service providers in the Consortium franchise areas and with other contiguous cable systems. The interconnected capabilities should be two-way activated and include the ability to send and receive PEG Access and l-Net programming and information between the affected cable systems. This interconnect should utilize optical fiber or equivalent technology in order to assure the highest quality signal possible. Unless technically impossible, each PEG Access programming service should be located on the same channel number of the interconnected cable systems, to make it much easier to promote such programming to cable subscribers. A standard channel number placement for PEG Access channels would be a very significant improvement over the current situation where, for example, Comcast has placed the CCTV signal on channel 15, 19, or 27 on its area systems, and CCTV is on yet another channel (32) on the Astound system. 147 DRAFT .- CONFIDENTIAL C. SUBSCRIBER SERVICES AND CUSTOMER SATISFACTION The participants in the focus group sessions and telephone surveys were asked questions about the types of current and new services that were of interest to them. In addition, they were asked a series of questions regarding the customer service practices of AT&T/Comcast, Based on their responses, the following recommendations are offered: 1. The cable operator should offer a variety of interactive services to bath residential and business customers that include, but are not limited to, movies on demand and telecommuting capability, including tyro-way video. As discussed previously, the information gathered through the needs assessment process clearly supports the need for a cable system that offers a variety of interactive services to its customers. Over two-thirds (67;7966) of the 2003 telephone survey of County residents said that they had a computer in their home that is used to access the Internet, In addition, 92% of the focus group questionnaire respondents in 1999 indicated that they had a home computer, and 93% of those were connected to the Internet. Responses to the telephone surveys and the focus group questionnaire revealed a significant amount of interest in a number of new cable-delivered services. 2. The cable operator should make adequate PEG Access spectrum availableon the subscriber network. Additional spectrum/channels should be available',for future PEG Access purposes. All PEG Access channel capacity/spectrum should be provided free of charge. Having cable N channels that feature programs about Centra Costa County residents, organizations, events, schools and government was ranked as either "very important" or "important" by nearly all (96%) of the 1999 focus group questionnaire respondents. A very high percentage (90%) said they had previously watched the Public Access channel or the CCN channel. Of this group, 40% had watched more than five times and 23% had watched more than 10 times in the previous month. 148 DRAFT -- CONFIDENTIAL In all three of the telephone surveys conducted in 1999 and 2003, over two- thirds of the respondents agreed about the importance of such local channels on the cable system. Furthermore, there is a demonstrated need for additional channel space right now to carry telecourses from Contra Costa College and CSU-Hayward. KCCC, which originates educational programming from Contra Costa College, currently transmits telecourses around the clock, but only 19.5 hours per week of these programs are cablecast on the Comcast cable system in the Consortium franchise areas. 3. Adequate Institutional Network (I-Net) spectrum (plus necessary headendand plant equipment) should be provided by the cable company to government agencies, schools and libraries in the Consortium franchise areas. These I-Net connections would enable cable subscribers to receive a variety of community and public services. Over half of the respondents to the 1999 and 2003 telephone surveys said that receiving such services as access to public safety and other government information was either"very important" or"important". 4. The Consortium members should adopt and enforce customer service standards that meet or exceed the minimum obligations established by the Federal Communications Commission (FCC). Special attention should be given to the issue of telephone response time by the cable operator. Of the respondents to the 1999 and 2003 telephone surveys who said they were placed "on hold" when they last called the cable company, very small percentages reported that they were kept on hold for less than 30 seconds. The FCC's customer service standards state as follows: "Under normal operating conditions, telephone answer time by a customer'representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call creeds to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no Jess than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis." The responses to this question during the telephone surveys justify further investigation of this matter. 149 DRAFT -- CONFIDENTIAL D. PEG ACCESS 1. Overview A wealth of information regarding potential PEG Access uses of the cable systems was gathered during the focus group sessions in 1999 (bath through brainstorming and answers to the questionnaire), the public meetings in 2004, the consultant's on-site visits and follow-up contacts with the managers of the local programming facilities in the Consortium franchise areas, the telephone surveys, and input received via public hearing testimony and various documents that were submitted to the Consortium members. This Community Needs Assessment report finds very strong support for the provision of Public, Educational, and Government Access channels/spectrum and resources. We have considered PEG Access needs and interests for the Consortium in light of: a. the current level and condition of local programming facilities, equipment, and services to area residents, b. the significant level of support documented for PEG Access; c. the size and unique nature of the area governed by the Consortium members; and d. the cost of providing PEG Access services, facilities and equipment. 2. PEG Access Nlan„anement Entities The two existing government Access operations within the Consortium franchise arenas -- under the highly skilled direction of CCTV and the City of Concord -- should be left intact, and should also receive funding to support and enhance their facilities,',equipment and operations during the next franchise term. 150 DRAFT -- CONFIDENTIAL Based upon input received during the needs assessment process and the experience of other communities across the country, the Consortium members should seriously consider the establishment of an independent nonprofit access management organization whose primary function would be to operate community media facilities and provide services associated with the use of the Public Access channels, equipment, and facilities by residents of the Consortium franchise areas. In addition, the nonprofit access management organizatio would rovide assistance to educational organizations and cities who request such assistance in the creation and playback of programming. Clearly, the lackluster effort of the cable company in this area has resulted in an anemic Public Access track record, which pales in comparison with the activities now underway in many other northern California communities. The responsibilities of this nonprofit access management organization could also include: (1) providing support for operational and maintenance needs of KCCC and other Educational Access programming providers; and (2) providing staff to operate the remote controlled', production system to transmit live and record the City Council meetings in Walnut Creep (arid other cities within the consortium -- excluding the City of Concord, which already has an effective operation in place -- if they elect to add such a service in the future), unless those cities would prefer to engage another entity (e.g., CCTV) to provide that service. The Consortium members can learn from the experiences of other communities to create a multi-faceted and cooperative PEG Access management structure and approach that would: • include a "Community Media Center," designed and equipped to provide the quantity and quality of community production and programming services which area residents, organizations, educational institutions, and other entities should receive; • effectively establish collaborative activities between public agencies, educational institutions, community organizations, and residents; • undertake ongoing community outreach, training and promotional activities as vital aspects of its responsibilities; 151 DRAFT -- CONFIDENTIAL • deliver the types of local video and multi-media programming and information that citizens (through the telephone surveys, focus group sessions and public meetings) have indicated they would like to receive; • adapt to future changes in the number of companies that offer multi-channel programming services in the Consortium franchise areas by ensuring that PEG Access facilities, services and programming are available to all public agencies, educational institutions, community organizations, and residents, no matter which company (or companies) provide service in their area; and • seek funds from granting agencies for special programs and projects. Comcast currently provides small local programming facilities in Walnut Creek and El Cerrito to serve the Consortium franchise areas. As described earlier in this report, each of these very under-promoted facilities has a limited amount of outdated production equipment and restrictive rules to govern their use by area residents and organizations. Therefore, it is not surprising that few individuals and organizations have ever used these potentially valuable resources. The PEG Access related needs and interests of the residents and subscribers in the Consortium franchise areas have been verified by the information presented in this Community Needs Assessment Report. The minuscule level of community involvement in PEG Access to date is most likely due to Comcast's clear lack of interest in developing this service to its full potential. As this Community Needs Assessment report has presented in greater detail, there are a number of concerns about the current local programming facilities, equipment, and operations in the Consortium franchise areas. Those shortcomings include, but are not limited to the following: • Neither of the Comcast local programming facilities offers a regular schedule of training classes that residents can enroll in. • Comcast's outreach and promotional effort can generously be described as "minimal". The program listings for each Comcast channel that originates from an Comcast local programming facility are not included on that cable system's "TV Guide" channel, the interactive programming guide (IPG) available to digital tier subscribers, a web site, or any printed guide. 152 DRAFT -- CONFIDENTIAL • Each Comcast local programming facility has a limited amount of outdated production equipment, and serious restrictions on the use of these items. • The production equipment in the Walnut Creek City Council chambers includes mismatched cameras and lenses, resulting in a noticeable difference in picture quality from one camera shot to the next. • Some production equipment items in the Concord City Council chambers package are now over 10 years old, and will need to be replaced soon. • The County Board of Supervisors chambers is outfitted with a very modest equipment package, which includes two small remote-controlled cameras. • The vast majority of Comcast's subscribers who reside in the Consortium franchise areas receive only 19.5 of the 168 hours per week of locally originated educational programming provided by Contra Costa College. Most of the items in the College's production equipment inventory are over 10 years old, in fair or poor condition. Very few hours of original programs have been produced by the College in recent years due to budget constraints. The subscriber-respondents to the 1999 and 2003 telephone surveys, the 1999 focus group and 2004 public meeting participants, and those who testified at five public hearings in 20100 said that they are very interested in PEC Access programming. A very high percentage (90%) of the focus group subscriber-respondents indicated they had watched the local programming channels, participants in the public meetings offered many local programming ideas and described a number of concerns they had about the existing oversight of Public Access by Comcast, and extensive testimony regarding the importance of these resources was provided at the public hearings. Many communities have established independent nonprofit organizations to manage one or more aspects of PEC Access. Such an organization receives funding and other resources from the cable operator under certain terms and conditions of the franchise, and often receives funding or in-kind services (such as a rent-free space for production facilities) from the cable franchising authority and/or area school district. Representatives of government entities, and educational institutions, community organizations, Public Access producers, and cable subscribers typically serve as members of its board of directors. 153 DRAFT •- CONFIDENTIAL The concept of having an independent nonprofit organization manage Public Access in the Consortium franchise areas was supported through input received during the focus group sessions in 1999 and the public meetings in 2004, and recurrent testimony at the five public hearings in 2000. It may be the most desirable solution to the need to re-structure the delivery of local programming services, given the many obvious shortcomings of Comcast's local programming operations. Under the present management structure, the Consortium franchise areas receive very limited Public Access and no Educational Access services from Comcast. In addition to a channel allocated for Contra Costa Television, only Walnut Creek receives direct Government Access services from Comcast, in the farm of its one-person production of the live telecasts and videotape recording of the twice-monthly City Council meetings. Therefore, the Consortium members and cable subscribers would be well served by a fresh, creative look at the Community Media Center model. if appropriate resources are allocated for a Community Media Center management structure (overseen by a Board of Directors with broad community representation) that breathes life into Public Access operations and provides appropriate Educational and Government Access support services where such assistance is needed, the effectiveness of all PEG Access resources can be maximized and enhanced. For over thirty years, Public, Educational, and Government Access channels have operated on cable systems in communities of all sizes. A variety of models have been developed throughout the United States to manage Access channels and the associated equipment and facilities necessary to deliver Access services. A sample list of communities where one or more aspects of PEG Access are managed by a nonprofit organization, and the types of Access managed, is provided below and on the next page. • Monterey, California (PEG) • Santa Rosa, California (PEG) • Gilroy/Hollister/San .Tuan Bautista, California (PEG) • Mountain View, California (PG) • Palo Alto, California (PEG) 154 DRAFT -- CONFIDENTIAL Examples of Nonprofit Access Management Organizations (continued) • Napa, California (PEG) • Ventura, California (PEG) • Sacramento, California (P) • Santa Cruz, California (PEG) • Berkeley, California (PEG) • Davis, California (P) • Petaluma, California (PEG) • Beaverton (and a group of cities in Washington County), Oregon (PEG) • Gresham (and a group of cities in Multnomah County), Oregon (PEG) • Portland, Oregon (PEG) • Reno, Sparks, and Washoe County, Nevada (PEG) • Kalamazoo, Michigan (PEG) • Grand Rapids, Michigan (PE) • Chicago, Illinois (P) • Evanston, Illinois (PEG) Cincinnati, OH (PE) • White Bear Lake (and a group of cities near Minneapolis), Minnesota (PE) • Salina, Kansas (PEG) • Atlanta, Georgia (P) • Enid, Oklahoma (PEG) • Tucson, Arizona (P) • Waltham, Massachusetts (PE) • Malden, Massachusetts (PEG) • Austin, Texas (P) 155 CRAFT -- CONFIDENTIAL There are many advantages to the nonprofit corporation model for Access management, including: • Highly successful demonstrated track record in other communities. • Longevity of Access management experience (often 20-25 years). • Provides a community-based approach to decision making. + Operations and programming efforts respond to community needs. • Primary purpose of the independent nonprofit Access management organization is to assure that Access is successful. + More accountability to the community. • Insulates the government and the cable company with respect to program content and liability. (This insulation has proven to be valuable to both the local government and cable company in many communities.) * Allows government to have accountability function regarding Public Access rather than control over content of Public Access programs. • Board of Directors of the independent nonprofit Access management organization should be representative of the community. • Nonprofit status and the combined Access approach opens up more potential sources of funding for special activities and projects. After taking into account all of these factors, the Consortium members should seriously consider the establishment of a community-based nonprofit access management organization. In addition, all cable franchises issued in the future should include provisions that: a. specify requirements to fund and provide in-kind resources and support for an independent nonprofit access management organization that would make its services and resources available to all residents, without regard to their chosen cable or other multi-channel programming service provider (if any), and 156 _. _. _ _ _ __ DRAFT -- CONFIDENTIAL b. mandate that all areas governed by the Consortium members shall receive PEG Access programming via interconnection of all cable and OVS operators. 3. PEG Access Channel/Spectrum Capacity A large amount of information relating to public, educational, and government uses of the cable systems was gathered during the focus group sessions (both through brainstorming and questionnaire responses) and through the consultant's on-site visits to the local programming facilities in the Consortium franchise areas, the telephone survey, and input received via public hearing testimony and documents that were submitted to the Consortium members. The following recommendations are based upon the information gathered: a. Upon completion of the cable system rebuild/upgrade, the cable operator must provide a minimum of six (6) analog channels on the Basic Titer for PEG Access purposes: one (1) channel for Countywide Government Access via Contra Costa Television; one (1) government Access channel for each City in the Consortium �:i:;to use within their franchise area; one (1) Higher Educational Access channel for Contra Costa College -- KCCC; one (1) Higher Educational Access channel for CSU-Hayward; one (1) K-12 Educational Access channel; and one (1) Public Access channel. b. Up to eight percent (8%) of total cable system spectrum must be available for future PEG Access purposes on the subscriber network. To activate any portion of this additional channel capacity, the Consortium would request such an activation by the cable operator, in accordance with a "tagger" provision to be included in a franchise agreement. The cable operator would have 120 days to make the requested additional channel capacity available. PEG Access channel capacity should be provided as bandwidth, rather than a number of channels. The Consortium should be able to activate digital or analog PEG Access channels. Analog channels should be available to all subscribers, digital channels should be available to any subscriber who receives any digital service. The quality of each PEG Access channel should be comparable to that of commercial channels provided by the Franchisee. 157 DRAFT -- CONFIDENTIAL c. All PEG Access channels/spectrum must be provided free of charge to the PEG Access management entities and users. d. PEG Access capacity must be converted to digital when the Basic Tier is converted to a digital format. The cost of digital conversion of PEG Access spectrum must be the responsibility of the cable operator. e. Other recommendations related to PEG Access channels/spectrum concerns were provided previously in the "Cable Plant and Headend" section of this chapter of the needs assessment. (See items 4 - 8 of that section.) 4. PEG Access Facilities and Equipment The following recommendations are based upon the information gathered during the focus group sessions in 1959 (both through brainstorming and answers to the questionnaire), the public meetings in 2004, the consultant's on-site visits and follow-up contacts with the managers of the local programming facilities in the Consortium franchise areas, telephone survey responses, input received via public hearing testimony, various documents that were submitted to the Consortium members, and the consultant's experience and knowledge of PEG Access facilities, equipment, services, operations, and management in numerous other communities across the United States. Comcast's local programming operations are not adequate to meet the current and future identified community needs and interests for a wide range of Public Access services and support for Government and Educational Access. Given the strong interest in and suitability of a Community Media Center (which can provide appropriate production and programming equipment and services and house staff members) and the physical size of the Consortium franchise areas, the following recommendations are offered. 158 DRAFT -- CONFIDENTIAL a. A Community Media Center should be established to help meet community cable-related needs and interests, providing Public Access services and support for Government and Educational Access. The Center would require about 10,000 square feet of space in a building that is centrally located in the area governed by the Consortium. The actual location of this facility should be mutually agreed upon by ..::,:..... the Consortium members t The Center could be in a space that is either leased or owned by _a. newly .established nonprofit access management organization. In other ............... . communities in the U.S., such a facility is often located in space provided either free of charge or for a token amount by a franchising authority, a school district, or other entity. Regardless of where the Community Media Center is located, any new franchise agreement should require that funding be provided by the cable operator to renovate the space in a manner that is appropriate for such a facility. The Center should be fully accessible by persons with disabilities and have ample, well-tit parking areas. The staff should have 24-hour access to the facility, which should include areas for: + Two Production Studios (approximately 1,200 sq. ft. each) + Studio Control Rooms + Program Playback/Master Control Room + Video Editing and dubbing Booths • Training and Multi-Purpose Meeting Rooms + "Hot-Line" Studio + Portable Equipment Check-in and Check-out Area + Computer/Internet Lab + Office Space for Staff • Equipment Maintenance Area + Tape and Equipment Storage + Set Storage b. Given the size of the Consortium franchise areas, it would also be appropriate to set up a PEG Access "satellite" facility. This would require about 5,004 square feet of space, and would house a production studio, control room, training area, "hot-line" studio, video editing and dubbing booths, portable equipment check-in and check-out area, a computer/Internet lab, office space, and storage area. 159 _. DRAFT -- CONFIDENTIAL c. Upon signing any new franchise agreement, the cable operator should provide a grant to cover all costs associated with the renovation of building locations that would house the proposed Community Media Center and a PEG Access satellite facility. In addition, if donated locations from a franchising authority, school district, or other entity are not available to house these facilities, the cable operator should provide either a one-time major grant or a series of annual facility grants in amounts necessary to pay the costs to lease (or purchase) and renovate appropriate spaces for a Community Media Center and a PEG Access satellite facility throughout the life of any new franchise agreement. d. Upon signing any new franchise agreement, the cable operator should provide a Government Access equipment grant. These funds would be used by CCN, the City of Walnut Creek, and the City of Concord to upgrade existing equipment or replace outdated equipment (often over 10 years old) at the CCTV facility, the County Board of Supervisors chambers, and the Walnut Creek and Concord City Council chambers. In addition, the franchise agreement should require the cable operator to provide ongoing Government Access equipment replacementlupgg de grants. e. Upon signing any new franchise agreement, the cable operator should provide a grant to purchase equipment (as described below), primarily for the proposed Community Media Center and the PEG Access satellite facility which will be used to provide Public Access services and support for Government and Educational Access. A portion of these funds may be used to .upgrade _existing equipment or replace outdated equipment (often over 10 years old) at the KCCC facility, and at other . ............._ .11 educational institutions that have provided programs for cablecast on PEG Access channels. In addition, the franchise agreement should require the cable operator to provide ongoing equipment replacementluRgrade grants. f. With the identified PEG Access needs and interests in mind, the following equipment packages should be included at the proposed Community Media Center and the PEG Access satellite facility 160 DRAFT -- CONFIDENTIAL • Single Camera Field Production Packages • Editing/Post Production/Dubbing Packages • Three-Camera Studio Production Packages • Mobile Multiple-Camera Field Production Systems • "Hot-Line" Studio Equipment Packages • An Automated Playback/Master Control Package • Computer/Internet Access Equipment Packages • Test Equipment and Tools for Equipment Maintenance • Office Equipment and Furniture A new, updated local production and programming equipment package is needed in the Consortium franchise areas, for the reasons discussed earlier in this report. A "DV" (Digital Video) format is recommended to be used throughout the proposed Community Media Center and the PEG Access satellite facility. This videotape format is now being integrated in many PEG Access operations throughout the country, due in part to the fact that DV recording equipment provides significant improvement in picture quality when compared to existing S-VHS and W gear. In addition, this format is available in an impressive range of production equipment, from ultra-compact and relatively inexpensive camcorders (that use compatible "mini-DV" tape) for beginning Public Access producers, to the much more sophisticated DVCAM and DVCPRO lines for more experienced community producers and staff. The major video equipment manufacturers are clearly investing their resources in these products. Therefore, the consultant recommends that Digital Video gear be included within the equipment packages recommended herein. The equipment packages that follow are described in summary form, with major equipment components (but not specific models) included. It is important to note that the final decisions with regard to specific equipment purchases will lie with the staff of the access management entity. Our intention in presenting the following is not to mandate any specific piece of equipment, but rather to indicate appropriate quantities and capability levels. 161 DRAFT -- CONFIDENTIAL i. Single Camera Meld Production Packages The proposed Community Media Center should be equipped with eight DV camcorders and the PEG Access satellite facility should have four DV camcorders for field production activities. Each field production package should include accessories and peripheral equipment (extra battery, tripod, microphone, cables, etc.) for flexible portable production. In addition, portable lighting kits are recommended to provide extra illumination for nighttime and some indoor situations. ii. EdifinglPost Production/Dubbing Packages Four DV editing systems for the Community Media Center and two DV editing systems for the PEG Access satellite facility should be provided to meet the needs of the organizations, institutions, and residents of the Consortium franchise areas. Varying degrees of capability should be provided, including basic systems and others with more sophisticated elements (e.g., advanced graphics, nonlinear capability, etc.). The intention here is to allow beginning producers to start comfortably and succeed in their first production efforts, while providing more experienced producers the options needed to create more sophisticated productions. Each system should include new video monitors, an editing controller, announce microphone, character generation system to add titles and graphics, CD player for adding music or sound effects during editing, and an audio mixer. In addition, serious consideration should be given to configure some of the editing systems as portable, laptop-based units that could be checked out to qualified producers. Such an approach is beginning to occur in PEG Access centers (e.g., in Monterey), where the response to this idea has been very positive. Since many people and organizations own camcorders, they should be encouraged to improve skills using their equipment. In order to accommodate different videotape formats, an inter-format dubbing system for each of the two proposed facilities is also recommended. These systems would allow individuals to dub their 8mm, Hi-8, VHS, W or S-VHS videotapes to a DV format. They can also be used by producers for program logging, thus freeing up the editing systems for actual editing activity. 162 DRAFT -- CONFIDENTIAL iii. Three-Camera Studio Production Packages Two production studios for the Community Media Center and one studio for the PEG Access satellite facility are recommended. Each studio would be equipped with three 3-CCD cameras. Programs would be recorded in the DV format, and/or transmitted live onto the cable system. Each studio production package would include a switcher/special effects generator, and a graphics/character generator for generating titles and visuals. A video editing package with two DV video recorders should be included to enable the insertion of prerecorded materials into a studio recording, and could also be used to make post- production edits on studio-produced material. Other production items to include are camera tripods with dollies, an intercom system, video monitors, waveform monitor and vectorscope, a high capacity audio mixer, microphones, a CD player, and miscellaneous accessories. A studio lighting package would also be necessary. The exact configuration of each package, including the number and types of lighting instruments, will depend on the size and shape of the studio. However, each studio ceiling should be high enough to enable a lighting grid to be installed at least 12 feet above the floor. iv. Mobile Multiple-Camera Field Production Systems We recommend that two three-camera field production systems should be provided, enabling PEG Access producers to create multi-camera programs in the field. Coverage of many community events is made much more interesting to watch by using more than one camera angle. These two systems would provide that opportunity without the subsequent editing required when such events are shot with a number of camcorders. In addition, all of the control and monitoring equipment would be installed in shock-resistant cases, easily transportable in the trunk of a car, a pick-up truck or van. 163 DRAFT -- CONFIDENTIAL Each system would include three cameras with long cables (50+ meters each) that connect to camera control units, a switcher/special effects generator, adequate equipment for monitoring and controlling audio and video, two DV recorders, and an intercom system between the director and camera operators. Each system would include a microphone mixer that will accept at least eight inputs for microphones or other audio sources, plus a set of microphones, cables and basic peripherals. V. "Hot-Line"Studio Equipment Packages The management staff at PEG Access centers throughout the U.S. have been often frustrated in their efforts to involve certain nonprofit groups and individuals in the process of making their own Access programs. Many people just don't have the time to take production classes, are not interested in the technical aspects of making programs, or are intimidated by even the user-friendly equipment common at these facilities. To address this problem, some PEG Access centers (led by the pioneering efforts of the Chicago Access Corporation in the late 1980's) have developed a way to involve such people without the need for extensive training. Their idea was to set up a small "studio" that would have two cameras (one for talent, the other pointed down at an adjacent table to show a document, etc.), simple buttons for the talent or an off-screen assistant to push that would switch between the cameras, a standard lighting scheme, and a fixed set area. Participants could easily learn how to use this "hot-line" studio to make live presentations on an Access channel, and take telephone calls from viewers if they so desired. Common topics of these interactive programs include information about the services of local organizations, simple "how-to" demonstrations, interviews with elected officials and other well known community residents, homework assistance, or legal and medical advice. This type of option has also been provided in such diverse places as Boston, Massachusetts; Monterey, Berkeley and Santa Rosa, California; and Tucson, Arizona. 164 DRAFT -- CONFIDENTIAL One "hot-line" studio equipment package is recommended for the Community Media Center, plus another similar package for the PEG Access satellite facility. Each package would include two remote-controlled cameras, similar to those used in a City Council chambers to televise government meetings. A simple, easy to operate switcher would enable the producer to push buttons to switch between the two cameras and overlay the output of a graphics/character generator. Other accessories, including video monitors, audio mixer, microphones, CD player, DV video recorder, lights, and cables would also be required for each "hot-line" studio equipment package. vi. Automated PlaybacklMaster Control Package A master control system has a variety of very important functions. What the cable subscribers see and hear on their television sets ultimately depends on the quality and reliability of the equipment and personnel in Master Control. The first function is the timely playback of prerecorded program content. The system must include sufficient video sources to store and transmit an entire evening's programming (or more) on the PEG Access channels. Programs on each channel would be automatically switched by a sophisticated, computer-based, pre-programmed event controller that does not require the constant attendance of a staff member. The second function of master control is the routing of live programming to the cable system. Next, it must provide some sort of programming material to subscribers when no live or taped programs are being cablecast. This is usually computer- generated text or graphics accompanied by recorded music or a local radio station. Finally, master control must monitor the quality of the signal being cablecast. Quantitative measurement and automatic adjustment of signal levels from master control is required to ensure that the cable system is being fed a high quality signal and one that is equal in strength to those on other cable channels. 165 CRAFT -- CONFIDENTIAL An automated playback master control system is recommended for the proposed Community Media Center. It should be designed for easy upgrading as programming expands and additional channel capacity is added. Automated systems are very cost efficient because they permit playback to occur without the necessity of having a person present during all times when programs are cablecast to the community. The heart of the suggested playback system is an event controller with built-in routing switcher, connected to various audio/video sources. It is pre-programmed to activate and route the signal from each device to the proper channel at the scheduled time. The number of required audio/video sources will depend upon the complexity of the playback requirements. The previously typical racks of videotape decks are now often being replaced by a digital video server, equipped with an array of high capacity computer storage devices. This system digitizes and stores all programs submitted for cablecast, and instantly retrieves them for playback as commanded by the event controller. For each channel, a computer hardware/software package should be included to provide video text and graphics for a "Bulletin Board" to be displayed during non-video-programming hours. A monitor/receiver should also be included for each channel. In conjunction with a cable TV converter, these items will provide the necessary ability to monitor the cable TV system transmission for the PEG Access channels. vii. Computerlinternet Access Equipment Package Universal two-way access to the tremendous amount of information and the opportunity for dialogue which is available through the Internet and other on-line networks has become a growing concern to federal, state, and local policy makers, network providers, educators, social service agencies and others (including individuals who testified at the public hearings and participants at the focus group sessions). As cable communications systems enter this arena as a provider of gateway services to their subscribers, new opportunities arise for PEG Access centers to expand their traditional role as managers of nonprofit video training, production and distribution services to include community access to 166 DRAFT -- CONFIDENTIAL on-Cine computer workstations. In fact, many existing PEG Access centers, in smell towns as well as major metropolitan areas, now provide this type of service (e.g., Sacramento, Cupertino, and Palo Alto, CA; Cape Cod, Cambridge and Salem, MA; Burlington, VT; Lubbock, TQC; Wadsworth, OH; and Minneapolis, MN). Computer and multimedia workstations with cable modem connections should be provided at the proposed Community Media Center and the PEC Access satellite facility. Efforts must be made to encourage widespread community use of these powerful tools, and to provide additional workstations as demand increases. viii. Test Equipment and Tools for Equipment Maintenance Certain basic test equipment (e.g., duel-trace oscilloscope, waveform monitor, vectorscope) and various tools should be included at each facility to properly maintain the equipment packages described above. ix. Office Equipment and Fumiture Computers, printers, copiers, and other miscellaneous office equipment and furniture must be available at the proposed Community Media Center and the PEG Access satellite facility. g. The existing equipment packages at the Walnut Creek, Concord, and Pleasant Hill City Council chambers and the County Board of Supervisors chambers include a number of items that should be upgraded or replaced. Each of these facilities should be outfitted with three or four new remote-controlled cameras (if necessary), DV recorders, a production switcher, video monitors, and other appropriate items. In addition, similar equipment packages should be provided upon request to the communities in the Consortium franchise areas where council chambers are not currently equipped to provide meeting coverage. 167 DRAFT -- CONFIDENTIAL h. The equipment to be installed in the proposed Community Media Center, PEG Access satellite facility, the various City Council chambers and the Board of Supervisors chambers, CCTV and KCCC will need to replaced as it reaches the end of its useful life. For purposes of projecting equipment replacement, the recommended equipment packages are classified into the following groups that reflect the different useful life spans of the equipment: Useful Life • Single Camera Field Production 3 Years • Editing/Post Production/Dubbing 5 Years • Mobile Multiple-Camera Field Production 5 Years • Computer/Internet Access Equipment 5 Years • Computers/Office Equipment 5 Years • Multiple-Camera and "Hot-Line" Studio Production 7 Years • Automated Playback/Master Control Package 7 Years • Board/Council Chambers Equipment 7 Years • Test/Maintenance Equipment 10 Years 5. Access Services An analysis of the information gathered has revealed the need to significantly expand and increase the level and quality of Access services being provided in the Consortium franchise areas. As noted in this report, the consultant is concerned about the current minimal level of Public and Educational Access services being provided. No contractually defined operating standards have been established with Comcast to assure that residents receive the quality, quantity, and diversity of services and programming that they rightly deserve. If PEG Access is to succeed, certain basic services must be provided by the entities responsible for managing the Access facilities, equipment, and channels. The quantity and quality of the services will be dictated to a large degree by the level of funding available. 168 DRAFT -- CONFIDENTIAL There are many factors that contribute to the development of successful Public, Educational and Government Access operations. Those factors include: • Designated PEC Access channels. The viewer seeking the PEG Access channels should know exactly where to find them on the dial. • Clearly defined management entities. Staff members must undertake all activities necessary to achieve successful PEG Access operations. Competent and experienced leadership. Upper management positions should be filled (ideally) by a person who has previously held such jobs in an Access environment. • An adequate funding base. This may include funds from the cable company, focal government and/or other elements of the community willing and able to support PEG Access activities on an ongoing basis. • Adequate and appropriate facilities and equipment, This will include the kinds of studio facilities, portable field equipment, video editing equipment, and other packages as described previously in this report. • Appropriate and adequate numbers of staff. A primary purpose of the PEG Access staff members is to train and help citizens, community groups, educators and others to use the tools of television to create programming for and about the community. Staff should create a friendly, open environment at the Community Media Center and PEG Access satellite facility to encourage volunteerism and citizen participation. This includes being open on evenings and weekends when the average citizen has free time. It also includes assisting community producers in pre-production planning and many other areas. Adequate staff should also be available to: (1) operate the production systems to transmit live and record the meetings of City Council/Board of Supervisor and other agencies upon request; (2) produce additional government access programming; (3) assist educational access program providers; (4) cablecast all PEG programming; and (5) maintain and repair the PEG Access equipment and facilities. Clearly defined operating rules and procedures. These rules and procedures should be in written form, and available to all community producers at the Community Media Center and the PEC Access satellite facility. These rules should encourage involvement by the community. 169 DRAFT -- CONFIDENT/AL • Training classes that are offered frequently. These training classes should be designed to allow community producers to attain the skill level necessary to move into the production process with confidence. At the same time, these classes should be short enough to keep community producers enthusiastic and energized. For instance, a basic portable production class might include eight hours of instruction accomplished over a two-week period in four, two-hour sessions. It is critical that these classes be offered frequently so people will not have to wait months before being trained. • An outreach plan. The purpose of the plan is to bring as many and as diverse a base of people as possible to the Community Media Center and the PEG Access satellite facility, and subsequently into the training classes. The desired result would be the development of local programming that is broadly reflective of the community. • Promotional plans that are designed to encourage viewership of the programming on the PEG Access channels. Each of the PEG Access management entities must include efforts to promote their respective program schedules if viewership is going to be developed. • A management plan for each of the PEG Access management entities that integrates all of the previous factors (as appropriate for their respective missions) in an organized and focused manner, to help ensure the successful achievement of their production and programming goals. Many of these factors have not been in place during the current franchise period in the areas governed by the Consortium members, particularly with respect to Public and Educational Access activities. Therefore, in order to ensure the successful development of PEG Access in this community, each entity responsible for managing one or more aspects of PEG Access should provide the following services: 1. Operate the Public, Educational, and Government Access Channels. Operate the PEG Access cable channels with the primary purpose being to administer, coordinate, and appropriately assist those requesting channel time. 170 DRAFT -- CONFIDENTIAL 2. Operate the Production Facilities. Provide production facilities and equipment that are available for use by qualified participants at such hours and times as are determined by each PEG Access management entity. Access to the Community Media Center and the PEG Access satellite facility equipment and facilities shall be open to all those who receive training or who receive a certification from the staff that identifies the user(s) as having satisfied training requirements. 3. Develop rules. Each PEG Access management entity must develop rules and guidelines for use and operation of its production facility, equipment, and channels and file such rules and guidelines with the Consortium members. 4. Training. Staff of the Community Media Center and the PEG Access satellite facility must be available to teach the techniques of video production and computer operation to citizens, community groups, educators and others. 5. Playback/Cablecast. Each PEG Access management entity must provide for the playbacklcablecasting of programs on its channels. 6. Maintenance of Equipment. Each PEG Access management entity must provide regular maintenance and basic repair of its video production equipment. 7. Promotion/Outreach. Each PEG Access management entity must actively promote the use and benefits of their respective facilities, equipment, and channels to cable subscribers, their constituencies, and the cable operator. Experience in other communities with PEG Access has demonstrated that having adequate staff to provide the necessary PEG Access services mentioned earlier is essential to achieving the desired results. Typically, 60-70% of a PEG Access management entity's budget is for staff salaries and benefits, with the remainder budgeted for such items as videotape, equipment maintenance, studio supplies, printing, postage, insurance, etc. In order to establish PEG Access services necessary to meet the identified community needs and interests, we recommend the following: 171 _ .. ......... _. _. .1111 11.11.. ......1.111............................................... ...... ._ .. .. ....... ..... . ....... ..... DRAFT -- CONFIDENTIAL a. Comcast should support the provision of PEC Access services in the Consortium franchise areas by providing funds on an annual basis that includes and exceeds the amount that it expended for local programming services in these franchise areas during 2003. An alternative, but less desirable method would be to ensure that Comcast provides those services in strict accordance with performance standards that include specific deliverables. It is important to remember that when cable subscribers who responded to the 1999 and 2003 telephone surreys were asked how much of their monthly cable bill should support channels that feature local programming, the average of all responses ranged from $0.78 to $1.08 per month. b. The Consortium members should consider allocating funds from their franchise fee revenues or the general funds to supplement the PEG Access funding provided by the cable operator. c. In order to assure that future funding is effectively used to deliver Public Access services, provide support for the operational and maintenance needs of Educational Access, and (if deemed appropriate) provide necessary staff for the live and taped presentation of government meetings, the Consortium members should enter into a contract or memorandum of understanding with a new independent nonprofit access management organization. i. Specific obligations and mandated performance standards for the operation of the Public Access (and other designated) channels and provision of services should be included in a contract or memorandum of understanding. This contract should also specify funding amounts resulting from any franchise agreement. To assure that reasonable long range financial and programmatic planning can occur, this should be a multi-year contract. ii. An interim Board of Conveners should be appointed to oversee the establishment of the new independent nonprofit access management organization. Such an interim Board of Conveners should include, at minimum, representatives from the Needs Assessment Task Force, each of the Consortium members, and the educational community. Among the activities of an interim Board would be the drafting of by-laws and recruiting members for the permanent Board. 172 DRAFT -- CONFIDENTIAL d. In order to promote PEG Access programming to Consortium franchise area residents and cable subscribers more effectively, the cable operator should provide the following: i. Courtesy promotion of all PEG Access channels and program listings in the cable operator's print and electronic program guides, including the "N Guide" channel. ii. Free promotional spots for the PEG Access channels and programming on the cable satellite services that make times available for local advertising insertions. iii. Free inclusion in the subscriber bills for informational "stuffers" several times per year. 173 CONTRA COSTA CABLE CONSORTIUM CABLE TELEVISION SYSTEMS TECHNICAL EVALUATION April 2044 DRAFT Version 3.0 Prepared by Columbia Telecommunications Corporation 5550 Sterrett Place, Suite 306 Columbia,Maryland 21044 (410)964-5700+fax: (410) 964-6478 ctc ,,internetctc.com • www.internetctc.com -- ---- Table of Contents l^ EXECUTIVE SUMMARY ............................... ............................................. ...................... l IY. 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Figure 16 _..—.—..-.--_—^.—.—.—...~—._.,..~—..--.—^-'--^----^^--^ \� V. TEST�fIS[7LTS....---.—_.~..—..--~—~—.--.—.—.~.'~—.~. 2l VI. PE[YSIC�^L PLA�JT .-.---- ................ APPENDICES AonowdiaA—Elcdrical?estDatu Appendix B P\md InspectionDatu AmpendixC--ChuooclLino-ups Appendix D—About Columbia Telecommunications Corporation I. EXECUTIVE SUMMARY During March and April 2000, Columbia Telecommunications Corporation (CTC) conducted a technical review of the cable systems of AT&T Broadband and Internet Services ("AT&T") serving the Cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, Walnut Creek, and Contra Costa County ("the Contra Costa Cable Consortium"). The review described in this report included a technical evaluation of the electrical system and a physical inspection of the various headend facilities serving the Contra Costa Cable Consortium communities and the respective cable plants. AT&T operates many systems in the San Francisco Bay area including the four systems that provide service to the Consortium communities. One of these systems is an upgraded system providing 750 MHz service to the communities of Martinez, Pleasant Hill, Lafayette, Orinda, Moraga and small portions of Walnut Creek. This system will eventually serve the entire area. Signals for this New/Arroyo system are derived from a master headend system consisting of multiple headends around the San Francisco Bay area, which are interconnected by a digital fiber ring. The other three systems in Contra Costa have yet to be upgraded. However, AT&T proposes to upgrade them with similar technology and serve them from the new headend facility on Arroyo Avenue in Walnut Creels. The Briones system with a headend in Briones Recreation Area serves two separate areas: 1) the City of Clyde and the Concord Naval Weapons Station and 2) the City of Danville and the surrounding unincorporated areas of Diablo and Contra Costa County. The lints between the Briones headend and the distribution plant in these areas is provided via analog microwave. The headend provides a channel line-up of both off-air and satellite channels using standard frequency assignments over a 450 MHz system. The Concord system headend in the Lime Ridge Open Space serves the cities of Clayton and Concord. The system in Concord is in the process of an upgrade to 750 MHz. At the time of the testing, one node had been upgraded and was being served from the New/Arroyo headend. The remainder of the system is a conventional coaxial system with a 450 MHz bandwidth. The Walnut Creek system headend is located just down the street from the New/Arroyo system headend and provides 450 MHz service to the City of Walnut Creek. One node is installed in Walnut Creek to reduce amplifier cascades to a maximum of 18 to 22 amplifiers in t cascade. This number of amplifiers in cascade is still much greater than the average five amplifiers in cascade used in modern system upgrades. Modern cable systems are typically designed at 750 to 860 MHz to provide additional capacity for both analog and digital programming and enhanced services such as high-speed data and telephone. In order to provide adequate signal quality and sufficient capacity to support these services, systems are installed with significant amounts of fiber optic cable to the neighborhood. Fiber is used to reduce the amplifier cascades to less than five active components in cascade, improving signal quality, reducing maintenance requirements, and improving the reliability of the system. Fiber connections also offer improvements over existing microwave feeds which can be affected by weather and require attentive maintenance. AT&T indicated that the microwave links serving the Briones systems are scheduled to be replaced in 2000 to improve the signal distribution system. In addition to the Briones microwave links, the County Channel is distributed over a microwave path. During our review, picture quality on the channel was noticeably poorer at one test location than channels received from other sources. In addition to installing fiber for the improvement of the distribution system, we recommend that program origination feeds currently using microwave also be upgraded to fiber optic cable. To evaluate the performance of these system, CTC, with the cooperation of AT&T, conducted electrical testing at test points in each system service area. These tests allowed CTC to evaluate the subscriber system based on a subset of the FCC technical requirements. We also subjectively evaluated the picture quality at each test location. The overall electrical performance of all of the systems was found to be satisfactory. The system performance met or exceeded the FCC requirements for Carrier-to-Noise and Hurn. However, several problems were noted in the signal level variations between channels and across the spectrum. These problems can be indicators that additional tuning and maintenance in the headend and the plant are required. In addition to conducting electrical tests of the system, CTC reviewed the results of past Proof-of-Performance testing conducted by AT&T as required by the FCC. The test data indicated compliance with FCC requirements except for minor violations of signal level variation over a six-month period and high video to audio level ratios on some channels. High signal level 2 variations over the six-month period can be an indicator that additional attention needs to be given to the maintenance of the plant or the tuning of the levels in the headend. High video to audio ratios can reduce the audio quality. Both of these problems should not cause visual channel impairments and should require minor adjustments at the headends or in the distribution plant. CTC also conducted a physical inspection of the cable plant over a four-day period in April. CTC's inspector conducted a drive-through inspection to review the compliance of the cable plant construction with applicable regulations and good engineering practices. In addition, a detailed inspection of 24 subscriber drop locations was conducted with the cooperation of AT&T. A significant problem in all of the Contra Costa systems was noted regarding the apparent lack of proper guying throughout the entire plant. Guying is required to ensure that there is adequate support for the cable plant along the aerial pole lines. Inadequate guying is a safety and maintenance issue. In addition, there appeared to be a lack of proper grounding at the drop in six of the 24 locations inspected. The problem locations were found in areas with both rebuilt plant and non-rebuilt plant. Grounding is required to ensure that excess voltage does not build up on the cable plant and present safety and signal problems. Other than the grounding problem, the drop cables appeared to be in good condition. The inspector's specific comments are included in the report. The upgrade of the systems offers an opportunity to resolve these persistent problems. We recommend that a process be established by which the cable operator systematically reviews the guying and grounding status and resolves any problems. We also recommend that reporting of the resolution of these problems be submitted to the consortium for review on a periodic basis during the upgrade. With regard to the specific violations included in the report, we recommend that the cable operator be provided with a copy of the problems and be required to submit documentation of the resolution to the Consortium. 3 II. SYSTEM DESCRIPTIONS Arroyo/New System AT&T is upgrading the systems in the Contra Costa area. The upgraded systems are served from a central control or "headend" facility at 1267 Arroyo Drive in Walnut Creek. At the time of the testing, this new headend served the communities of Martinez, Pleasant Hill, Lafayette, Orinda,Moraga and small portions of Walnut Creek. Channels Standard frequency assignments are used for 62 analog channels on the 750 MHz system. Two additional analog channels are available in all areas except Martinez. In addition, 55 channels of digital video programming and 10 digital audio channels are available. The channel line-up is included as Appendix C. Channel security is provided for the seven analog premium channels by scrambling the signals. Only subscribers using a converter box can view the scrambled channels. A converter box is also necessary to view basic services for television sets that are not cable ready. Each converter box is addressable and can be programmed according to the services required by the user. Service is provided with following options: • Basic Viewable with a cable ready set or with converter. • Expanded Basic Viewable with a cable ready set or with a converter. • Premium Includes channels viewable only with converter • Pay-Per-View Requires Converter • Digital Requires a Digital Receiver Channel 3 is a local programming channel. Channel 19 is the County channel, Contra Costa Television (CCTV). Because the headend for all of the systems will be centralized at the New/Arroyo headend, AT&T is attempting to standardize the location of the access channels in all line-ups. All local programming will be sent to the New/Arroyo headend for re-distribution to the appropriate communities. 4 In the new system,the "upstream" path from the subscriber to the headend is designed to provide two-way services such as Internet access via @Home and telephone services. @Home service is available in all upgraded areas. Telephony is available in parts of Pleasant Hill, Moraga, Lafayette, Orinda, and Rossmoor. Emergency Power Emergency back-up power is supplied at the headend by a combination of an Uninterruptible Power Supply(UPS) and a backup generator. The generator starts automatically when a loss of primary power is detected. Subscriber Cable Distribution S sY term The new distribution system is a 750 MHz Hybrid Fiber Coax (HFC) system. From the headend, the combined spectrum is transmitted via fiber optic cable to hub locations using Dense Wave Division Multiplexing(DWDM) equipment. Two hub locations for the new system are in Moraga and Pleasant Hill. These hubs feed 83 optical nodes via optic fiber. Coaxial cable branches out from each optical node feeding trunk. amplifiers, bridger amplifiers, and line extenders. From the bridgers and line extenders, feeder cable is used to connect to a subscriber tap. A maximum of five amplifiers is used in cascade between the fiber optic node and the end of any distribution line. The system mileage is approximately 602 miles with 350 miles of aerial construction and 252 miles of underground construction. Traditional cable systems used coaxial cable to distribute signals from the headend or hub all the way to the subscriber's home. This type of architecture required long cascades of amplifiers to provide adequate signal levels to the subscriber. However, in addition to amplifying the desired cable signal, each amplifier also amplifies the noise on the channel while degrading the quality of the signals. Amplifiers also require constant maintenance and tuning due to changes in the characteristics of amplifiers with the weather, temperature, and age. Long cascades of amplifiers in these traditional systems limit the quality and decrease the reliability of the system. The employment of fiber optic cable by cable operators to reduce the number of amplifiers in cascade virtually eliminates these problems. In the New/Arroyo system, fiber optic 5 cable was run to the nodes in order to reduce cascade lengths and provide a path for two-way services. The majority of the ingress on the return path of a cable system is caused by the drop cables from the distribution system to the home and within the home itself. During the upgrade, AT&T is not completely replacing drop cables. AT&T representatives report that 15 to 20 percent of drop cables are replaced each year through standard service call and repair procedures. In addition, filters are used on locations where two-way services are not provided in order to reduce the interference on the return path. The new system is designed with centralized powering. Battery and natural gas generators are used to provide emergency power. In a centralized power system, powering for approximately four traditional power supply areas is provided from a single power location. This requires a separate power distribution cable but provides improved backup capabilities. Each power supply has a pack of rechargeable batteries that can supply power to the service area for a few hours. The new system also has a Cheetah status monitoring system that provides an alarm in the event of an equipment problem. Concord/Clayton System The Concord/Clayton system is served from a headend facility located in the Lime Ridge Open Space behind the Boundary Oaks Country Club. Access to the headend facility is difficult, requiring a four-wheel drive vehicle. The system serves approximately 43,100 subscribers with 450 MHz coaxial cable system using standard frequency assignments. Signals are received at the Concord/Clayton headend via off-air and satellite receivers as well as over AT&T's digital fiber ring. Sixteen channels are received over the fiber ring. The digital line-up is received from the Headend-in-the- Sky (HITS) service. The County channel, CCTV, is received via microwave from Martinez. In Concord, one node area has been upgraded to the new system and construction is ongoing in the remainder of the system. Channels Standard frequency assignments are used for 59 analog channels occupying the frequency spectrum between 54 and 350 MHz. The spectrum above 350 MHz is utilized for 27 digital channels and 10 digital audio service channels. The channel line-up is included as Appendix C. 6 Channel security for the ten analog premium channels is provided by scrambling the signals. Only subscribers using a converter box can view the scrambled channels. A converter box is also necessary to view basic services for television sets that are not cable ready. Each converter box is addressable and can be programmed according to the services required by the user. Service is provided with following options. • Basic Viewable with a cable ready set or with converter. • Expanded Basic Viewable with a cable ready set or with a converter. • Premium Includes premiums viewable only with converter • Pay-Per-View Requires Converter • Digital Requires a Digital Receiver Channel 25 is used for local programming. Channel 18 is the Contra Costa Television (CCTV)channel. Emergency Power Emergency back-up power is supplied at the Concord/Clayton headend by a back-up generator. The generator starts automatically when a loss of primary power is detected. Subscriber Cable Distribution System From the headend, the channel line-up is distributed throughout the system using a traditional coaxial cable architecture. The system mileage is approximately 437 miles with 249 miles of aerial construction and 188 miles of underground construction. Coaxial cable branches out from the headend feeding trunk amplifiers, bridger amplifiers and line extenders. From the amplifiers, feeder cable is used to connect to a subscriber tap. A maximum of 26 amplifiers is used in cascade between the headend and the end of any distribution line. Emergency power for the active components on the distribution system is provided by power supplies with batteries floating on charge. All power supplies have a pack of re- chargeable batteries that can supply power to the service area for a few hours. In addition, AT&T has portable generators to provide back-up power if there are extended outages. Power supply maintenance is performed every three months. 7 Briones System The Briones headend provides cable service to the cities of Alamo, Clyde, and Danville, the Naval Weapons Station, and surrounding unincorporated areas. These services are provided via microwave from a headend located on Briones Peak in the East Bay Regional Park. The headend is difficult to access, requiring a four-wheel drive vehicle. In bad weather, the road appeared to be possibly dangerous or impassible. AT&T representatives indicated that these microwave links are planned to be replaced by the end of 2000. In Danville, construction teams are starting preparation for the upgrade. Channels Standard frequency assignments are used on the 450 MHz system. The Briones channel line-up includes 53 analog channels, 55 digital video channels, 30 analog DMX channels, and ten digital music channels. Channel security is provided for the seven analog premium channels by scrambling the signals. Only subscribers using a converter box can view the scrambled channels. A converter box is also necessary to view basic services for television sets that are not cable ready. Each converter box is addressable and can be programmed according to the services required by the user. The channel line-up is included as Appendix C. Service is provided with following options: • Basic Viewable with a cable ready set or with converter. • Expanded Basic Viewable with a cable ready set or with a converter. • Premium. Includes premiums viewable only with converter • Pay-Per-View Requires Converter • Digital Requires a Digital Receiver A Community Channel is found at Channel 3 from 12 Noon to 2 a.m. The County CCTV channel is found on Channel 19. s Emergency Power Emergency back-up power is supplied at the headend by a back-up generator. The generator starts automatically when a loss of primary power is detected. Subscriber Cable Distribution System From the headend, the channel line-up is distributed throughout the system using AML microwave links to a traditional coaxial cable architecture. The system mileage is approximately 632 miles with 297 miles of aerial construction and 335 miles of underground construction. Coaxial cable branches out from the headend feeding trunk amplifiers, Bridger amplifiers and line extenders. From the amplifiers, feeder cable is used to connect to a subscriber tap. A maximum of 33 amplifiers is used in cascade between the AML microwave receive locations and the end of any distribution line. Emergency power for the active components on the distribution system is provided by power supplies with Batteries floating on charge. Each power supply has a pack of re-chargeable batteries that can supply power to the service area for a few hours. In addition, AT&T has portable generators to provide back-up power if there are extended outages. Walnut Creek System The City of Walnut Creek is served from a standard headend in Walnut Creek. The system serves approximately 22,500 subscribers. Signals are received at the headend over coaxial cable from an antenna receive site and from the Concord headend, as well as off-the-air and from satellite antennas. In Walnut Creek, AT&T has started the walk-out of the system required for the upgrade. Channels Standard frequency assignments are used for the 450 MHz system. The line-up provides 62 analog channels, 47 digital video channels and ten channels of digital audio programming. Channel security is provided for the six analog premium channels by scrambling the signals. Only subscribers using a converter box can view the scrambled channels. A converter box is also necessary to view basic services for television sets that are not cable ready. Each converter 9 box is addressable and can be programmed according to the services required by the user. The Walnut Creek system uses Tocom converter equipment for analog services. In order to receive the digital services, AT&T offers a General Instruments digital converter. The channel line-up is included as Appendix C. Service is provided with following options: • Basic Viewable with a cable ready set or with converter. • Expanded Basic Viewable with a cable ready set or with a converter. • Cable Plus Includes premiums viewable only with converter • Pay-Per-View Requires Converter • Digital Requires a Digital Receiver Local programming is carried on Channel 6. The County CCTV channel is located on Channel 19. Emergency Power Emergency back-up power is supplied at the headend by a back-up generator. The generator starts automatically when a loss of primary power is detected. Subscriber Cable Distribution S sy tem From the headend, the channel line-up is distributed throughout the system using a traditional coaxial cable architecture. The system mileage is approximately 227 miles with 112 miles of aerial construction and 115 miles of underground construction. One node is activated in the Walnut Creek system. Fiber optic cable links the node to the headend in order to reduce amplifier cascades. From the headend and the node, coaxial cable branches out from the headend feeding trunk amplifiers, bridger amplifiers and line extenders. From the amplifiers, feeder cable is used to connect to a subscriber tap. A maximum of 18 to 22 amplifiers is used in cascade to the end of any distribution line. Power for the active components on the distribution system is provided by multiple power supplies. Sixty per cent of the power supplies in the Walnut Creek system have stand-by power using batteries that can supply power to the service area for a few hours. In addition, AT&T has portable generators to provide back-up power if there are extended outages. 10 Emergency Alert Systems An Emergency Alert System (EAS) is installed in each headend. The systems can be activated by national emergency alerts from broadcast radio stations. The systems are tested according to FCC rules and regulations. Many of the franchise agreements for the Consortium communities require the capability for the local authorities to provide emergency override of the system as well. Currently, Centra Costa County has control of emergency override of the systems. Proof of Performance Test Review The Federal Communications Commission (FCC) in 47 CFP. §76.605 requires that operators conduct semi-annual performance testing on each system and maintain records of the results. In response to our request, AT&T submitted results of the Proof-of-Performance (Proof) tests for 1998 and 1999. The systems have been under construction during and since those tests. Therefore, they do not correspond exactly to the systems at the time of the review. Our review of the Proof tests indicated that, generally, the system was operating in compliance with the FCC specifications. However, minor deviations were noted in the Walnut Creek test results for July/August 1999. At two test points,the variation in signal levels over the six-month period between the tests exceeded the 8dB requirement of the FCC. For one test point, several channels exhibited high variations. This could be an indicator of a need to maintain the distribution plant. At one other test point, the high variation was noted on one channel which could indicate that changes were made or are needed in the headend. Also, in both the Walnut Creek and. Contra Costa results (both the New/Arroyo systems and Briones systems are coverd by this data), high video to audio ratios were noted on different channels at different test points. These ratios were only one to two decibels above the required 17 dB ratio and should require minor adjustments. Cumulative Leakage Index(CLI) The FCC requires that each cable operator must measure and record signal leakage radiating into the air from a cable plant to demonstrate compliance with a cumulative leakage 13 index (CLI). Signal leakage is caused by defects in the distribution hardware, which can cause interference with other communications signals such as aeronautical and navigation signals. To protect against these harmful signals, the FCC requires that the cable operator check the CLI of the cable plant at least once a year. The required measurements may be accomplished by either extensive ground-based observations or by measurements made while flying over the system. AT&T submitted the results of recent testing for review. Copies of the results submitted to the PCC indicate that tests were performed in September 1999. This date is prior to several changes to the systems and therefore, the system configurations are not the same as at the time of the report. However, the data submitted appears to covers all of the areas included in the report. Marteeh Engineering, a firm specializing in the performance of fly-over measurements, performed the tests in September 1999, The FCC requirement is that greater than 90 percent of points recorded over the cable system shall not exceed 10 microvolts/meter RMS. All of the systems met the FCC requirements as indicated in Table 1. Table 1 —CLI Test Results Percentage of the digitally System(at the time of the test) recorded measurements falling below 10 microvolts/meter Televents system serving: Lafayette, North Contra Costa County, South Contra Costa County, Martinez, Walnut Creek, Orinda, Danville, Clyde 99.23 rRebuild), and Concord NWS nts system serving:nt Hill and Moraga 99.23 UACC Midwest system serving: Walnut Creek and Contra Costa County 97.12 TO Cablevision system serving: Concord and Clayton 96.51 System Testing and Maintenance The cable operator performs maintenance tests on the system periodically. Spectrum analyzers and Wavetek Stealth meters are used to perform signal measurements. The cable 12 operator uses a remote monitoring system for early warning of system problems. Ongoing testing of the system includes testing of 93 test points every month. The FCC recommends that the operator gather data from ground measurements of leafage from the systems during normal maintenance as well. AT&T has completed the installation of leakage detection equipment in almost all of the maintenance vehicles. A structured ride-out of the systems is performed every three months to identify any areas of the physical plant requiring attention. In addition, every two years, a complete walk out of the system is conducted. 13 III. ELECTRICAL PERFORMANCE STANDARDS Technical performance tests are conducted to verify the performance of the cable system in accordance with technical standards set by the FCC in 47 CFR §76.605 and requirements of the governing franchise agreements. Major elements of these standards are described in the following paragraphs. System Frequency Response measures the cable system's continuity and quality by comparing the signal levels as they are originated from the hub with levels measured along the cable path. In an ideal system if each channel is input into the system with the same level, at the measurement location the levels on each channel will maintain the same relative position. However, system components such as amplifiers, cables, and taps do not increase or reduce signal levels on a uniform basis. As a cable television amplifier cascade lengthens, any frequency response variations over the total system bandwidth are compounded. The frequency response is measured as the decibel level (dB) difference between the highest and lowest amplitudes on the system, or dB "peak-to-valley,', as referenced to the headend. There is no specific FCC regulation that requires frequency response tests. However, an indication of the actual frequency response can be obtained by evaluating the system parameters in the following paragraphs. Visual Carrier Level Variation is the difference, in decibels,between visual carrier levels of two channels. If the carrier levels between channels on the system vary greatly, the channels can interfere with one another. The overall carrier level variation is measured between the highest and lowest carrier levels across the analyzed spectrum. The measurement of the visual carrier levels can be accomplished without introducing signals onto the system. The maximum permitted carrier level variation for a 300 MHz system is 10 dB with an additional dB permitted for each additional 100MHz. The adjacent carrier level variation is the difference in carrier levels between two adjacent channels within a 6MHz frequency separation. The maximum adjacent carrier level variation permitted by the FCC is 3 dB. Video to Audio Ratio is the difference in decibels between the video carrier level and the audio carrier level for a channel, which must be maintained between 10 and 17 dB below 14 the associated visual carrier for the channel. Higher audio carrier levels can cause distortions and interfere with the video signal. Carrier-to-Noise Measurement (CIN) Excessive noise can result from system operating levels that are not properly adjusted, or from improperly operating equipment. As cable signals pass through cascaded amplifiers, each amplifier contributes a small amount of noise to the signals. The carrier-to-noise measurement allows evaluation of the amplifier cascade up to the test location. The carrier-to-noise is required by the FCC to be greater than 43 dB. AT&T staff indicated that the new and rebuilt plant is designed to provide a C/N of 48.5 dB. Signal Level-to-Coherent Disturbances is the measured difference in decibels between the video carrier level and unwanted signals caused by non-linearity of amplifiers. In a cable system, the signals transmitted on separate channels can combine to form interference in the form of coherent distortions, or"beats". Composite Triple Beat(CTB) and Composite Second Order (CSC) are types of distortion resulting from the mixing of signals from different channels. The strength of the "beat" distortion is increased if the amplifier gain is set too high. The ratio of the carrier signal to the distorting signal must not be less than 47 dB in a system with harmonically related carrier (HRC) channel assignments or 51 dB for standard frequency assignments. If the distorting signal level is higher,wavy lines or bars may appear on the channel. Hum Modulation is an interference with the signal from power line frequencies (60 Hz and 120 Hz) or any other low frequency modulations. The maximum variation in signal levels caused by hum must not exceed 3 percent of the visual signal level. If the hum exceeds the requirement, it may cause black and white horizontal bars across the picture. IV. 'ELECTRICAL TEST PROCEDURES CTC's standard electrical test procedures include performance of a subset of the FCC Proof-of-Performance (Proof) tests described in CFR 47 §76.601. FCC Proofs require testing of signal levels for all channels of the system as well as signal-to-noise ratio, second and third order distortions or other coherent disturbances on a number of channels determined by the bandwidth 1S of the system, and hum on a single channel. Frequency measurements of both carrier and separation are also required. Our subset consists of all the level tests, signal-to-noise, distortion and hum tests as required by the FCC. In addition, subjective viewing of all channels is conducted at each test point to evaluate picture quality and.identify any visual impairments. During the initial meeting with AT&T, CTC selected areas in each system for testing. At the time of the test, using system maps, potential test point locations were identified. Final test point locations were selected based on accessibility. Figure 1 shows the selected test point locations as listed in Table 2. 00, donne a hristie 4 a lliil rt St n " Al a raz 0 Jahn Wr National Histo. e aCtt@CO 6 � 12 f Coord ably Ja#iey�gew f3 4 1 sa Norconviiie �Samersviite �Cowei! g o Pleasant Hill ®SSlawartVille ,�� , n Cl�rytan 1Padt *'BriarcesRc ' Ba bakhurst Gaff Course $ Cont sta 0 oa nurse, 3 ♦Zt v). Pack 1' Pwt n is rA t Creek Cha W Le Re 5 P Castia��P� rah Creek Spr1r,10. ices Pt* nn Lafayette Sar P a r�mte 24 Inut Heights *oat axP otiett Rhee Valley 21 2 xftDi*laSUUP,,* yg Top Ragi.4 Pk loRoak City leg f St Abert 'rastpoft oraga Alern Oaks` Diablo *Canyon 23 ;Pie ont Re Msta anmine . laakhawk(Lzke)G f course o *Re keg;isrralk�rdr 25 Blaakhawk ails)Golf Course *San b an*Retre g l 13 assajara If met�4 lastt5_ rA'"1 Figure 1 16 Table 2—Test Point Locations Test Point System Location Test Point 1 Briones 56 Kingswood Drive,Danville Test Paint 2 Briones 3158 Miranda,Alamo,Contra Costa County Test Point 3 Walnut Creels 3982 Arbolado Drive,Walnut Creek Test Point 4 New/Arroyo 220 Netherby,Pleasant Hill Test Point 5 New/Arroyo Orinda Woods Drive and Fox Run, Orinda Test Point 6 New/Arroyo 1242 Center Avenue,Martinez Test Point 7 Concord 3976 Bayview Circle,Concord North Mitchell Canyon Road and Caulfield, Test Point 8 Concord Clayton Bight designated test channels were selected across the cable frequency spectrum. A Tektronix spectrum analyzer was used to measure CTB and ON on each test channel. Hum was measured on one channel at each test point. The internal pre-amp on the analyzer was used for all measurements. A Wavetek Stealth SAM 4040 signal-level meter was used by CTC engineers to measure C/N, video and audio signal levels on all non-scrambled channels, and hum on ten channels scattered across the spectrum. The Stealth data were used in preparing the graphical analysis of the system included in Appendix A. Two AT&T staff members accompanied CTC engineers during the testing. The testing was accomplished in two nights between 12:00 AM and 6:OOAM. All testing proceeded smoothly with no significant problems. 17 V. ELECTRICAL TEST RESULTS Appendix A contains the data collected from the Tektronix 2715 spectrum analyzer and the graphical analysis of the measurements taken with the Wavetek Stealth from each test point. Table 3 summarizes the test results and the current FCC requirements: Table 3—Comparison With FCC Standards System Under Test Worst Case Values Test Measurement FCC Standards Description Walnut Briones Creek Concord New/Arroyo [Carrier-to-Noise >43 dB 43.7 dB 45.8 dB 43.3 dB 47.1 C/CTB > 51 dB 55.6 dB 69.5 dB 58.5 dB 55.1 dB 12 dB overall; 8.2 dB; 14.9 dB; 13.2 dB; 9.9 dB; Visual Carrier Variation* 5 3 dB between 4.0 dB 6.4 dB 4.7 dB 5.8 dB adjacent channels Hum Modulation < 3.0% 2.8 % .4% .9% .7 % * Due to the degree of accuracy of the Stealth test instrument, a tolerance of 1dB is generally accepted. Figures in bold do not meet the required standard. The results of the system tests were in accordance with FCC requirements for Carrier-to- Noise, CTB and hum. Several problems were noted regarding the carrier level variations: • At the Briones Test Point 1, the signal appeared to "roll off' at the low end of the spectrum. This could be caused by the distribution plant and requires greater attention to the tuning of the plant. This type of problem should decrease with an upgrade because fewer active components will affect the distribution plant. • At the Walnut Creek Test Point 3, the channels at the high end of the spectrum appeared to have lower signal levels than the rest of the spectrum. These channels are scrambled channels. Scrambled channels may appear lower due to the 18 scrambling. However, in this case, they appear significantly lower and may require adjustment in the headend. • At the New/Arroyo Test Points (4, 5, and 6) the scrambled channels also appear lower than the rest of the spectrum. This should be resolved with a modification at the headend. • At the Concord Test Points (7 and 8) the scrambled channels 21 and 22 have low signal levels. In addition,at Test Point 7,there appears to be low-end roll off. These problems should be addressed during a system upgrade. The scrambled channel levels should also be addressed through tuning at the headend facilities. In addition, during the subjective viewing at each test point,the following problems were noted: Table 4—Subjective Viewing Results Test Point Impairments 1 (Briones System) None noted 2 (Briones System) None noted Channel 17 (KTXL-40)—ghosting 3 (Walnut Creek System) Channel 21 (KPST-66)—sparkles Channel 15 (KPIX-5)—horizontal bars 4 (New/Arroyo System) Channel 19 (CCTV)—snowy Channel 24(KSTS-48) - ghosting Channel 15 (KTNC-42)—horizontal bars 5 (New/Arroyo System) Channel 23 (KCRA-3)- ghosting 6(New/Arroyo System) None noted Channel 15 (KPST-fib)--poor picture quality 7 (Concord System) Channel 26 (KCNS-38)—vertical bars 19 Table 4—Subjective dewing Results Test Paint Impairments Channel 15 (KPST-66) poor picture quality 8 (Concord System) Channel 46—snowy,poor picture quality We recommend that the Consortium request documentation of the resolution of these problems from the cable operator. 20 VI. PHYSICAL PLANT INSPECTION The physical plant inspection took place during the week of April 25th, 2000. CTC inspector, Bob Andrews, accompanied by an AT&T representative, inspected cable plant in each of the Consortium communities. OTC's inspector conducted a drive-through inspection to review the compliance of the cable plant construction with applicable regulations and good engineering practices. On Day 1, the inspection covered the New/Arroyo system, including areas of Martinez, Pleasant Hill, Lafayette, Orinda, Moraga, and a small portion of Walnut Creek. Day 2 covered the Briones system areas of Danville, Blackhawk, and Alamo and the Walnut Creek system. Day 3 covered the Briones system area in Clyde and the Concord and Clayton areas. In addition, a detailed inspection of subscriber drop construction was held at 24 locations on Day 4. Construction violations can fall into several categories. Many of these conditions are potential safety hazards and should be brought to the cable operator's attention for immediate repair. Some common problems are listed below: Guying - Guy wires are used to provide additional support to the pole to which the cable is attached. Guying is important when the weight of cable on the poles is greater than can be safely supported by the poles alone. Guy wires are generally required at end poles, corner poles, poles that support large spans of cable, and other poles where additional strength is required. Missing or incorrectly installed guys are a potential safety hazard because of inadequate support to poles supporting cable and utility lines as well. The Blue Book contains additional information on guying. In the Contra Costa systems, there is an apparent lack of proper guying throughout the entire plant. Many locations have poles with hard (90 degree) corners where power and telephone company facilities are guyed but cable television is not. The inspector indicated that a possible reason for the lack of guying is that the existing anchors are already overloaded and therefore, new anchors must be placed to support additional guying. A more detailed inspection is required to properly assess the required guy locations and where slack span construction would be allowed. "There was some evidence of new guy construction in rebuild areas. However, it did not appear to comprehensively address the guying issues. 21 Lashing Wire - Lashing wire bolds the cable to the wire strand that supports the cable. Broken lashing wire can cause cable to fall from its supporting strand which causes improper clearances along roadways, driveways, and sidewalks, presenting hazards to vehicular and pedestrian traffic. Loose cable also puts added stress on connections which can add to signal quality problems. OTC's inspector found 21 instances of broken lashing wire. Bonding and Grounding - Bonding and grounding are required to eliminate potential electrical safety hazards such as electrical shock, arching, damage to the cable plant and subscriber equipment and signal problems that can occur if the electrical plant is energized by contact with power cables or lightening strikes. "Grounding" is electrically connecting the communications hardware to an effective "electrical ground" such as a power system neutral. Bonding is electrically connecting two or more pieces of the plant together so that they share the same "ground". In a cable system, continuity bonds are required where the plant is not continuous. In addition, bonding to the grounding conductor is required at the first and last poles in a line and at quarter mile intervals. Overall, the inspector found the bonding and grounding in the distribution system to be satisfactory. Bonding and grounding are also required at the subscriber drop. Cables entering a subscriber's residence, including communications cables, power cables and video cables must be bonded together and connected to an adequate ground. During the drop inspection,the inspector found that six out of 24 drops did not have the proper grounding. The problems were found in areas of both rebuilt and non-rebuilt plant. Other than the grounding problem,the drop cables appeared to be in good condition. Clearances - Cable is required to be installed at specified distances from power and telephone cable on the same poles. Clearance violations can be of major safety concern . In particular, inadequate clearance from power lines can result in arcing, energizing of the cable plant,potential for electric shock and equipment damage should the cable come in contact with the power line. Inadequate clearance from other utilities can cause cables to run together and put excess wear on the cable, thereby causing physical deterioration of the cable and possible service outages. Four power clearance violations and two 22 clearance violations to other utilities were found during the inspection. These problems should be corrected through coordination with the appropriate utility and documentation of their resolution submitted to the Consortium.. This is not an extreme number of clearance problems for the amount of plant inspected. Housekeeping - The general condition of the plant can be an indicator of poor maintenance and may lead to signal and safety violations. For example, insufficient support for the cable can allow the cable to sag or fall, causing outages and safety hazards. Bolts that are too long or too short are safety violations, as they may either be insufficient to support the cables on the poles or they may present hazards for workers on the pole. Dangling cables and house connections present hazards to pedestrians and vehicles. Protection guards are required on the cable to protect against damage to the plant where it rubs against tree branches. The Telcordia Blue Book Manual of Construction procedures (The Blue Book) and the Society of Cable Telecommunications Engineers (SCTE) Recommended Practices for Coaxial Cable Construction and Testing (SCTE Recommended Practices) cite these as conditions which are not permitted. Our inspector found several instances of missing splice supports, lack of heat shrink and failure to remove excess old hardware. These housekeeping issues should be resolved during an upgrade. In the New/Arroyo system area, the inspector found the overall appearance of the plant to be very good. Fiber optic cable has been placed in all areas except Martinez. In the older areas of Lafayette, there are a number of poles that are not guyed properly or not guyed at all. The exact locations were difficult to record due to the narrow, winding roads. In the Pleasant Hill area, the inspector noted that the area is saturated with trees and that there were no tree guards visible. A more detailed inspection would be required to assess the number and location. of tree guards required. The inspector noted that the Blackhawk area, served by the Briones system, is entirely underground construction. The pedestals appear to be in good condition and were properly locked. There was some evidence of overbuilding in the Danville/Blackbawk area. In the Concord area, the inspector found that the system is currently under rebuild construction in an area,bounded by Route 242, Route 4, Willow Pass Road, Port Chicago Highway, and Olivera 23 Road. In the Clayton area, there was considerable underground plant. The pedestals in the area looked good and were properly locked. Detailed notes and photographs of the physical plant inspection are included in Appendix B. 24 APPENDIX A ELECTRICAL TEST DATA Description of Data Graphs Field test data from. the Stealth meter are presented on the following pages in primarily graphical format as follows. These graphs provide a quick quick-look analysis for the overall performance of the cable system. The Performance Test graph displays the Carrier-to-Noise and Hum measurements. The Carrier-to-Noise readings are plotted by frequency on the horizontal scale against the vertical scale on the left side of the graph. Hurn readings are plotted by frequency on the horizontal scale against the vertical scale on the right side of the graph. The ON Performance Distribution displays the number of instances (vertical scale)when the Carrier-to-Noise reached the indicated level(horizontal scale). The Video Carrier Levels graph displays the observed carrier levels for each channel (vertical scale)versus channel frequency(horizontal scale). The Video-to-Audio Ratio graph shows the number of instances (vertical scale) when the difference between the video and audio levels reached the level indicated on the horizontal scale. The Adjacent Channel Difference graph shows the number of instances (vertical scale) when the difference in levels between adjacent channels reached the level indicated on the horizontal scale. The Reference Comparison graph is an indication of the frequency response of the system. A calculated frequency response is derived from the video carrier level data by referencing each channel back to an earlier point in the distribution system. For Palo Alto, all measurements have been referenced back to the headend. An average carrier-to-noise level was calculated from the Performance Test data, The overall and adjacent carrier level variations were calculated from the observed video and audio carrier levels. The Peak-to-Valley or frequency response was calculated from the Reference Comparison graph. A generally accepted guideline is that the frequency response should be no greater than N/10 +3 where N is equal to the total number of amplifiers in cascade. Due to the degree of accuracy of the test instrument, a tolerance of 1 dB is allowed, and test points that are within'1 d$ of the required value are not considered deficient. c` 00 kn v7 .� a, N 00 I� m m c "n �+ 00en H e`er en v' � en en 3 en °1 ° e4 a� tn I I is v140 0 tn ;y �• �* vc r eq ac � �.'^" v y'`�+ •� .ter„ ,-, i ''�"� 'I kn CN i to r� �t r, nx k er 06 r4 v i on F. U 00 r4 rte', 4 IV �o a 0 tn # en �i en A eq cu a° C 6 oc �'� er, cr vi ny c•? �r 91 kn Lo � E F ` � W u O � M � r4 i M M N N Vey t*? M ` i ! V"2 N Cy 00 N p CCs -- W to Pd M aj m r4 C14 eq 01) N 0 +N � yd tf7 PV qp en > v _ a �" tt tti " CJ i. toi z kn QM Cf ! u' " ' v� 411 ry c�.1 ON wl ;n r� en e N tj M Nel en Nt 4 i N Ct CC � Qe ! N G7 ri eq CC Neq N Nf `� tn a 1 t en O kn c*r 0 rz j tn v U wa ,.. C e� W) cn ,� to u7 �' cn ec ev, ry r' oo ! u7 �t E00 w � APPENDIX $ PHYSICAL PLANT INSPECTION DATA Table B-1: Inspection Log Photo Location Description Pleasant Hill 1 Front of 1943 Helen Drive Short bolt with no threads showing beyond the nut. 2 Front of 25 Oakview Rd. The anchor rod is broken as it appears to have been run over by a vehicle. The down guy has too much slack. 3 Front of 99 Oakview Rd. The clearance to power service loop is less than the required 34"at mid span. 4 Ritchie Dr.and Boyd Rd. The cable is taped up to existing strand and the broken lashing wire is lying on the road crossing. 5 Same location as above No continuity on strand at mid span.Preforms that have been left on the strand appear to have been a temporary fix. Martinez t I {apposite 1248 Raymond Drive No guy guard on power or cable down guard. Front of 160 Camino Del Sol Broken lashing wire. Camino Del Sol and Pacheco Blvd. Broken lashing wire. Front of 3930 Pacheco Blvd. Broken lashing wire. Front of 1320 Barrellesa Broken lashing wire. 6 Pacheco Blvd.and Windhover Way Pole transfer was completed,but a rope supporting cable strand was , left on the pole. The old attachment should be brought back to the new pole. Lafayette 7 Front of 1097 Sierra Vista Rd. The mid span clearance to power secondary is less than the required 30". 8 Sierra Vista and Serrano The mid span clearance to power secondary is less than the 4 required 30". i. 9 Front of 1130 Laurel Dr. There is a hard corner on the pole and no down guy. Alcalanes Rd. There are 4 poles requiring down guys due to corners. The road was very narrow and windy sort was difficult to stop and get exact locations. 10 Overbill Dr.and.Tara Rd. Broken lashing wire. Table B-1: Inspection Log Overbill Rd between Highland Court Six poles require down guys due to corners.Once again difficult to and Overhill Court get exact locations. Relize Station Rd. There are 18 poles pending transfers. The power company is still working on it. Orinda 11 El Toynel Rd. Preform on down guy not wrapped completely.(One pole past Orinda Park Pool.) El Toynel Rd. Five poles require down guys,difficult to stop and get exact locations. Front of 13 El Camino Moraga There is no heat shrink on tap connections Moraga No deviations found. Danville/Blackhawk 12 Magee Ranch Rd. Sample pedestal power supply:no problem. 13 Opposite 4177 Camino Tassajara The pole is improperly framed,some supports are missing and the i lashing wire is broken. 14 Next span east on Camino Tassajara Broken lashing wire. 15 Camino Tassajara and Crow Canyon There is slack in hardline cable,old hardware left on the strand,and Rd supports are missing. 16 Next pole east on Camino Tassajara The fiber splice supports are missing. 17 Same pole as above There is slack in the hardline cable and it is kinked.There are 2 systems on this pole line. The hardline cable may belong to Seren lnovations,but this needs to be verified. Ill and 165 Hemme lir. There is a limb on the strand forcing it down. Also,the lashing 19 wire is broken(2 spans). Alamo 1701 Ridgewood Rd. There is a splice in the hardline and no heatshrink Walnut Creek Crest Ave.and Hillgrade Ave. Broken lashing wire. Front of 205 Crest Ave. Broken lashing wire. �j Table B-1: Inspection Log Crest Ave and Castle Hill Rd. Pole transfer pending. — Opposite 115 Lancaster Rd. The cable is tied to a pole with rope and no frame is present. It appears that this is a new pole placement. 20 Opposite 123 Lancaster Rd. Where is insufficient clearance from amplifier and telephone company cable. The span in front of 132 Lancaster is sagging below telephone company cable. Front of 175 Arlene Dr. Broken lashing wire. Front of 1807 Magnolia Way Broken lashing wire. Front of 2141 Whyte Park Ave Broken lashing wire. Buena Vista and San Louis Rd. There are supports missing at spice location and mid span. Sunnyside Ave.and Robbie Kieth Broken lashing wire. Lane i i 1700 block of Oakpark Blvd. Four spans of cable sag below telephone company. Clyde 33 129 Kilburn Street j The mid span clearance to power is less than 30". j 21 Alley rear of Norman,one pole north The cable is lying in a 3-hook and not attached to the pole properly. of Essex 22 Pole#8077 on Essex There is an improper frame,the change in strand size should be double dead-ended and the through bolt is too short as no threads are showing. 23 Park Street This is a typical self support cable attachment in this area. This cable should be replaced during the rebuild.The self-support cable begins on Wellington and then comes down to and is in the alley behind Norman. Sussex St.and alley rear of Norman Pole transfer pending,guy stub pole. Concord 24 N. Ranchford and Ranchio Dr. The cable is sagged below telephone company and the heat shrink on the connectors at the pole is not shrunk down. 25 Front of 2148 Karren Street Improper frame,no down.guy. 26 and Cowell and Coventry 'There is an excess tail on the dead end. Slack span construction to i� 27 next pole is 30'away should be guyed and is not. Babel Lane Several pole transfers pending. Table B-1; Inspection Log 1569 Mathenson Way Broken lashing wire. Mathenson Way and Cherokee Pole transfer pending. 1636 Mathenson Way Broken lashing wire. Mathenson Way and Jollie Broken lashing wire. 1568 Kent Way Broken lashing wire. 28,29 ' Claycord Ave.and Claycord Court Due to pole replacement,the cable is not attached properly and is and 30 creating additional sag in five spans in all directions from pole. Front of 5042 Jeri A secondary attachment bracket is broken at the pole creating sag in house service loop(no deviation on cable plant). 4 Clayton 1019 Mitchell Canyon Broken lashing wire. 31 Three poles south of Weimar Court on Broken lashing wire,missing supports at pole. Mitchell Canyon Concord Front of 104 Academy Way Span needs to be relashed. 32 Comer of David and Minert The riser conduit is not clamped to the pole. ' 33 Virginia Ln.and Monument Improper dead end attachment and the through bolt is bent. 2518 Todd Ave Broken lashing wire. Table B-2: Service Drop Inspections _____7 Location Description Pleasant Hill 1912 Alvina Dr. Three-way splitter on outside wall,no ground block,no ground visible. 348 Maureen Dr. Ground block not attached to house,ground connected to electrical conduit. 2031 Lucille lir. Ground block OK,ground wire connected to electrical conduit. Lafayette Opposite 943 Dewing Ave. Three-way splitter on outside wall,no ground visible. Table B-2: Service Drop Inspections 922 Mt.View Dr. Ground block OK,ground wire connected to electrical conduit. 919 Mt.View Dr. Ground block OK,ground wire not secured to house,attached to underground grounding rod. Moraga 4 Buckingham Dr. Two splitters outside,ground block OK,ground wire connected to electrical conduit. 4 Woodford Dr. Ground block OK,ground wire connected to ground rod. 12 Woodford Dr. Ground block OK,ground wire connected to ground rod. 12 Camelford Ct. Ground block OK,ground wire connected to ground rod. Orinda 219 Ivy Dr. Ground block OK,ground wire connected to electrical conduit.(Nice neat job.) 149 Fiesta Circle Ground block OK,ground wire connected to ground rod. 118 Cowl Dr. Ground block OK,ground wire connected to ground rod. Walnut Creek 5 Willowbrook Ln. No ground block,no ground visible. 15 Willowbrook Ln. Ground block OK,ground wire goes inside of house. i 1925 Meadow Rd. Ground block OK,ground wire goes inside of house,drop wire not attached to house as it runs down the outside wall before entering house. 1955 Meadow Rd. Ground block OK,ground wire connected to electrical conduit. Concord 2630 Cresent Dr. No ground block,no ground wire. 2580 Maple Ave. Ground block OK,ground wire connected to electrical conduit. 2866 Garden Ave. No ground wire visible. 2410 Maple Ave. Ground block OK,ground wire connected to ground rod. Martinez 4265 Valley Ave. Ground block OK,ground wire connected to electrical conduit. 604 Donna Dr. No ground visible. I j 4260 Irene Dr. Ground block OK,ground wire connected to electrical conduit. APPENDIX C CHANNEL LINE-LIPS QAnff CHANNEL ICABLE AT&T Cable Sarviees GUIDE MITAL Xw BREN1 000, OAKLEY, DISCOVERY BAY, MlIGHTSEN, DETHEL ISLAND �t 120 NOGGfN 503 INDEPENDENT FILM CHANNEL 2 KNU-2(FDX) 32 TNN 121 DISCDvERY Kips CHANNEL 519 ENCORE LAVE S-;owu-EAST* 3 KCRA-3(NBC) 33 Fox SPORTS NET 160 SoI-Ei CHANNEL 521 ENCORE MYSTERY-EAST* 4 KRON-4(NBC) 34 AMC 161 GAw SHOw NETWORK 523 ENCORE WESTERNS-EAST* 5 KPIX-5(COS) 35 BAY TV 162 BBC AMERICA 535 STARz!THEATRE-EAST* 6 KVIE 6(PBS) 36 NiCxELODEDN 163 TV LANb 552 HBO PLUS* 180 BRAVO 554 HBO SIGNATURE 7 KCO-7(ABC) 37 USA NETKIRK 202 HOME&GARDEN TV 577 SRDVtm 2-EAST* 8 KICU-36(IND) 38 TNT 270 THE HISTORY CHANNEL 590 THE MOVIE CHAva 9 KQED 9(PBS) 39 VH 1 272 OiseovERY ScIEN6E 800 PAY-PER-VIEW PREVIEWS - 40 MTV 273 Dlscmv PEOPLE 801-806 PAY-PER-VIEW Hn I L KTXL-40(IND) 41 THE DisnEY CHANNEL 401 "Fox SPORTS WORLD THE BIGGEST HIT MOVIES WiTH A NEW MViE STARTING EVERY HALE 12 KBPK-44(UPN) 42 E! 402 ESPNEwS HOUR,PLUS,SPECIAL EVENTS LIKE 13 KOVR-13(CBS) 43 THE LEARNB6G CNANN 403 ESPN CLr ws CONcmS.WRESTLING AND BOXING. 404 L1uTOK#}R Ln NFMRK PAY-PERAFN IS BETTER THAN EVER 14 KDTV 14(UNI) 44 Guam WiTN EASY ORDERING r!NG YOUR 45 CARTOON NETwOT 405 THE GOLF CHANNEL REMOTE AND ON-SCREEN GUN. 501 TuRNERCLAssiCMovi€s 844 HOT CiinCE(kTioNPAY-PER40) 46 CNBC 502 ROMANCE CtASSiCS 851 ADULT PAY-PER-ViEw 47 HA mE NEws 18 QVC 48 ESPN2 BEII=PREMIUM SEDUCE *YDU Musr suasusE m�vr�mnM craREL TocavE i E a�eF�rLI sEo u o>I SAME a AM EL 19 CCTV 49 FOX NEWS CHANNEL 20 KBWB-TV(620) 50 KSTS•48 JLMO) 21 KCSM-60(PBS) 54 PAY-PER-VNW HutIGHTs 22 KTNC-42(IND) 54 LOCAL PROGRAMMING 23 KXTV-10(ABC) 57 C-SPAN 2 D m X 24 TBS 900 DMX-UsTEmG,ROOM 25 CII 60 C--SPAM 901 DMX-LiTE CLAsscx 26 FX 902 DMX-1Att VOCAL BLEND 27 FOX FAwy CNAIINEL 903 DMX-HOTTEST HITS 28 LIFETIME 904 OMX-MODERN COUNTRY 905 DMX-AuERNATTVE 29 OiSCOVm 0Ii4NNEL 906 DMX-ADULT CONT€mPoRARY 30 A&E 908 DMX-ROCK W ROtt OLDIES 31 ESPN 909 DMX-CLASSIC RocK 910 DMX-URBAN BEAT DOTAL eDs10MERS KEW REFER TO CWHELS 801-806,844&851 CDR PAY-PER-VIEW ViEWNG.1 FOR PRICING AND INFORMATION BASIC PREMIUM CALL AT&T BRENTWOOD 925 634-3553 ERIFANDED BASIC PAY-PER-VIEW CORN 97 70-490 ALL HEA4E!RO#527 6RENiW(I00 4lQD CNANNEI. AT&T caNt Service9 GUIDE xw DIGITALCABLE PITTSB tr, ANTIOCH, Ba POINT 1_6 BAY TV 120 NOGGIN 529 ENCORE ACAON-EAST* 2 Km-2(FOX) 36 FX 121 Disaa"ZERY KIDS C}I to 533 START)-EAST* 3 TV WIDE C8ANNEL 37 TNT 160 Sc4i CHANNEL 535 SYARZ!THEATRE-EAST* 4 KRONA(NBC) 3$._ESPN 161 CAME SHOW NETWORK 550 HBO-EAST 5 KPJX-5(DBS) 39 ESPN 2 162 BBC AMERICA 552 HBO PLUS-EAS;'" 6 MCU-36(IND) 40 FDX Sporn NET 201 Dr�OVERY HOME&LEVE 554 HBO FAMILYl-EAR* EAST* 7 KGQ-7(ABC) 41 TBS 272 DrscoVERY Scow 562 CI°;AX-EAST 8 KTSF-26(IND) 42 USA 273 DISCOVERY PmE 564 MORE MAX-EAST* 274 DwmRY 1A is 575 SHGWLNE-EAST 9 KQED-9(PBS) 43 MTV 401 FOX SIYTRTs Wbno 577 SHINA'TIIAE 2-Em* 10 KXTV-10(CBS) 44 VH1 402 ESPNEws 579 SHoWME 3-EAST* 11 D=VERY CHAPMEL 45 TNN 403 ESPN CLAssics 590 THE Moor€CRML-FAST 12 KBHK-44(UPN) 46 GfE1TNE 404 OuTDOGR LIFE 592 THE MOVIE CHANsu 2-EAST* 13 K8WB-201'E) 47 A&E 405 THE Gov Cmft 801-814 PAY-PER-VEW Kin 14 KDTV-14(UNI) 48 BRAVO 408 Si+E*sm THE RrGGEST HIT MOVES Ion A 15 CRA-3(NBC) 49 AMC 501 Tum CiAwc MmEs NEW MOVIE STARTM EVERY Kqf 502 Rom Dulmics RODR.Pius,VEML EVENTS U.q 16 KKPX-65(PAX) 50 THE LEARNING WNIa 503 INDEPENDENT Fruth CHARNEL CONCERTS,NESTLING AND KONG. 17 KCSM-60(PBS; 51 ANNE PIAAET 517 ENCORE-EAST* PAY-PER-VIEW Is BETTER THAN EVER 18 KSTS-48(TLMD) 52 Fox FAMILY CHARNEL 519 ESE LovE STORIES-EAST* WITH EASY ORDERING USING YOUR 19 KTNC-42(IND) 53 KEEQI}£9N 521 ENcoRE IUyvo-EAST* REMOTEAND DN-SCREEN GLADE. 523 Eon VrmERNs-EAST* 844 HOT ChM*70 PAZ-PER460 20 KPST-66(IND) 54 CARTOGN KETIYORX 527 ENMRE W SM&Dlarwa-W 851 SMO€(AN9 PAY-PER-W 21 KCNS-38!(IND) 55 THE DISNEY CHANNEL *Yw am s+r To x FR u QMXL To 22 C-SPAN 56 CNN RECEIPT If KiLTPEE0 YEASICK I THE SANE WWI, 23 C-SAN 2 57 HEADuNi NEIL 24 KTXL40(FCX) 59 FOX NEINS 01ml. 25 KILN-68(IND) 60 MSNBC � �� 26 CALIFORNIA CHANNEL 61 GAIAWSION (9AM-3:4509 M-F) 62 THE HISTORY CHANNEL 900 LISTENING ROOM 915 SOFT HITS 26 Cmi xTY kris 63 COMEDY CENTRAL 901 L1TE CLAszAL 917 DANCE 27 CCTV 64 EI 902 JAll VOCAL BLEND 918 11cID JAll 28 KOVR-13 65 Cow TV 903 HOTTEST Hn 919 RERIO DANCE 904 Moosm CouNTRY 920 Gam Dims 67 HOME&GARDEN TV 905 AuTrvE 921 COFFEEMRn 69 BET 906 Awa CowvpORARY 922 CLASsuC R&B 71 TRAVEL 967 CONTEMPORARY CHIHSTiAN 923 Rocx'N'CmR m 908 Rom"If RGu.OLCiEs 924 NEW AGE 72 TV LAND 909 C1Assic ROOK 926 GREAT b oARDs 73. t 910 s' BEAT 927 C i�IHuh L 34 QVC 911 70 76`s HITS 92$ CHILDREN"5 912 WS Hits 929 SMOOTH JAll 913 CLAsm HTrs BLENDS 930 REGGAE TDICITAL CUSTOMERS KEASE RFFER TO CHANHEES$GJ-$14,$44&$51 FOR PAY-ITER4ft VIF.wNW.) 914 ALUM ROCK 936 HOLIDAY&HAPPENINGS - BAW PREMIUM SERVING ANTIOCH,BAY POINT,PITTSBURG 1-800436-1998 EXPANDED BASIC PAY-PER-VIEW CORP#81704600 AGI, HEAK10#2070 ANTIOCH 41•-M APPENDIX. D ABOUT COLUMBIA TELECOMMUNICATIONS CORPORATION Columbia Telecommunications Corporation (CTC) is a nationally recognized engineering consulting firm specializing in providing telecommunications engineering support to state and local governments as well as public, non-profit, and educational institutions. CTC has provided a wide range of technical evaluation, planning, design, and implementation support to clients throughout the United States for sixteen years. CTC's experienced and highly skilled personnel, including engineers, scientists, analysts, inspectors, and technicians,provide comprehensive expertise in the following areas: • Technical support to municipal governments in cable system franchising and technical performance oversight; • Planning, design, and construction oversight of municipal and institutional networks utilizing fiber optic, coaxial cable,radio,wireless, and microwave technology; • Long-term telecommunications planning to identify and evaluate requirements for voice,video, and data transmission needs; • Identification, selection, and oversight of potential vendors to provide voice/video/data applications identified during the planning process; and • Oversight of system construction and implementation. LEE AFFLERBACH,P.E. Chief of Engineering Mr. Afflerbach is a telecommunications systems engineer with over 25 years of experience serving local government clients. Mr. Afflerbach's expertise is in the field of broadband coaxial and fiber optic technology. He has been responsible for the design, testing, and planning of numerous Cable and fiber optic networks for municipal government, public sector, and non- profit clients including universities. He serves as the Engineering Director of Columbia Telecommunications Corporation (CTC) and in this position is responsible for directly overseeing all technical projects. ANDREW L.AFFLERBACH,Ph.D. Senior Scientist Dr. Afflerbach specializes in system-level planning, design and implementation of wide-area and local-area telecommunications networks. Ile has designed and analyzed municipal government communication networks, and has prepared reports prescribing usage of cable television systems in local government communications networks. Dr. Afflerbach also developed proprietary software for modeling of communication networks, which evaluates system performance, reliability and potential costs of alternative designs to minimize future redesign and expense. Dr. Afflerbach has also supervised and performed proof-of-performance testing in Fairfax County, Virginia;Los Angeles County;Detroit; Evanston,Illinois; and Montgomery County,Maryland. ROBERT P.HUNNICUTT Principal Analyst Mr. Hunnicutt is Columbia Telecommunications' Principal Analyst with an extensive background in cable television and telecommunications policy. Mr. Hunnicutt has administered large local government contracts for provision of cable television and telecommunications services; for legal, financial, and engineering consulting services; and for special studies (statistical surveys, financial and management audits). He has drafted contracts and RFPs, selected vendors, and established contract management procedures. He has successfully marshaled cable franchise transfers, implemented FCC rate regulations, and negotiated renewal cable agreements resulting in new services, refunds for subscribers, support for PEG access, and system upgrades. JULIE K.MODLIN Senior Project Engineer Ms. Modlin specializes in project management and system design for city and county-wide fiber optic networks, campus-wide video and data networks, and upgrades to local area wiring and networking infrastructures. She has been responsible for a number of telecommunications projects from requirements analysis and system planning through cost analysis and implementation.. She is currently responsible for overseeing CTC's cable testing and inspection analysis and reporting. Ms. Modlin has conducted and supervised testing and inspection projects in many cities including Laredo, TX, Cincinnati, OH, Columbus, OH, Oakland, CA, San Jose, CA. ROBERT ANDREWS Senior Engineer Mr. Andrews, whose expertise is fiber optic and cable plant construction, provides contract construction coordination and administration services involving the engineering and construction of large-scale fiber optic networks. Ile has 35 years experience in the construction of aerial and underground cabling, and has provided regulatory compliance supervision for over a decade. Mr. Andrews' responsibilities as a fiber optic network construction supervisor include pre- construction walk-outs, problem area identifications, make-ready construction, cable requirements determination, splice locations, break-out locations, aerial and underground cable installation, construction crew supervision, construction quality control inspection, fiber splice coordination, system design and as-built maps. He has also provided site engineering for placement of electronic equipment shelters, including coordination of utility services, concrete foundations and prefabricated bases. Mr. Andrews has utilized his experience to conduct inspections of cable television system plant and report construction design deficiencies and inconsistencies for CTC's clients throughout the country. _._. ABDUL G. KHAN Senior Engineer Mr. Khan has a masters of science degree in electrical engineering and telecommunications and nine years experience with network administration, planning, and configuration. He is knowledgeable in link budgets, RF signaling, Dynamic Channel Allocation, modulation techniques, hand-offs, CDMA, TDMA/GSM and AMPS technologies. Mr. Khan specializes in broadband cable technology in the area of cable technical enforcement testing and franchise renewal support. He is currently involved in the planning, design evaluation, and performance and activation testing of a variety of cable television and institutional networks. ADDENDUM TO CONTRA COSTA COUNTY CABLE TELEVISION SYSTEM TECHNICAL EVALUATION June 2000 Prepared by Columbia Telecommunications Corporation 5550 Sterrett Place,Suite 306 Columbia,Maryland 21044 (410)964-5700+fax: (410)964-6478 ctc@internetcte.com • www.internetctc.com Columbia Telecommunications Corporation (CTC) revisited Contra Costa County to cover two additional areas for the technical evaluation of the cable systems serving the Contra Costa Cable Consortium. In the Technical Evaluation Report we covered four cable systems serving the Cities in the Consortium and the central portion of Contra Costa County. In addition to these systems, AT&T provides service to small unincorporated County areas from the Pinole and Brentwood systems. During June, we conducted a brief review of these systems which included discussions with the operator regarding the design and status of the system and test measurements taken at the headend and random test points. Pinole The AT&T cable system serving Pinole and the surrounding unincorporated areas is a 550MHz two-way capable system. The Pinole headend receives signals over a fiber optic ring connection from the master headend on Rheem Drive in Pleasanton. The fiber ring'carries approximately 125 channels. In addition, several signals, including KVIE and CCTV, the County Channel, are received at a receive site and transmitted to the Pinole headend via a separate fiber link. The Pinole headend serves Pinole (550 MHz), Richmond (450 MHz), El Cerrito (450 MHz), Hercules (750 MHz), Berkeley (750 MHz), and San Pablo (550 MHz). In addition,it provides temporary service to the City of Oakland. The headend includes equipment to form the channel line-ups serving each of the systems. The Pinole channel line-up is included in Appendix A. A SkyConnect system provides local commercial insertion capability. Digital services are provided using the HITS (Headend in the Sky) system. Telephony is provided in the Berkeley system and, following an addition to the building and an upgrade to the system, will be provided in Pinole and Hercules. Standby power is provided at the headend by a UPS and back up generator. The existing generator is scheduled to be replaced with the increased telephony requirements. Distribution System An upgrade for the distribution plant serving Pinole is planned for this year. The current architecture provides service to approximately 14 fiber optic nodes serving approximately 2,500 homes per node. From the nodes, traditional coaxial cable carries the channel line- up to the subscriber. The plant was rebuilt in 1995 to a 550 MHz system with 4 amplifier cascades. One hundred percent of the aerial and 55 to 65 percent of the underground cable was replaced at that time. In addition, all hard shield drops were replaced. The upgrade planned for this year will increase capacity to at least 750 MHz and reduce the number of homes per node. The 1995 upgrade included extra fiber in the system and spaced the amplifiers in preparation for a possible future upgrade. Therefore, very little construction will be required to upgrade to 750 MHz. Modules in the active equipment 1 will require replacement, older Gemini nodes may be replaced with GateKeeper nodes, and some older passive equipment may require replacement. In the distribution system, Alpha 60V power supplies are used to support the active components. Battery back-up is provided at 24 of approximately 88 power supplies. Technical Evaluation On Wednesday, June 6, 2000, CTC engineers met with AT&T technician Steve Rosemont at the Pinole headend. We toured the headend facility, viewed the return path on a spectrum analyzer and took test measurements on the Stealth meter. The results of the test measurements are included in Appendix B. The headend measurements indicate that the headend is operating within the standards required by the FCC for proof of performance. More accurate spectrum analyzer readings (than those taken with the Stealth meter and shown in the upper left graph in Appendix B)were used to determine compliance with the Carrier to Noise requirement. Field Testing Following the inspection of the headend facility, we selected a County area in which to perforin test measurements. We connected the Stealth meter at two tap locations: on Hamden Street and at 601 Marlesta. At the first test point, problems were noted with low signal levels, particularly at lower frequencies. With only the Stealth meter, we did measure the Carrier to Noise but did not evaluate compliance based solely on the Stealth readings. Steve contacted the office and determined that a cable was being replaced on this distribution link, accounting for the problems noted. We moved on to a second location. At the second test point, the results of the test indicated that all measurements were within the required limits. One channel appeared to have been taken off the air at the time of the testing. The results of our tests are included in Appendix B. Brentwood The AT&T cable system serving Brentwood and the surrounding unincorporated areas is a 450 MHz one-way capable system served from the Pittsburg headend. The Pittsburg headend receives signals over a fiber optic connection from the master headend on Rheem Drive in Oakland and forwards the Brentwood channel line-up over fiber to the Brentwood hub. From the Brentwood hub, fiber feeds carry the signal to 8 nodes. From the nodes, traditional coaxial cable carries the channel line-up to the subscriber. The Brentwood system serves approximately 18,000 subscribers. Amplifier cascades in the Brentwood system are approximately 15 to 20 active components. AT&T staff indicate that the design of an upgrade for the Brentwood system is underway that will enable two- way'services. 2 __ ... ......... ......... ......... ......... ....._... ..................................................................................................... ....... The Pittsburg headend also serves the City of Pittsburg with a separate channel line-up using 550 MHz two-way capable equipment. The Pittsburg system serves approximately 55,000 subscribers. Amplifier cascades in the Pittsburg system are approximately 7 active components. Two-way data services are available in Pittsburg using @Home service. The channel line-ups are included in Appendix A. The Pittsburg headend facility also has several satellite dishes and antennas for the reception of signals that are forwarded over fiber to the Vallejo system. A stand-by 125 kV generator at the Pittsburg headend provides back-up power in the event of a loss in primary power. In addition, UPS equipment is used on fiber optic and @Horne data service equipment to prevent loss of power during the generator start-up. AT&T staff indicate that the generator will be replaced with a 400 kV generator to support additional two-way services and telephony. In the distribution system, Alpha power supplies are used to support the active components. Battery back-up is provided at the nodes. Technical Evaluation On Thursday, June 8, 2000, CTC engineers met with AT&T staff at the Pittsburg headend at 550 Garcia Avenue. We toured the headend facility, viewed the return path on a spectrum analyzer and took test measurements on the Stealth meter. The testing at the headend indicated that the system complied with the FCC proof of performance standards. Again, we used a spectrum analyzer in the headend to verify that the Carrier to Noise measurements were in compliance. Field Testing Following the inspection of the headend facility, we selected a County area in which to perform test measurements. We connected the Stealth meter at a tap at 4901 Clipper Drive in Discovery Bay. The results of this test Indicated that all measurements were within limits. The results of our tests are included in Appendix B. Summary The testing of the Pinole and Brentwood systems indicate that the systems meet or exceed the FCC performance standards. The older Brentwood system is limited to 450 MHz of capacity and requires an upgrade in order to support new two-way and additional services. The Pinole system, while upgraded in 1995 to 550 MHz, will require an upgrade to provide additional capacity. AT&T representatives indicate that both upgrades are in the planning stages. \\scrver1\c1ients\contra costa\contra costa addendum.fkm.06 I000.doc 3 Appendix A Appendix B _.. CONTRA COSTA CABLE CONSORTIUM CABLE TELEVISION SYSTEMS TECI-INvICAL EVALUATION UPDATED May 2004 Prepared by Columbia Telecommunications Corporation 5550 Sterrett Place, Suite 200 Columbia, Maryland 21044 (410)964-5700 + fax: (410)964-6478 www.internetCTC.com Table of Contents I. Introduction......................................................................................................................... I II. System Level Engineering Technical Findings......................................................................2 III. Cable Distribution Plant...................................................................................................4 Table 1: Drop Inspection Results................................................................................................ 5 IV. Impact of Broadcast DTV and Interactive Services on the Contra Costa Cable Systems......8 4.1 Cable System Capacity Requirements.................................................................................9 4.2 Potential DTV Services........................................................................................................9 Figure 1: Comcast Channel Line Up Cards..................................................................... 14 Figure 2: Comparison of Picture Quality-Traditional vs.HDTV................................ 12 Figure 3: Comparative Screen Aspect Ratios.................................................................. 13 Figure 4: HDTV Interleaved over Cable.......................................................................... 13 Figure 5: Analog vs.Digital Channels in Six MHz Bandwidth...................................... 14 4.3 Enhanced Services Considerations.................................................................................... 15 L Introduction In March and April of 2000, Columbia Telecommunications Corporation (CTC) conducted a technical review of the cable systems of AT&T Broadband ("AT&T") serving the Cities of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Orinda, Pleasant Hill, Walnut Creek, and other areas of Contra Costa County ("the Contra Costa Cable Consortium"). Our findings are set forth in the Contra Costa Cable Consortium Cable Television Systems Technical Evaluation dated June 2000 (the "2000 Report"). CTC has now been asked to follow up on the 2000 Report by (i) reviewing the status of cable system upgrades in the Consortium area and reviewing recent proof of performance tests for the systems; (ii) inspecting the installation of drop cables; and (iii) discussing the technical characteristics of systems capable of delivering advanced cable services. _ __ II. System Level Engineering Technical Findings In November 2003, CTC conducted a follow-up meeting with Comcast technical staff, the new operators of the cable system, to update the status of the cable facilities and to review the overall system technical performance. Comcast now operates the systems previously owned by AT&T Broadband in the San Francisco Bay area, including the four systems that provide service to the Consortium communities. At the time of CTC's initial inspection, systems were being upgraded to a 750 MHz hybrid fiber- coaxial cable distribution system. According to the updated information provided by Comcast technical staff, the systems serving the communities of Martinez, Pleasant Hill, Lafayette, Orinda, Moraga and small portions of Walnut Creek have been upgraded to 750 MHz. The portion of the system serving Concord, Clayton and Danville has been completed and employs the higher capacity 860 MHz technology. Only the Walnut Creek system remains to be upgraded. The various portions of the franchise areas are served from hub sites or cable plant distribution centers located in the communities of Pleasant Hill, Concord, Danville, Moraga and Walnut Creek. Each hub site has redundant backbone fiber feeds from the master headend and includes backup emergency power for the hub site electronics. The cable plant has back-up power through storage batteries. Average backup capacity for the batteries is four hours in the event of a power failure. The upgraded cable plant is divided into coaxial cable service nodes that pass an average of 700 to 750 residential dwelling units. The maximum length of coaxial amplifier cascades (the number of amplifiers connected in series from the fiber transition node) has been set at five amplifiers. Modern cable systems are typically designed to employ either 7.50 or 860 MHz distribution networks in order to provide sufficient capacity for both analog and digital television programming and the newer enhanced services such as high-speed data modems, video on demand and residential telephone service. In order to provide adequate signal quality and sufficient capacity to support these services, systems are installed with significant quantities of backbone fiber optic cable to serve the node subscriber base and provide reserve capacity for future expansion. Based on the technical information provided by Comcast, it would appear that if additional transmission capacity is needed, the areas served by the 750 MHz plant could be further upgraded in a cost-effective manner so as to provide a uniform area-wide capacity of 860 MHz. We are concerned about the 750-home node size, however. As Comcast rolls out new services and demand for capacity increases, we believe that Comcast will find that it lacks sufficient capacity at the level of individual nodes. It appears that the size of individual nodes on the systems can be further reduced by either splitting or dividing nodes or through the use of frequency multiplexing nodes to increase the overall transmission capacity to subscribers served by that node, but we are not sufficiently familiar with Comeast's design to know how this would be done. We recommend that Comcast be required to explain what steps it intends to take to ensure that subscribers will have access to capacity sufficient to provide adequate service over the life of any renewal franchise. - 2 - Our review of the FCC proof-of-performance data at the time of our revisit confirmed that the system continues to meet the Federal Communications Commission (FCC) requirements for all key technical performance parameters. - 3 - III. Cable Distribution Plant In the 2400 Report, we describe the results of our initial technical review of the cable systems in the franchise areas, which were then operated by AT&T. This inspection found that numerous drops were improperly attached in various ways, and also that many guy wires were missing or improperly installed. On March 8, 2004 CTC conducted a re-inspection of the subscriber drop cables in Pleasant Hill, Concord and Walnut Creek. The purpose of the inspection was to determine whether improper drop installations found in 2000 had been repaired, and to examine the states of drops in the upgraded areas. CTC evaluated drops that were located in plain view, typically street side, to minimize customer disruptions. A total of 24 cable drops were examined, which included eight drops that we had examined in 2000. The re-inspected drops included two in Pleasant Hill, four in Concord, and two in Walnut Creek. Some of the original drops inspected have changed to satellite television or have been disconnected. Out of the 24 drops inspected on March 8, 2004, only six were in full compliance with codes. Furthermore, only two of the eight re-inspected drops had been repaired. Therefore, of the drops examined, approximately 75 percent are not in compliance with current electrical codes. If this percentage is representative, Comcast's systems pose a significant safety hazard. Table I lists the addresses inspected, and photographs of typical violations are provided. CTC found that most aerial drops are non-messenger, which means that the cable does not have either an internal or external strand wire to protect the coaxial cable from excessive strain and possible damage. The cable drops are frequently grounded improperly, with some drops being connected above the roof to power masts, and others being connected to ground rods and water pipes. Current codes require all cable drops to be grounded and/or bonded to appropriate electric service lines, and no drop attachment is allowed to a power mast above roof level. CTC recommends that cable drops be correctly installed in compliance with current codes. This can be accomplished during service calls, installation activities, and by a drop upgrade program. Installation and service procedures should be monitored and documented to ensure compliance with codes. Additionally, a disconnected cable drop still presents a code violation and should be grounded properly or removed. -4 - Table 1: Drop Inspection Results (March 8,2004) DROP Z ADDRESS W° a U �U COMMENTS 1912 Alvina Drive, 1 Pleasant Hill OK OK OK OK YES 1914 Alvina Drive, 2 Pleasant Hill OK OK OK OK Disconnected drop hanging, 348 Maureen Drive, not attached to house or 3 Pleasant Hill OK OK YES 1 grounded 443 Hazeltine Circle, 4 pleasant Hill OK OK Drop attached to power mast 448 Turrin Drive, 5 Pleasant Hill ® OK 2 Unknown ground 454 Turrin Drive, 6 Pleasant Hill ® 3 Splitter on pole 416 Turrin drive, 7 Pleasant Hill OK OK OK OK 1618 Ruth Drive, 8 Pleasant Hill OK OK 4 No visible ground 2630 Crescent Drive, 9 Concord I OK OK YES No ground block 10 2410 Maple, Concord OK OK OK OK YES Two drops, old drop no visible 11 2580 Maple, Concord OK OK YES ground 2866 Garden, Drop disconnected no ground, 12 Concord OK OK YES Satellite grounded to water 13 2285 Acacia,Concord OK OK No visible ground 30712 Ponderosa, 14 Concord I OK OK No visible ground 2385 Hickory, 15 Concord OK OK OK OK 2400 Fairfield, 16 Concord OK OK 5 Grounded to ground rod 3120 Claudia, 17 Concord I OK OK Grounded to ground rod 2425 Jerilynn, 18 Concord OK OK OK OK 19 2120 Athene Drive, ® OK OK Unknown ground - 5 - DROP o d z # ADDRESS ° z U t�7 a COMMENTS Concord 5 Willowbrook Lane, 20 Walnut Creek OK OK YES No visible ground 15 Willowbrook 21 Lane, Walnut Creek OK OK YES No visible ground 1565 Brentwood 22 Court, Walnut Creek OK OK No visible ground 11643 Sunny Court, 23 Walnut Creek OK OK No visible ground 1527 Sunny Court, 24 Walnut Creek I OK 6 Attached to power mast PICTURE I PICTURE 2 DISC.DROP NOT ATTACHED TO HOUSE UNKNOW. GROUND 8� 31 r c. t PICTURE 3 PICTURE 4 SPLITTER ON TAP NO VISIBLE GROUND t F 31 t V rk x 6 PICTURE 5 PICTURE 6 GROUNDED TO GROUND ROD ATTACHED TO POWER MAST x t x - 7 - IV. Impact of Broadcast ITV and Interactive Services on the Contra Costa Cable Systems The FCC has set in motion the process of converting all analog television broadcast stations to digital broadcasting technology, or digital television(DTV). This move will have a major impact for the consumer since there are an estimated 650 million television sets that can receive only the traditional analog services. Last year, only 36,724 DTV sets were produced. In contrast, during the same period over 30,355,101 analog sets were produced and sold in the US market. The DTV units account for only 0.12% of new units. The pace of DTV conversion will affect the Consortium's cable franchises because as long as Comcast is required to carry both analog and digital channels, it will need additional capacity on its cable systems. Once the conversion is complete, the capacity used to carry analog channels will be available for other uses. In a move to jump start the transition, the FCC unveiled a plan in August 2002 to require that all new television sets manufactured for sale in the US market be required to have digital tuners in order to be compatible with the new digital transmission standard. Under this plan, a five-year rollout is provided for the complete transition of TV receivers to the digital format. This leaves the Til set manufacturers faced with the challenge of producing, in the near term, a hybrid receiver that supports both analog and digital formats in a unit that is competitive in price with the analog only system. As a rule, consumers have become accustomed to seeing greater enhancements in electronic equipment, offered at lower prices; this development will no doubt buck that trend and create a degree of buyer resistance. In a Notice of Proposed Role Making (NPRM), issued on January 27, 2003, the FCC asked for industry and public comment regarding the cessation of analog broadcasting. In the NPRM, the FCC targets ending analog broadcasting in the top 100 markets by May 1, 2005.No doubt, there will be considerable debate on this subject, especially considering the large imbedded base of analog receivers. Clearly, the movement is toward the all-digital format, but the question is when? How long will the traditional analog services exist and how long will the broadcasters be operating two systems? The consumer will likely enter this debate and apply pressure for a more gradual transition process. As a practical matter, and in light of the potential economic impact to the consumer, the process might have a more reasonable time frame of 7 to 10 years. This shift in technology will no doubt be viewed by a portion of the public as a new Digital Divide, the disenfranchisement of"Free TV". During this uncertain period, broadcasters will be operating two channels simultaneously; one in analog format, and the other in digital format, with both channels occupying a 6 MHz spectrum. The transmission technology employed on the analog channel is rigidly defined by the NTSC analog standard. The digital mode, however, provides the broadcaster with numerous options. The digital transmission technology selected by the FCC, called 8-VSB, supports a digital data transmission rate of 19.4 Mbps in the 6 MHz bandwidth. This format provides the broadcaster a wide range of alternatives, which include transmission of any combination of multiple _g _ traditional-quality video channels, a single high-resolution video channel, and one-way data transmissions for web broadcasting and other data services. 4.1 Cable,system Capacity Requirements Figures 1 provides a list of the off-air broadcast stations carried on the various cable systems serving the Consortium.. For example, the Danville system currently carries 20 analog broadcast stations, each of which requires 6 MHz of capacity on the system. This means that the system will need to allocate up to 120 MHz for off-air broadcasting alone. The Danville system currently carries a total of 72 analog channels, including the 20 off-the-air channels and others. The analog services thus consume 432 MHz of bandwidth. The additional 20 broadcast stations required for the DTV services could occupy up to an extra 120 MHz, for a total bandwidth of 552 MHz for both the broadcast and analog tier. Add to this the bandwidth for the standard definition digital tier, pay-per-view, interactive services, modems, and telephony, and the near- term requirements easily approach a minimum system forward bandwidth in excess of 700 MHz. The other systems in the Consortium area, other than Walnut Creek, have similar capacity needs and are able to meet them with their upgraded 750 and 860 MHz systems. The Walnut Creek system, on.the other hand,has not been upgraded and currently has a capacity of only MHz. [LEE —I assume you have this figure.] This is the smallest capacity of the systems serving the Consortium. The Walnut Creek system has a total 20 analog off the air broadcast and 35 other analog services for a total of 55 analog channels. These channels require a total of 330 MHz. This system clearly needs to be upgraded to not only increase channel capacity, but to provide a platform to support modern 2-way digital services. 4.2 Potential DTV Services DTV can be presented as either high definition television (HDTV) or standard definition television (SDTV). HDTV and SDTV are modulated differently and have different bandwidth requirements, screen aspect ratios, video resolutions, and sound formats. The following discussion describes the key differences between HDTV and SDTV; while not directly relevant to franchise requirements, it fin-ther illustrates how technological developments affect bandwidth requirements. HDTV HDTV rules were first drafted by various industry groups in 1993 and adopted by the FCC in December 1996. High definition: television or HDTV mote that the "d" is for "definition," not "digital,") is quite different from traditional television in that it provides remarkably greater clarity and larger picture size. There is also a great deal more information transmitted with HDTV signals that enables other advanced services, such as surround sound. The most noticeable differences in HDTV are greater resolution,wider screen, and additional features. - 9 - _ _ __.. Figure 1: Cameast Channel Line Up Cards BMWIld9 Akw 1 cwo Sb . 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The standard television picture screen has a clarity or "resolution" of 525 of these lines, the total of which electronically produces a complete picture many times per second. HDTV has a clearer picture than analog television because it has more lines of resolution - up to 1080 lines of resolution-- and reproduces a complete picture many more times per second. This permits much greater detail, or higher "definition", as the name implies. Figure 2 below shows pictures intended to represent the difference in HDTV picture quality. Figure 2: Comparison of Picture Quality-Traditional vs.HDTV u Traditional resolution HDTV resolution Wider Screen The traditional TV screen has an "aspect ratio" (the relationship of its width to its height) of 4 to 3 (4:3). HDTV uses a different screen than traditional television screens. On an HDTV television the picture is presented with a wider screen, one with the same aspect ratio (16:9) as a motion picture theater screen. This difference compared to the traditional television picture - 12- screen is illustrated in Figure 3. Note that more of the scene is visible to the left and right on the HDTV screen. Figure 3: Comparative Screen Aspect Ratios Traditional aspect ratio HDTV aspect ratio s 4 16 Additional Features The HDTV signals also carry more information than SDTV that enables HDTV to provide other content such as alternate languages, subtitles, and enhanced audio services such as surround sound'. Bandwidth Over the air, an HDTV transmission using the 8-VSB-transmission format might be able to require up to the full 19.4 Mbps. In order to reduce bandwidth requirements on the cable systems, cable operators have been re encoding the digital transmission of HDTV stations at the headend to a more efficient QAM 64 or QAM 256 format so that two HDTV transmissions can be processed to fit on a six MHz channel,depending on the modulation and interleave scheme(see Figure 4). Figure 4: HDTV Interleaved. over Cable 2 HDTVTrensm4tted over 2 HDTV'Channels Channels we 6 MHz Cable Channel Received 1 3 - 13 - A special HDTV digital decoder/converter is required at the subscriber residence to receive and decode HDTV channels for display on television sets capable of displaying HDTV. The digital tunerin the HDTV receiver is intended to decode/receive the broadcast DTV signal that is transmitted in the 8-VSB formats. This enhanced digital converter supporting both HDTV and SDTV format are available from manufacturers such as Scientific Atlanta and General Instruments. SDTV Standard Definition Television (SDTV) is the closest digital counterpart to analog NTSC, with resolution up to 720 x 486 pixels displayed with a 4:3 aspect ratio (see Figure 4). On a cable television system, the six MHz allotted for one analog channel can accommodate 10-12 SDTV channels (see Figure 5), although in practice most cable operators tend to encode 6-8 SDTV channels on each six MHz spectrum to preserve video quality and resolution. Cable systems employ either 64-QAM or 256-QAM encoding technology for maximum effect use of the cable spectrum. A broadcast station using the SDTV format and the 8-VSB encoding might be able to transmit up 2 to 4 SDTV signals in the 6 MHz.bandwidth Figure 5: Analog vs.Digital Channels in Six MHz Bandwidth Analog Channel 4 CarAw 6 MHz Channel Digital Channels Time Division Multicost of up to 12 Digital Channels {12 time skts} 6 MHz Channel In addition, the method in which digital television stations are transmitted over-the-air is different from the way cable operators transmit digital stations over landlines. For example, if a television station changes its digital programming or channel mapping at any point, over-the-air television receivers will be able to detect the change and correctly display the television channels. Cable set-top boxes,however, cannot detect the same change in programming and may display.inactive over-the-air channels as blank screens rather than switching to the correct digital - 14 - _... .... .... _. .. ._..... ......... ... ......... ........ ...._ _...... ............. .. .... ........ .. .. __...._..... .. _.. ....... ....._.... .......... channel. Cable operators must be able to resolve these technology issues as over-the-air television broadcasters shift to digital programming. 4.3 Enhanced Services Considerations In addition to DTV, modern cable systems need to be able to provide interactive services. With regard to overall system performance for interactive services, a key factor is the amount of fiber optic',cable in the system. The fiber cable represents a seamless communications path between the headend or signal source and the end subscriber. The overall goal is to minimize the quantity of coaxial or electronic components and at the same time maximize the proportion of fiber cable. The HFC design segments the cable system into many sub-systems or fiber service node areas. On the average, it has become common industry practice to constrain node sizes so that no more than 750 residential dwelling units (RDU) are served by a single node. This is more or less consistent with the architecture being employed in the Contra Costa County upgrades, but many cableoperators are installing even smaller nodes. We note that systems that support a growing cable',modem base and that have introduced Video On Demand continue to decrease their node sizes. This is motivated by a need to provide greater throughput to customers in for both reverse and forward traffic. Inadequate node sizes can result in blockages or delays in modem service and busy signals in acquiring video on demand services, since other users tie up the channels. These fully interactive systems have targeted node sizes more in the 200 to 300 home passed range. The smaller node size is a critical component for developing an effective interactive system that supports high speed cable modems and VOD services. Consequently, we believe that node sizes of 500 subscribers or less are necessary to provide advanced services effectively. Cable operators can reduce these problems by increasing bandwidths and reducing the number of users that share the same capacity. This translates into smaller node sizes, improved multiplexing techniques and more transmission bandwidth. The cable operator over the life of the franchise will need to work with all of the parameters to meet future user demands, it is therefore important to ensure that any system design employed has built in option for continuous system enhancement. Contra Costa,CA\CTC technical update(05-08-04),DOC - 15 - Contra Costa County I-Net Requirements Update May 2004 Prepared by Columbia Telecommunications Corporation 5550 Sterrett Place Suite 200 Columbia, Mb 21044 410.964.5700 www.intemetCTC.com Table of Contents Background..................................................................................................................................... 1 OverallDesign Approach............................................................................................................... 1 Contra Costa.Countv I-Net Model..................................................................................................2 Figure 1: Conceptual I-Net Desitin Model..............................................................................3 TypeA Sites. ..........................................................................................................................3 TypeB Sites............................................................................................................................. 5 TypeC Sites............................................................................................................................ 6 Conclusion................................................................................................................. ..., 7 Background Over the past 48 months, the Contra Costa Cable Consortium ("Consortium") has conducted a more or less continuous examination of the user requirements and alternative approaches for constructing and operating an Institutional network ("I-Net") for providing high capacity and cost-effective communications transport services. The participating communities and Comcast have examined the feasibility of a dedicated fiber optic based I-Net. The Comcast (formerly AT&T Broadband) report titled the "I-Net Operational Concept Document" dated May 2001. presented a detailed design for building a large-scale, discrete Institutional Network, relying on installation of dedicated fiber optic lines to serve all of the designated sites. CTC was retained by the Consortium to examine alternative approaches for the delivery of I-Net services to participating agencies. Over the past six months, CTC has worked with the Consortium to develop an approach that we believe is more cost-effective and efficient than the traditional approach used in the Comcast concept document. Our new design uses newer technologies that integrate the traditional voice, data and video services into a common broadband network and thereby allow the cable operator to take advantage of the capacities of the existing subscriber network to address all or a portion of the I-Net requirements. While innovative, based on our experience in other communities, this approach is feasible, with the cooperation of the cable company. Overall Resign Approach Over the nearly three years since the release of the Comcast "I-Net Operational Concept Document," significant advances have been made in cable-related technologies that no doubt will greatly impact the implementation of a major network such as a potential Contra Costa I- Net. Specifically, the much greater capacity of cable modem networks coupled with improvements in reliability and security, achieved through enhancements to technology standards and upgraded cable system designs, make them potential candidate carriers for at least a segment of the I-Net services. Virtual Private Network (VPN) technology can be used to encrypt data over a shared network, effectively securing and segmenting I-Net user groups to meet the most stringent of privacy requirements. Voice-over-IP (VaIP) technologies allow for reliable integration of voice traffic on the same data stream, and thus might negate the need for the many discrete fibers suggested in the earlier Comcast plan. In a similar fashion, traditional analog transmission of video may no longer be a requirement on the network. Here too, the video will no doubt be integrated into the traditional digital traffic network. The digital path will naturally need to be conditioned to meet the specific throughput and latency requirements of specific applications such as conferencing, PEG program feed, and traffic vehicle monitoring, which is an inherent capability of modern cable modem networks. This report provides a summary of the estimated requirements for service at each of the designated I-Net sites. This model has been developed using requirement information assembled from meetings with the technical staff of participating agencies, earlier survey data drawn from the Comcast study, and review of clearly defined trends in the telecommunications industry. The earlier Comcast model focused on fiber plant, staffing and equipment. It served essentially as a template for building a complete network.. In this report however,the focus is on user needs, requirements, network functionality, and applications for the franchise renewal period. The design and transmission technology options are left to the cable company, though the specified requirements are based on our knowledge of the available technologies. Contra Costa County I-Net Model In order develop a systematic approach to establish I-Net communications requirements for the Franchise Renewal RFRP, the Consortium has established a "General" system level design model. This model is intended to provide the cable operator with functional requirements based on the aggregate communications traffic load for existing and proposed services at each I-Net site. The model defines the requirements for capacity, logical connectivity, and user interface at each site. The model is intended to support communications traffic comprised of a mix of voice, data, and video services over a common integrated digital network. The design model defines three classes of sites, categorized by common communications service requirements. The highest level of service, characterized by Type A sites, consists of high- capacity, highly reliable connectivity having symmetrical bi-directional capacity. Type B and C site requirements are defined so that they will adequately address the needs of the users while allowing the cable operator to construct communications facilities to meet the requirements with maximum integration of the cable plant assets. Figure 1 illustrates the requirements and logical connectivity of the three categories of facilities. - 2 - Figure 1. Conceptual I-Net Resign Model TYPE A SITETYPE A SITE b , ' Ore-Way and or*-WayA and 'Two-Way VidaaTwo-Way Video N i a ; a a IP ; 1A ' videocooemneing Servers t Y Vxieoconfisrenc6ng Servers f Cectral Arps; ; Central Apps a r IP Te6aphores IP Telephdr�s , a i e e a 1 TateAhane PBX n Telephone PBX y 100 Mbps- 45 Mbps» 1 Gbpa 10Q Mbps I-Net Coro Resources w Symmetrical Services (Point•towPoint htiavwave,Prlvete ' ,,4;aiZle Modem,Gigabli Ethernet,eic. A Non-Symmetrical Services (cable modem service,03L.etc.) ; VidenlereneSng A Servers 'c -------------- TYPE C SITE ' 10 Mbpa-100 One-way and � %a hfts n 1p;TelePtrones Two-v�tay 'aCners 2.5 Mbps is 20 Video M"Up TYPE C,SITE aAl 'a A akbb S S 6 is 5 ,'{ as ntAa 6P LkeV iP v1d0000nl4rancing , Video Taiq'ones/ TYPE 8 SITE TYPE B SITE Type A Sites Type A sites are likely to have critical communications needs, and most will support some degree of centralized services for a number of other sites. Therefore, communications for these facilities must be highly reliable and support the high-level of capacity found within existing - 3 - local network connections. Additionally, the communications must provide symmetrical capacity bi-directionally for hosting central client/server applications, and should allow for scalability as local requirements and central services are expanded. Initial connectivity to the backbone network must support high-speed data for the transfer of bi- directional information that is time delivery critical, meaning that capacity and Quality-of- Service (QoS) must be deterministic. Services that may be provided include, but are not limited to: • Two-way interactive full-motion video, such as high quality videoconferencing; • High resolution images and large data files, such as Geographic Information System (GIS) files; and • Two-way voice communications, including IP telephony, traditional circuit-based telephony and PBX trunks, and public safety radio system trunking. The network connectivity for all Type A sites must meet certain minimum QoS parameters to effectively support interactive applications, such as Voice-over-IP (VoIP) and videoconferencing. The following parameters shall be met for all network traffic up to the maximum rated bandwidth for links providing connectivity for Type A sites: • End-to-end, one-way transmission latency shall not exceed 10 ms from any Type A site to any other Type A site; • End-to-end, one-way transmission latency shall not exceed 50 ms from any Type A site to any Type B site; • Peak packet jitter shall not exceed 10 ms for transmissions from any Type A site to any other Type A or Type B site; • Average packet jitter shall not exceed 500 }ts over a 24-hour period for transmissions from any Type A site to any other Type A site; • Packet loss shall not exceed 0.1% for transmissions from any Type A site to any other Type A site; • Packet loss shall not exceed 1% for transmission from any Type A site to any Type B site; • Transmission link availability shall exceed 99.999% (no more than 5 minutes of unscheduled link outage per year)from any Type A site to any Type B site; and • Transmission link availability shall exceed 99.9% (no more than 9 hours of unscheduled link outage per year) from any Type A site to any Type B site. If aggregate transmission requirements exceed the capacity of the link provided for a Type A site, then QoS mechanisms must be implemented over the network connection to meet the minimum QoS parameters for user specified applications. QoS mechanisms employed over I- Net connections must provide standards-based methods for traffic identification and must be supported by County network equipment at Type A. sites, including IEEE 802.1 p frame tagging and IP Precedence Toy field marking. A wide range of network technologies and physical interfaces are acceptable, including 100 mops Ethernet, SONET (OC-3), and ATM (155 Mbps). Both fiber optics and spread spectrum -4 - digital microwave (licensed) technologies might be acceptable backbone communications mediums for Type A requirements. The following are the minimum capacity projections for Type A sites: • Near term(3-5years): 50 - 104 Mbps, bi-directional • Long-term(5-10years): 200 - 500 Mbps, bi-directional Tie B Sites Type B sites represent low-capacity network client entities requiring access to external network resources, but would not typically host central services for other facilities. Most communications will occur "downstream" from other network resources, including central County services and the Internet, to Type B sites. However, connectivity to the backbone network must support some level of "upstream" capacity for bi-directional applications, including time delivery sensitive services such as videoconferencing and IP telephony. Services that may be provided include, but are not limited to: • One-way reception of full-motion video; • Two-way interactive video of a quality suitable for videoconferencing and training applications; • One-way reception of high resolution images and large data files, such as Geographic Information System(GIS) files; and • Two-way voice communications, including IP telephony. The network connectivity for all Type B sites must meet certain minimum QoS parameters to effectively support interactive applications such as VoIP and videoconferencing. The following parameters shall be met for all network traffic up to the maximum rated bandwidth for links providing connectivity for Type C sites: • End-to-end, one-way transmission latency shall not exceed 50 ms from any Type B site to any other Type A or Type B site; • Peak packet jitter shall not exceed 10 ms for transmissions from any Type B site to any other Type B or Type A site; and • Packet loss shall not exceed I%for transmissions from any Type B site to any other Type B or Type A site; and • Transmission link availability shall exceed 99.9% (no more than 9 hours of unscheduled link outage per year)from any Type B site to any other Type B or Type A site. If aggregate transmission requirements exceed the capacity of the link provided for a Type B site, then QoS mechanisms must be implemented over the network connection to meet the minimum QoS parameters for user specified applications. QoS mechanisms employed over I- Net connections must provide standards-based methods for traffic identification and must be supported by Consortium network equipment at Type B sites, including IEEE 802.1p frame tagging and IP Precedence ToS field marking. - 5 - A wide range of physical interfaces and network technologies are acceptable, including 10 Mbps or 100 Mbps Ethernet, Digital Subscriber Line (DSL), cable modems, SONET and ATM. Fiber optics, coaxial cable, spread spectrum digital microwave (licensed or unlicensed) technologies, and a variety of twisted-pair copper wire appear to be acceptable communications mediums for Type B sites. The following are the minimum capacity projections for Type B sites: • Near term(3-5 years): downstream 10 Mbps, upstream 2.5 Mbps • Long term (5-10 years): downstream 100 Mbps, upstream 20 Mbps Type C Sites Type C sites represent typical network clients requiring high-capacity access to central resources at Type A facilities, and may require high-capacity access to other Type C facilities. Type C facilities are directly linked to a central network facility, or hub, (usually a City IT center) through a point-to-point connection via dedicated cable infrastructure (fiber or copper) or an alternate wireless transport system providing standards-based network interfaces. Type C sites are not candidates for provisioning connections over any form of shared network infrastructure lacking guaranteed performance attributes, although Time Division Multiplexed (TDM)-based permanent virtual. circuits (PVC) over a connection-oriented backbone, such as ATM or SONET, could be considered acceptable. Communications between other sites on the network are by way of the connection to a central network hub (Type A site). Type C sites are likely candidates for the increased deployment of two-way communications services, and may be utilized to host some portion of distributed network services, thereby requiring symmetrical bi-directional capacity. Initial connectivity to the backbone network must support high-speed data for transferring bi- directional information that is time delivery critical, meaning that capacity and QoS must be fairly deterministic. Services that may be provided include, but are not limited to: • Two-way interactive full-motion video; such as high quality videoconferencing; • High resolution images and large data files, such as Geographic Information System (GIS) files; and • Two-way voice communications, including IP telephony, traditional circuit-based telephony links, and public safety radio sites. A wide range of network technologies and physical interfaces are acceptable, including 100 mbps Ethernet, SONET, and ATM. Both fiber optics and spread spectrum digital microwave (licensed and unlicensed) technologies appear to be acceptable backbone communications mediums for Type C requirements. The following are the minimum capacity projections for Type C sites: • Near term (3-5years): 22 Mbps, bi-directional • Long-term(5-10years): 100 Mbps, bi-directional - 6 - Conclusion We believe that the foregoing approach offers a way for Comcast and the Consortium to make efficient use of cable technology, including existing plant, in order to meet the needs of local public agencies within the Consortium. It is not the only feasible approach to meeting those needs, for example, the earlier Comcast concept document would also meet those needs. Jur innovative approach, however, would allow extending I-Net services to more sites at a lower overall cost. 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F... ..o � .ti .o.a .� � y O a � � � U � •.-� 7� o ` N vi N co - p bU vy ✓' N p, z" �' o cs v7 v� N r� ,�, oc M N N rti p N V) C3� C N d N C C-4 00 OO 01 � dJ � � to cd a 't o y, O a. >1o ami > ° 'u 4. .� a U > 6m Ln 3 �" _. . , 411, 41 u,�, rJU � U �JC1' LN 0� CIS y k rrFq u C) u n,. 74, k� °e�. z •...�, . > 8 to tu 4 rte �'4 p ° PRELIMINARY I-NET OPERATIONAL CONCEPT DOCUMENT Contra Costa County Consortium May 14,2001 Prepared by: Roger Cox, Project Manager Table of Contents I INTRUI)U!QTION 3 1.1 PURPOSE 3 1.2 GLOSSARY 3 1.3 DOCUMENT OvERviEw 4 2 PROJECT UNDERSTANDING 5 .1 EXECUTIVE SUMMARY 5 3 APPROACH: 7 3.1 PHASED IMPLEMENTATION 7 3.2 PEIR:IoDIC DESIGN REviEw 7 3.3 PROJECT MODEL 7 3.4 BUDGET ALLOCATION 8 4 PRELIMINARY SCOPE CJB'WORK 9 4,1 INCLUDED-.DETAILED LEVEL OF SERVICE 9 4.2 ACKN+Gt'4 ..LEDGED—SERVICES AND FUNCTIONALITY 10 4.3 ExcLUDED-- SERVICES AND FUNCTIONALITY to 4.4 DELwERAIiLFs 10 5 BU GETARY ESTMTATE FOR RE!JO URCES AND COST 12 5.1 BASIS OF DESIGN AND BUDGET 12 5.2 STAFmG REQUIREwNTs AND MANPOWER ESTIMATES 13 5.3 SCmDULE 13 5.4 COST ESTIMATE 13 5.5 COST TABLE 14 Page 2 of i4 I INTRODUCTION 1.1 Purpose This document is intended to provide a conceptual overview of the Institutional Network, I-NET, for the Contra.Costa County Consortium and set forth for the consideration of all parties a process of design and review over the span of the project to assure that current technologies are considered such that the needs of the Consortium are met within the negotiated budget. The preliminary title is to indicate that this is a working document and will be revised as needed and as requests and needs of the Consortium are known. The preliminary Operational Concept Document will dune the scope of the I-NET project that the Consortium proposes (what specifically is and is not covered), discuss the approach and structure of the project, present a budgetary estimate and enumerate the assumptions and basis for the estimate. All cost estimates provided as part of the Operational Concept Document are estimates only and will be adjusted as necessary to meet the requirements established in the Analysis and Design phases of the project. The intended audience of the Operational Concept Document is designated representatives of Contra Costa County and the collective members of the I-NET Technical Team from both. Franchisee and the County Consortium. 1.2 Glossary 1.2.1 Definitions Installation -Bringing service/products to an individual site. Installation Demarcation-Point of connections with main distribution frame of the site local area network Integration -Local area network(LAN)recognition into municipal area network(MAN) Main Distribution Frame -Central paint for local area Network(MDF) Maintenance Demarcation-Fiber connections at the minimum point of entry and the core network electronics. Technical Team- Technical representatives for the Contra Costa County Consortium and Franchisee who will meet regularly to review design, progress and budget. 1.2.2 .Acronyms I-NET--Institutional Network LAN -Local Area Network ?MDF—Main Distribution Frame M POE—Minimum Point of Entry 1.2.3 Abbreviations Franchisee--various Franchisees in Consortium territory Consortium —Contra Costa County Cable Consortium Site-A designated I-NET location Page 3 of 14 1.3 Document Overview This document shall be organized in general conformance with the outline specified by the PB Telecommunications, Inc. I--? 'T documentation standard. Section 1—Provides an overview of the Operational Concept Document. Section.2—Provides an overview of the project understanding-(ExecutiveSummary) Section 3—Provides an outline of a possible approach to use to further dune then complete the I-'-NT-T project. Semon4—Provides a preliminary scope of work that describes the structure and level of service under consideration to be provided. Section 5-Provides a budgetary estimate for resources and cost. This estimate includes the assumptions and the specific line items that were used as the basis of the preliminary estimates. Page 4 of 14 2 Project Understanding .2.1 Executive Summary 2.Ll Background Franchisee is negotiating a renewal of its franchises with certain jurisdictions of Contra Costa County, now negotiating as the Contra Costa County Consortium("Consortium"), to provide an upgraded cable television system for the use of some of the residents of Contra Costa.County, The Contra.Costa County Consortium has requested Franchisee to provide cost estimates for the Consortium's proposed Institutional Network, or I-NET. The I-NET is a municipal area network connecting approximately 200 to 225 sites throughout the Consortium. The I-NET may provide data, voice, video, and traffic services across a dedicated fiber network.. Franchisee is currently working as a part of a Technical Team with representatives of the Consortium to understand the specifics of the Consortium's requested network requirements, functionality, and.design. 2.1.2 Project Description The Preliminary Operational Concept Document will outline the estimated costs of the I-NET configuration and services requested by the Consortium and within the constraints of Franchisee's fiber infrastructure design.. Bath the scope ofwork and the costs will be affected by the discovery in the analysis and requirements phases(See APROACH: Project Model Section 3.3),which will result in a detailed design. The specific crests associated with each site can only be determined after a detailed analysis of that site is completed. A project model(:Section 3.3)has been proposed in order to facilitate the implementation of the I-NET, which incorporates analysis, requirement specification, design, scope of work installation, implementation and configuration, integration, turnover, and maintenance. The Consortium is proposing a team approach is being proposed to implement the project incorporating technical and project management staff from the Consortium and from Franchisee. This Technical Team may be responsible for the processes of analysis, requirements specification and design. In addition, the Technical Team may make mission critical decisions and periodically review progress and budget throughout the course of the project. The Contra Costa.County I-NET, as proposed herein, will utilize a hybrid network topology consisting of a self Dealing NTMI SONET core ring with a hub and sp. rke cascadeddistribution, i which will provide six ngle de 1Sbers to appto 225 designated sines with 1 ? s Ethernet service(see Fig 1).,,--U'.'-'der this proposal, these individual sites will be co tai"�idfe- iat ~&if i odor site and then connected to aural core network. This I-NET will provide connection as appropriate between facilities in specified groups such as law enforcement, government, and education. The services provided for by this OCD will be specified.in Section 4. The network will be designed so as to support the addition of other services as specified by the technical.team. The establishment of security protocols will be a high priority of the Technical Team. As part of providing general connectivity, the I-NET may incorporate security protocols including firewall technology to prevent unauthorized access by any group or any site not specifically authorized. These protocols may also isolate and protect confidential communications in routine activities. Page 5 of 14 Data communications traffic of the Consortium will be separated from that of the schools, for example. As the implementation of the I-NET will be a multi-year project, the Technical Team may, over time, be responsible for evaluating changes in technology, which may affect the success and/or efficiency of the I-NET. The Technical Team shall make recommendations regarding the adoption of any new technology and may be responsible for defining and initiating changes to the design and budget. It is ekpected that new technology may be implemented within the budget established at the completion of the initial design phase. Changes to the design,will be subject to review and approval by Franchisee and the Consortium. 2.1.3 Budgetary Estimate The complete estimated cost of the I-NET project remains under development, as some features of the I-NET require additional discovery and analysis. The budgetary estimate is based on a number of assumptions that are outlined in detail in Section 5.3, and includes the cast of equipment and labor to implement services and functionality, which are designated as"Included" in this OCD. Other designations: "Acknowledged" and"Excluded"will also be used to describe servicesand functionality. "Acknowledged" services and functionality have been requested, however, no budget is provided at this time due to the additional discovery and analysis that is required'to adequately define the equipment and labor required to implement. "Excluded" services will not be provided as part of this proposed I NET project and are stated in this document in order to provide clarity. Items, services, and functionality that are not specifically identified as"Included"or"Acknowledged" are not provided as part of this proposal and are considered"Excluded" by default. The basis used to estimate the cost of equipment, including installation, configuration and integration for the data portion of the I-NET, is the Cisco product line. There is not a commitment at this time to use Cisco products. Franchisee Engineering may substitute products of equal functionality and warranty. The cast estimates of the fiber construction are based on F'ranchisee's average costs of construction. The cost estimates of other services, voice video, traffic will be based on industry standards for equipment, installation and configuration. The cost summary includes a standard estimated cost for incremental fiber construction. Certain areas within the Consortium have already received upgrade fiber construction, which did not specifically provision for I-NET functionality. Additional discovery and analysis is required in order to accurately understand the additional construction casts that may be required in these areas. Page 6 of 14 3 Approach 3 I Phased Implementation Under this proposal, Implementation will be a phased approach based upon the construction schedule of the fiber network. As each phase is defined, Franchisee will prepare a Scope of Work for that phase. 3.2 Periodic Design ReWew Due to the proposed multi-year implementation schedule, and the rapid changes in technology, the Technical Team may engage in periodic design review to evaluate current technology as it applies to the currently developed scope of work. The Technical Team may submit for approval to Franchisee and Consortium proposals for new technology that enhances the I-NET'S capability to meet the published requirements developed by the Technical Team during the requirement phase (see Project Model section 3.3). Any requested design changes will be subject to review and approval by,Franchisee and the Consortium. 3.3 Project model 3.3.1 Analysis The Technical Team will evaluate the needs of the Consortium as they relate to the I-NET; propose the sites that will become part of the I-NET network; evaluate the geographical location of the sites with respect to the Franchisee Node System; propose the functional grouping of the sites; and asses the cabling and connectivity needs of each site. 3.3.2 System Requirements The Technical Team will propose system requirements and functionality for the I-NET sites in the current construction phase. These requirements will be the basis for the Design and Scope of Work 3.3.3 Design The'Technical Team will propose a detailed Design that specifies the topology of the I- NET and the specific active equipment for use at the care network,the distribution layer and the specific sites in the current construction phase. 3.3.4 Scope of Work The Scope of Work will identify the specific tasks, equipment and procedures to be followed to implement the network design approved by the Franchisee and Consortium., and will include Security and Configuration policies, 3.3.5 Installation and Configuration Installation of active equipment at the core network, distribution layer and individual sites will be phased based upon the construction schedule for the subscriber fiber network. Pate 7 of 14 Once fiber is available at an I-NET site and connectivity to the core is established the Franchisee may install equipment and configured to recognize the care network. 3.3.6 Integration of Sites The Franchisee will establish Security and Configuration policies to allow each site access to the I-NET. Integration of sites will be phased based on the installation and configuration schedule for the specific related groups(i.e.: schools, libraries, police, government and administration) as defined by the Technical Team in the Analysis phase and approved by the Franchisee and Consortium. 3.3.7 Turnover After each site has been integrated with the I-NET, the Franchisee will relinquish control of the site to the Consortium, and/or site owner. 3.3.8 On-going Maintenance Maintenance of the outside fiber optic cable plaint will be the responsibility of Franchisee. Maintenance of the Core and Distribution layer electronics will be through a maintenance contract between.the Franchisee and the Consortium. Maintenance of the site electronics will be the responsibility of the site owner. 3.4 Budget All"attion The Franchisee and Consortium will negotiate the overall budget allocation for the I-NET as part of the franchise renewal negotiations. Resign changes will be subject to review and approval by Franchisee and the Consortium. Page 8 of 14 4 Preliminary Scope of Werk 41 Included-Detailed Level q f Service 4.1.1 The cast estimate, provided in Section 5 of this OCD, is based on a model average per site cast and should be able to be scaled up or dawn according to the needs of the Consortium. The final number of sites is still under negotiation between Franchisee and the Consortium. 4.1.2 The Franchisee will provision each of the several I-NET sites with 6 single mode fibers, terminated within each site at the MPOE, unless a specific exception is granted for a specific site or group of sites. Each site will also have a cable connection ftom the I IPOE to the network l�F. 4.1.3 The Franchisee will provide each site with 100OMb/s Ethernet service unless a specific exception is granted for a specific site or group of sites. 4.1.4 The Franchisee will prevision each site with an electronic connection, i.e. interface card, switch or router,to enable communication with the I-NET 4.1.5 The core of the network will be an AM/SONET backbone system with sufficient back plane capacity to support each site(not to exceed 225 under current assumptions)with service of 1000 b/s Ethernet. The I-NET will utilize a hybrid network topology consisting of a self healing ATNVSONET care ring with a hub and spoke cascaded distribution(see Fig. 1). 4.1.6 Implementation of the I--NET may require the installation of additional fibers from certain antral hubs to the outer distribution hubs. The cost of fiber at the core of the network cannot be accurately determined without additional discovery and design. 4.1.7 The security of the network may include firewall protection separating County, schools and other key functional areas as defined by the Technical Team in the Analysis phase, and other measures as required to maintain the security of the networks as designed by the'Technical Team. Page 9 of 14 4 2 Acknowledged--,,services and l+unctionalily 4.2.1 Voice Over IP maybe supported by the I-NET design. Capacity on the system equivalent to four(4)T 1 connections for each site is acknowledged, at a preliminary cost estimate of$2,200.00 per site. 4.2.2 Maintenance of the Gore and Distribution layer of the network is acknowledged at a preliminary cost estimate of$ 132,000.00 per year. Maintenance of the outside liber optic cable plant is the responsibility of Franchisee according to its normal terms and.conditions. Maintenance of the Gore and Distribution layer electronics will be through a penance contract between the Franchisee and the Consortium. Mainu ante of the site electronics is the responsibility of the Consortium or site owner. 4.2.3 The desire to connect into the existing I-NET installed in Concord and Walnut Greek by eren is acknowledged. The specific details of this connection are still to be decided, and are not included in this cost estimate. 4.2.4 Traffic and Telemetry Systems are acknowledged to be of interest by the Consortium. The specific details of the tic system are still to be decided, and are not included in this cost estimate. 4.3 Excluded—Services and Functionality 4.3.1 Internet Service Under this proposal, .Internet service to the I-NET sites will be supported by the I-NET design; hoawever, 1flt_ernet service is s e+cilic NOT ,rovisioa 4,3.2 PEG This Preliminary I-NET Operational Concept Document dotes not address PEG design, capabilities and cost.., PEG issues are the subject of a separate document and process. 4.3.3 Video Specific video requirements of the I-NET have not been determined. Digital video across the IP network will be supported by the I-NET design; however, aideo eanabilxty is sRecifically Rrovisioged. 4.4 Deliverables Consortium I-NET proposed deliverables include; • One cable containing six, single mode fibers to each I-MET location included in current phase, unless otherwise specified. Outside construction(labor and materials)to the MPDE of each site included in current phase. • Inside plant construction(labor and materials)to the_MDF of each I-NET site. • A detailed Scope of Work for each phase of the implementation identifying which I-NET locations,are to be included. Page 10 of 14 • Approved security and configuration protocols for each location included in current phase. + Provide, Install, Configure, and Integrate active equipment rewired to provision the Core network and Distribution layers, at each phase, sufficient to deliver 1000 Mb/s Ethernet service to each I-NET site. Provide, Install, Configure, and Integrate all active equipment required to connect I OOOMb/s.Ethernet service from each I NET site to the core network. * Core and Distribution layer Maintenance contract. Page I1 of 14 5 Rudgetary Estimate for Resources and Cost 5.1 Basis of Design and Budget A proposed distribution of the I-NET sites within the node system of Franchisee is not currently established. An approximate model('Preliminary Network Resign)has been created in order to provide the Consortium with a rough budgetary estimate for resources and cost for its,proposal. In addition to the preliminary network design the following assumptions and basis were used to create the estimate. Please note that the estimates for resources and costs are subject to change at the completion of the Analysis, requirements and Design phases of the project model and do not includeConsortium discretionary costs such as permits or fees associated with the construction. They include only direct fiber construction costs, equipment, and installation labor solely for the I-NET. 5.1.1 Consortium Proposal Assumptions 1) Title and responsibility for all active equipment at the several I-NET sites will revert to the Consortium at turnover. (See project model) 2) Maintenance of site electronics and inside cabling is expected to be the responsibility of the I-NET site owner. 3) Maintenance of the fiber infrastructure from the MPOE to the network:care is expected to be the responsibility of Franchisee. 4) Maintenance of active equipment in the core and at the distribution layer is expected to be the responsibility of the contracted network management group. 5) Traffic and Telemetry sites are specifically NOT addressed for equipment or fiber in the budgetary estimate. 6) Capability for video, and Internet access are provided for but not provisioned under the I- NET Operational Concept Document. 7) Incremental fiber infrastructure construction coasts are included in the coast estimate. 8) Costs of new construction of core fiber infrastructure have been included in this estimate. 9) Franchisee will provide all products and services as required to implement the I-NET project through integration of the core and distribution layers of the network. 10)Individual site requirements and coasts are also identified. Additional services and products may be required from.Franchisee to integrate the several I-NET sites into the network. These services do not include: + Abatement of hazards including hazardous materials within the individual I-NET site. This will be the responsibility of the I-NET site owner. • Provisioning of adequate power and HVAC for the site. This will be the responsibility of the I-NET site owner, 5.1.2 Basis of:Estimate 'tile Cisco equipment has been used as the basis of the cost estimate, no commitment has been made to use Cisco equipment to provision the T NET. The primary goal of the design is to provide the functionality described in section 4.1. At the discretion of the Technical Team comparable equipment may be substituted. .Page 12 of 14 5.2 Staffing Requirementy and Manpower EsdnWes For the purpose of providing an overall budgetary estimate it is assumed that Franchisee will be providing all installation, configuration and integration services. The cast of these services as well as cabling from the N POE to the MDF have been integrated into the cost basis of the active equipment and presented in the Cost Estimate. 5.3 Schedule The schedule will be based on the construction schedule of the fiber network as specified by Franchisee. It is proposed that as construction is completed at each site installation, configuration and integration will commence according to the requirements and approved network design.and Scope of Work. Once integration with the INET is complete the site will be tinned over to the site owner and the Consortium. 5.4 Cost.Estimate These cost estimates do not include Consortium d=retionary costs such as permits or other fees associated with the construction. They include only direct fiber construction asst,equipment,and histaWon tabor solely for the I-NE-r. Page 13 of 14 5.5 Cost Table # Incremental Construction Sites 53 Average OSP Fiber Construction $ 24,500.04 Care/Distribution Layer Electronics $ 16,625.00 Site Access Electronics/ISP Construction $ 7,020.00 Average Estimated Cost per Incremental Site $ 48,145.00 30 Intermediate Construction Sites Average OSP Fiber Construction $ 37,500.00 Core/Distribution Layer Electronics $ 16,625.00 Site Access Electronics/ISP Construction $ 7,020M Average Estimated Cast per Incremental Site S 61.,1.45.00 New Construction Sites 77 Average New OSP Fiber Construction Cost $ 52,000.04 Core/Distribution Layer Electronics $ 16,625.04 Site Access Electronics/ISP Construction $ 7,020.00 Average Estimated Cast per New Construction Site $ 75,645.00 Total Casts 160 Current Number of Sites OSP Fiber Construction $ 6,048,000.00 Core/Distribution Layer Electronics $ 2,658,150.00 Site Access Electronics/ISP Construction $ 1,123,200.00 Total I-NET Cost $ 9,829,350.00 Page 14 of 14 DISTANCE EDUCATION IN CONTRA COSTA COUNTY Prepared by the CONTRA COSTA EDUCATIONAL TELEVISION CONSORTIUM January 2004 TABLE OF CONTENTS Introduction ........................................................................................................................ 1 I. The Current State of Distance Education in Contra Costa County.................................... 2 A. Providers of Distance Education............................................................................... 2 B. Hours of Television Programming............................................................................. 4 C. Variety of Programming............................................................................................ 4 II. Measuring the Demand ................................................................................................... 6 A.Number of Students Served ..................................................................................... 6 B. Population Trends..................................................................................................... 7 C. Student Satisfaction................................................................................................... 8 D. Public Support........................................................................................................... 9 III. A Meeting the Needs for Educational Television in Contra Costa County.................... 11 A. Channels.................................................................................................................... 11 B. Master Control.......................................................................................................... 11 C. Connections .............................................................................................................. 11 D. Institutional Network................................................................................................ 12 E. Cable Distribution..................................................................................................... 13 F. Production.................................................................................................................. 13 G. Operations and Maintenance.................................................................................... 14 Conclusion.......................................................................................................................... 15 Appendices A. The Contra Costa Educational Television Consortium B. A Brief History of Educational Television in Contra Costa County C. Programming Schedules D. Examples of Television Classes E. CCUs Distance Learning Survey F. California State University Hayward Cablenet TV/CCTV Survey Report G. Community Needs Assessment Summary Report H. Existing Infrastructure and Equipment Needs 1. Letter from Public Education Executives ii DISTANCE EDUCATION IN CONTRA COSTA COUNTY INTRODUCTION Distance education is being used throughout Contra Costa County to enhance the learning process and to bring education to a far wider audience than can be served in the traditional classroom setting. Teachers use video and the Internet to open up whole new worlds to students, and schools, colleges and universities use television broadcasts and on-line curriculum to offer fully accredited classes for people at home. In order to coordinate distance education efforts in Contra Costa County and to insure that there will be sufficient capabilities to meet future needs,the educational institutions in the county formed the Contra Costa Educational Television Consortium(CCETC) in 1997. CCETC has explored various technical and financing options for distance education, served as liaison to public officials, and at the suggestion of those officials,prepared this report. More information about the CCETC can be found in Appendix A. There are three main parts of the report: The state of distance education in the county,the need for distance education as documented by data, and recommendations for an infrastructure that will meet that need. Appendices give additional information about the CCETC and its member organizations and provide background information to support the report's recommendations. As successful as distance education has been to date,there is so much more that can be done: More connectivity between schools, more hours of broadcasting, more homes receiving broadcasts, and more variety in programming. The educational institutions of Contra Costa County look forward to the time when this becomes reality. I PART I. THE CURRENT STATE OF DISTANCE EDUCATION IN CONTRA COSTA COUNTY PROVIDERS OF DISTANCE EDUCATION All public institutions in Contra Costa County use distance education to some extent,but the institutions discussed here have been the most active in providing on-line classes and educational television. The history of how some of these organizations became involved in distance education.is described in Appendix B. Contra Costa Community College District The Contra Costa Community College District teaches on-line classes at each of its three campuses. At its Contra Costa College campus in San Pablo the district also has an educational cable channel, KCCC,which it primarily uses to broadcast television courses or"telecourses."I KCCC broadcasts full-time to the nearby communities of Richmond, El Cerrito, Hercules and Berkeley. For 19.5 hours per week the station also broadcasts throughout Contra Costa County on the county government's channel, CCTV, on the Comcast cable system. The college also gets the effect of more countywide distribution because KCSM, a PBS station in San Mateo,plays 6 hours a week of programs that are used for Contra Costa College telecourses. California State University Hayward - Contra Costa-Cam us California State University Hayward, which includes Contra Costa County in its service area and has a satellite campus in Concord,teaches on-line courses and also has a full-time cable channel, CNTV,that reaches much of southern and eastern Alameda County and San Ramon in Contra Costa County. This channel is used for telecourses, current affairs programs,educational children's programs, classic movies, and legendary television series. CNTV's programs also show throughout Contra Costa County on CCTV,but for only 5.5 hours a week. Since there is no electronic connection from CNTV to CCTV, videotapes of CNTV's programs are played from CCTV's facility in Martinez. Additionally, six hours a week of CNTV's programming play on the Astound cable system serving Concord and Walnut Creek. These programs are played from VCR's at the Astound head-end. Mt. Diablo Adult Education Mt. Diablo Adult Education has a television production studio at its facility in Pleasant Hill. The studio, called Mt. Diablo Television or MDTV, serves a dual purpose. First, it is a classroom to 1 In many ways a telecourse is like other college courses: Students do reading and writing assignments,get a grade, and the course is generally transferable to a four-year institution. The main difference is that there are far fewer meetings with instructors. The material that would traditionally be presented through lectures is,instead,presented through a series of videotapes. Students do meet with their instructor,but only once or twice a month,not the one to three times a week that is normally done in traditional courses. 2 train students for a career in video production. Second, it is place to make educational television programs that can be played to a countywide audience. The two functions support each other since the students in the video classes become the crew that produces the educational programs. The number of programs that this collaboration has produced is considerable, and MDTV has received numerous awards including a prestigious Stay Area Cable Excellence Award for the series"Raising a Reader." Programs fall into five categories. Workforce preparation, adult basic education, English as a second language,parent education, and seniors. Most programs consist of a live introductory segment by a teacher, a pre-recorded segment from a PBS distributed telecourse, and a follow-up live segment with the teacher adding further information and answering questions that viewers phone in. MDTV does not have its own cable channel, but it does have a fiber optic connection to CCTV where its programs play for 4.5 hours a week. For 6 hours a week MDTV's programs also show on the Astound cable system in Concord and Walnut Creek. Contra Costa County Office of Education The Contra Costa County Office of Education(COE) supports the county's school districts in the areas of curriculum development and technology. COE also teaches classes in special education and career development and teaches classes at correctional facilities. COE is coordinating the county's effort to establish high-speed data networks to schools as part of the Digital California Project. COE also manages the distribution of instructional video programs to schools. Previously this was done from a large media library in the county. Now COE is using on-line libraries, such as the one operated by United Streaming (www.unitedstreaming com),to stream the videos to the schools. This can be done either in real time, in which case the videos have a limited size, frame rate, and resolution, or as a download prior to viewing, in which case the videos are equivalent in quality to a VHS tape and can be projected onto a screen in the classroom. COE is planning to produce their own instructional programs for cable distribution when the infrastructure becomes available. COE is especially interested in a"Homework Helper" program where teachers answer questions phoned in by students. COE also wants to increase video conferencing between schools when a suitable high-speed network becomes available. Martinez Adult Education Martinez Adult Education is not currently offering educational television courses but is planning to do so as soon as the infrastructure is available. Courses being considered include English as a second language, parent education, entry-level medical courses such as physiology and anatomy, foreign languages, health and safety, child development, and a variety of computer-based courses such as AutoCAD and web design. The adult school has a satellite dish that has been used in the past to download training material and which can be incorporated in the school's educational television offering. 3 Contra Costa Television Contra Costa Television(CCTV),the television station of Contra Costa County, has been a great help to the educational community. When CCTV first began operations, it was searching for high quality programming that could complement its own programming related to county government. This led CCTV to offer educators the chance to broadcast their programs on its channel. The educators were eager to participate since CCTV is the only PELT (public, educational, and government) channel that has countywide distribution. The amount of time that educators currently have on CCTV is 29.5 hours per week(18%of full time). CCTV is now finding that its own program needs have increased and wants to reclaim the time it gave educators. Trying to make the transition as smooth as possible, CCTV took the initiative of getting the educators to consider the possibility of having their own countywide educational channels,which led to the establishment of the Contra Costa Educational Television Consortium in 1997. HOURS OF TELEVISION PROGRAMMING The table below summarizes the hours of educational television programming that each of the current programmers is doing as of January 2004. Programming schedules for these channels are in Appendix C. HOURS PER WEEK OF PROGRAMMING LOCAL AREA COUNTYWIDE CHANNEL COMCAST ASTOUND KCSM CCTV KCCC 168 0 6 19.5 CNTV 168 6 0 5.5 MDTV 0 1 6 0 4.5 The local area for KCCC is Richmond, EI Cerrito, Hercules& Berkeley. For CNN it's Central Alameda County and San Ramon. Astound serves only Concord and Walnut Creek. The hours for KCSM are the ones that are relevant to telecourses given in Contra Costa County. As can be seen in the table,while both Contra Costa College(KCCC) and California State University Hayward(CNTV) are broadcasting full-time (168 hours/week)in their local areas, there is very little educational programming going countywide. Consequently,the opportunity for many county residents to participate in educational television is extremely limited. VARIETY OF PROGRAMMING As suggested by the above discussion, there is considerable diversity in the educational television programs playing in Contra Costa County. The disciplines covered and the names of some of the series that have played in the county are shown in the table below. 4 EXAMPLES OF EDUCATIONAL TELEVISION PROGRAMS SHOWN IN CONTRA COSTA COUNTY DISCIPLINE COURSE NAMES HUMANITIES Humanities through the Arts American Cinema Art of the Western World Ethics in America Theatre Appreciation Era of Civil War and Reconstruction Visatando los Americas Mandarin and Me SOCIAL SCIENCE Faces of Culture Discovering Psychology MATH & PHYSICAL SCIENCE College Algebra Planet Earth Modern Biology BUSINESS & COMPUTERS It's Strictly Business Introduction to Computers Introduction to the Internet HEALTH& SAFETY Food Safety Certification Course CPR for Health Care Providers ESL Connecting With English For All ADULT BASIC EDUCATION Understanding the GED Test Workplace Essentials Skills TEACHER TRAINING Introduction to Service Learning OTHER Lifelong Learning on Cable TV Family Milestones Please see Appendix D for a brief description of some of theses courses. 5 PART II. MEASURING THE DEMAND The previous section looked at the state of distance education from the perspective of the institutions providing the service. Here we look at distance education from the perspective of students who are actually receiving it. We examine how the number of students has grown, how the population as a whole is changing, the satisfaction of students who are taking video telecourses and what the public has said it wants for distance education. NUMBER OF STUDENTS SERVED Data from Contra Costa College indicate that a substantial number of students in Contra Costa County are participating in telecourses and that the number is growing. The chart below has the details. Telecourse Stats 800 700 600 c 500 0 Z 400 � w v> 300 200 100 0 Fall 99 Spring Fall Spring Fall Spring Fall Spring Fall 2000 2000 2001 2001 2002 2002 2003 2003 For calendar year 2043 the total number of students shown on the chart(plus summer students which are not illustrated) came to 1,433. In the four years from Fall 199 to Fall 2003,the number of students went up nearly 100 per cent. That's 25 per cent per year, which shows the remarkable potential for educational television in the years ahead. Data from Mt. Diablo Adult Education also show an increasing number of students participating in distance education, although the results are not quite as obvious because data collection methods varied from year to year. 6 DISTANCE LEARNING STUDENTS AT MT. DIABLO ADULT ED. Year Served Enrolled Corn feted 98-99 1205 99-00 1791 00-01 739 01-02 380 02-03 420 Served: Students who completed at least one lesson. Enrolled: Students who took the pre-test&finished lessons. To finish a lesson (each lesson was between 3-6 hours) students had to complete a pre-and post-test for that lesson. Com feted: Students who took the pretest, completed the course, and took the post-test. A course consisted of between 6-12 lessons with pre and post-test. In both the "Served" and the "Completed" categories, where there is more than one year of data, an increase can be seen. POPULATION TRENDS2 The increase in number of students taking telecourses coincides with the growth in population for Contra Costa County, as shown in the table below. YEAR POPULATION 1960 409,030 1970 556,116 1980 656,380 1990 803,732 2000 948,816 In the past twenty years Contra Costa County has grown 44 per cent to nearly a million people. In the last ten years the increase was 18 percent which, if it keeps up, means that by 2010 there will be another 171,000 residents in the county. Besides an increase in overall numbers of people,there has been an increase in ethnic diversity. Data from the last three decades are shown below. 2 Data in this section is from the United States Census as reported on the web site of the Association of Bay Area Governments,http:Hcensus.aba .ca.gov. 7 Race/Ethnicity 1980 1990 2000 White 77.1 69.7 57.9 Black/African American 9.0 9.1 9.2 American Indian/Alaskan Native 0.6 0.6 0.4 Asian/Hawaiian/Pacific Islander 4.5 9.2 11.2 Hispanic 8.6 11.4 17.7 Multiple races NA NA 3.4 Other 0.2 0.2 0.3 Diversit Index 1. 0.502 0.603 0.757 The racial/ethnic diversity index ranges from a low of 0.0(entire population is of one racial/ ethnic group)to a high of 1.0(population is equally distributed between all racial/ethnic groups.) As can be seen,there is a racial and ethnic shift with Asian/Hawaiian/Pacific Islanders and Hispanics nearly doubling in size. The white population shrank more than 20% and the Black/African American category remained essentially the same. This increase in diversity can create its own special demand for educational programming especially in the areas of English as a second language and programs aimed at particular cultural groups. Besides the change in ethnicity there has been a large population shift to east Contra Costa County bringing even more stress to an antiquated road transportation system. Travel is often difficult, especially for the very people who could benefit most from education. STUDENT SATISFACTION Each semester Contra Costa College conducts a state-mandated survey of students who participate in telecourses. Results from the Spring 2003 survey show some remarkable results: • The goal considered very important by 81%of the students is "Transfer." "Learning new things"and "Earning an AA/AS degree"were selected as very important by 71% and 65% of the respondents respectively. • Ninety percent or more indicated that their Distance Learning courses were moderately to very important in helping them progress toward their goals. • Sixty-nine percent reported no difficulty in accessing instructional resources,while 31% had moderate to great difficulty. These students noted in the Comments sections of the Survey that their greatest difficulty is in getting to view the videotapes of the telecourses. • Fifty-seven percent work 32 or more hours per week. Another 24%work 11 to 32 hours weekly. This workload plus the typical 12-unit course load plus the fact that many of the students are single working parents make their accomplishments in the Distance Learning program truly remarkable. Thirty-two percent of the students indicated a total household income of$30,000 or less-- at or below the poverty level for a family of four. While 28% of the students expected to have no difficulty, 71% reported moderate to great difficulty in paying living and school expenses. 8 Ethnic composition was: African-American/Black- 28%, Asian-American/Asian-11%, Filipino -15%, Latino/Hispanic -14%, White/European- 15%, Other- 8%, 2 or more ethnicities- 5%. The entire survey for Spring 2003 is included in Appendix E. PUBLIC SUPPORT Besides the increasing number of students who are participating in distance education,three recent surveys have shown that the public very much wants educational television and is willing to support it. The first survey was conducted in Contra Costa and Alameda Counties by California State University Hayward in 1998. The second survey--actually a phone survey and a series of focus groups--was conducted by the Buske Group in 2000 for the consortium of government agencies negotiating a cable franchise in central Contra Costa County. Some statistics from these two studies are show below. The full study from California State University Hayward is included in Appendix F, and the Summary Report from the Buske Group study is included in Appendix G. Regarding viewership of public, educational, and government access channels: 88%of the respondents watch access at least occasionally(1) 58%watch CCTV, the county channel, at least monthly (2) Regarding Interest in educational television channels: 86%want courses from colleges and universities (2) 86%want interactive distance learning (2) Education is a"key community issue" (2) Regarding the willingness to pay for access: 42%will pay at least 50¢/month(1) 62%will pay at least 50¢/month(2) (1) CSUH study (2) Buske study While data from these two studies do not match exactly,they do imply that residents of Contra Costa County support educational television. In January 2004, Martinez Adult Education took a survey of students enrolled in day and evening classes on its adult school campus. The results show considerable interest in educational television: • Of the 50 students surveyed, 39 said they would be interested in televised courses. • The majority of these students would like to see televised courses in graphics and creating web pages. A small number of students would also like to see computer drafting and office suite offered. 9 • Most felt distance learning would help with professional growth and self-improvement. The majority prefers to view courses in the evening and on Saturday. Students prefer viewing time for a single episode to run 60 to 90 minutes. All interested students would not have an objection to purchasing books and other materials for the course • Students don't object to having some on-campus meetings as part of the telecourse. 10 PART III. MEETING THE NEEDS FOR EDUCATIONAL TELEVISION IN CONTRA COSTA COUNTY As indicated above, educational television has been widely used in Contra Costa County for many years and the demand for it is growing. In order to meet that demand, the television channels and infrastructure that make educational programming possible must also grow. This section describes some specific requirements. CHANNELS With the Contra Costa Community College District and California State University Hayward each having a full time channel and the Mt. Diablo Adult Education providing 6 hours of programming per week,the educational programmers in Contra Costa County can immediately fill more than two countywide educational channels. During the life of any new franchise, this number will certainly increase, so there is ample justification to require three educational channels at the start up of any new franchise with provision for additional channels as the need warrants. With the emergence of digital television, where a particular amount of cable bandwidth can be used for one channel of high resolution,or many channels of lower resolution, it is important that educational programmers get adequate bandwidth, not just channel space, and that provisions for future channels be stated as a percentage of total cable bandwidth. Furthermore, educational channels need to be on the basic tier of programming which all cable subscribers receive, and the channels must be received by all cable boxes provided by the cable company. MASTER CONTROL The two educational programmers that have channels (Contra Costa College and California State University Hayward) already have equipment at their facilities for playing programs destined for educational channels. But as Appendix H indicates, there are severe limitations. More server storage, more VCR's and more satellite systems are needed to allow these programmers to provide the level of educational television that they are capable of. Furthermore, future programmers that begin broadcasting during the franchise period will need a system consisting of servers, automation, VCR's etc. CONNECTIONS There must be connections to carry the video signal from each educational programmer to the channel origination points. These connections should consist of fiber optic cables and all transmitters, receivers and other necessary electronics. The connections must be able to interface 11 with the video standards used by the programmers (currently NTSC in all instances)and, if necessary, convert these standards to those required by the cable company. At the channel origination points there must be a routing switcher which will allow any programming source to be switched to any educational channel. The switcher must be remotely controllable by computer with manual overrides possible at any of the source locations. INSTITUTIONAL NETWORK Because of the services they provide, educational programmers could directly benefit from being connected to each other and to other institutions in an institutional network(I-Net)that carries data,voice and video information. Some examples of these services are: Broadcasting specialized educational and cultural programming to schools. Letting events and classes at schools, satellite college campuses or elsewhere in the network be shown on cable channels to reach a much greater audience • Giving focused professional development classes to specific populations (e.g. teaching computer applications to an office staff) • Providing face-to-face counseling services to high school students to help them with school and career choices Providing training and self-help services for the public in settings such as libraries or courts • Providing centralized payroll and administrative IT services for the school districts in the county The I-Net can be seen two ways: First, it can be thought of simply as a data network to supplant the one now used by institutions and for which they must pay high monthly fees. But with it's ability to carry high quality video, it can also be thought of as complementing the broadcasting connections described above by providing additional sites from which programs can originate and sites where programs can be sent for specific audiences without going over the cable system. This is illustrated in the figure below. The main educational programmers have their direct connection by fiber to a central switching point, but the programmers are also connected by the I-Net to each other and to other institutions. This arrangement greatly enhances the ability of the programmers to provide educational material. The capacity of the I-Net must be sufficient for multiple streams of high-quality video. With the number of users and number of I-Net sites anticipated, it is not unreasonable to see the need for four simultaneous streams of 10 Mbps each. Furthermore,this video bandwidth must be protected from the bandwidth needed for other I-Net applications. 12 MDTV Program providers Video Programs I-Net 0 Additional I-Net Node MDTV CCC , J � Switch � r , l ' Other Channels Educational Programmers and I-Net Connections CABLE DISTRIBUTION All program providers and all other institutions on the I-Net must have at least one cable drop (with a cable receiver)to monitor the signals they are providing to the cable system. Furthermore, any public school located in communities that are participating in the franchising process can certainly benefit from having cable drop so that they can take advantage of cable programming on educational as well as commercial channels. PRODUCTION In order to create programming that appears on the educational channels, the educational community must have access to adequate video production equipment. While some of the educational programmers already have a certain amount of production equipment, as Appendix H indicates, it is generally old and inadequate for their needs. Furthermore, many of the educational institutions in the franchise area, have no production equipment. What is needed is a new facility that is large enough to have at least two multi-camera production studios, including one that can accommodate a live audience. There also needs to be equipment for remote productions including a van for multi-camera(EFP) shoots, and camcorders with accessories for single-camera shoots. There needs to be editing suites with sufficient server capacity to store the projects of many users and portable editing systems that can be checked out to users. Ideally, this facility should be centrally located along the Walnut-Creek-Concord corridor. 13 OPERATIONS AND MAINTENANCE There are several different ways to operate educational channels, and the educational programmers of Contra Costa County are quite willing to explore different options. One approach would be to have the educators handle the entire programming process, from setting the playback schedule to doing the data entry required to switch the different program sources onto the cable channels. Another possibility would be to work with a non-profit organization(NPO)that contracts with the franchising organizations to run the public, educational and government access channels. The NPO could operate a production facility, such as described above, and handle the switching of all access programming onto the access channels. The educators would still set the schedule for their programs and play most of the program material from their own locations. Other educational programming, such as satellite feeds, could be added at the NPO site. It is essential that the key elements used for educational television be adequately maintained. Skilled technicians must be available to repair the fiber optic links (including the electronics)that carry programming from educators' sites to a switching point and the fiber used in the I-Net. Sufficient funds must be available to maintain the production and playback equipment. 14 CONCLUSION This report has demonstrated that there is a vital need to support distance education in Contra Costa County. The report makes clear that: • Educational television has existed in the county for 30 years. Educational institutions are currently producing enough television programming to fill more than two full-time channels,but there are only 29.5 hours per week available to broadcast programs countywide. The number of students taking educational television courses has been increasing annually. The population of Contra Costa County is growing rapidly and is becoming more diverse. Students who take educational television courses express a great deal of satisfaction. • Surveys show that residents of the county want educational television. The public educational institutions are doing their part to support educational television. The Contra Costa Community College District, California State University Hayward,Mt. Diablo Adult Education, and,to a lesser degree, other school districts in the county,have invested heavily in production and broadcasting equipment. The chief executives of these institutions have publicly stated their support for county educational channels. As the letter in Appendix I states, "Educational television is an important part of our overall educational delivery system... Our three institutions have been delivering educational television for a number of years and have plans for expanded programming in the future if we acquire the necessary capability...we will continue to use our existing studios, production equipment, video libraries and satellite dishes to provide the bulk of educational programming for the new channels." This report makes clear what is needed for educational television to reach its full potential: • Bandwidth for a sufficient number of educational television channels • Connectivity from program providers to a point where their programs can be switched onto the cable system • An institutional network(I-Net)that connects community institutions to each other so they can both originate and receive educational programs • Facilities and equipment that can be used to produce high quality programs. Educational television is for a broad spectrum of people. It's for full-time workers who want to advance in their careers; it's for new parents who need to be at home with their infants; it's for police, fire, and health care workers who need to keep abreast of the latest techniques in their fields; and it's for all the young people in our county who will be tomorrow's citizens and wage earners. The technology for educational television is so readily at hand. It's time for it to be put to use to do what people want. 15 APPENDIX A. THE CONTRA COSTA EDUCATIONAL TELEVISION CONSORTIUM Background Several Contra Costa County educational institutions, including Mt. Diablo Adult Education, California State University Hayward, and the Contra Costa Community College District, have been broadcasting telecourses during the last several years through CCTV,the county government channel. Recently, as the county's own programming has increased,the available additional airtime for education has become very limited. The county suggested that a new countywide educational cable channel be established and a consortium of educational users be set up to manage it. CCETC has been meeting since September 1997 to develop a plan of action. Goals One of the first tasks of the CCETC was to look at the goals that educational television could achieve. They are listed below in five separate categories: 1. Providing a Diverse Range of • Reaching a wider market, therefore a Educational Services: more educated population • Degree granting courses • Continuing Education 4. Providing Flexible and Innovative • English as a Second Language Programming: • Adult Basic Education • Education can be offered 24 hours per • Job Training/Workforce day Preparation/Welfare-to-Work • Reruns so students can make-up missed • Health& Safety classes • Parenting • Same class can be rebroadcast morning, • Classes for Senior Citizens afternoon, & evening to reach all • Recreational classes audiences • Telecourses can be live and provide 2. Making education universally interactivity through phone calls and email available. • Students can videotape classes for • Homebound due to medical reasons review • Those with family obligations • Those who cannot afford to travel 5. Improving the Cost-Effectiveness of • Full time workers Educational Services: • Teaching more students per class creates 3. Providing Educational Services that economies of scale Improve the Quality of Life: • Lowered institutional costs: less room • Less travel back and forth to a campus, usage, maintenance, &utilities less)pollution • More time spent with families 1 In 2001,the Consortiumm held a major conference on Educational Television which was well attended. The conference included presentations from Dr. Joseph Ovick, Contra Costa County Superintendent of Schools,Dr.Norma Rees,President, California State University Hayward, and Dr. Charles Spence, Chancellor, Contra Costa Community College District. The Consortium is now working closely with the city and county cable coordinators to convey the goals of the educational community, so that the needs of educators are heard in the cable franchise renewal process. The consortium meets on a monthly basis and welcomes new members. For more information please contact one of the following individuals: Barry Benioff Fred Fuld Robert Rothgery Contra Costa College Calif. State University Mt. Diablo Adult Education 2600 Mission Bell Drive Hayward - Contra Costa 3100 Oak Park Blvd San Pablo, CA 94806 4700 Ygnacio Valley Road Pleasant dill, CA 94523 510-235-7800, ext 4440 Concord, CA 94521 925-930-5632 bbenioff rcontracosta.edu 925-602-6785 rfrothgervgearthlink.net ffuld@csuhgyward.edu 2 APPENDIX B. A BRIEF HISTORY OF EDUCATIONAL TELEVISION IN CONTRA COSTA COUNTY Educational television in Contra Costa County began at least as early as 1974 when an article in The Advocate, the newspaper for Contra Costa College, made reference to two courses being given by the college in conjunction with programs shown on KQED and KGO television in San Francisco. The college continued to rely solely on broadcast stations for telecourses until 1990 when the college got its own cable station, KCCC,through negotiations with the City of Richmond,which had secured public, educational, and government cable channels in its franchise agreement with the cable company now owned by Comcast. KCCC served viewers in Richmond,El Cerrito,Hercules and Berkeley with about six taped telecourses in the first semester. In 1994 the channel added a production studio and, in the next several years, expanded its television infrastructure by connecting a classroom and three laboratories to the production control room. During this period the college produced two taped telecourse series, a 20-part "Theatre Appreciation" and an 18-part"Cooking with Class." In 1995 the college negotiated an agreement with the County of Contra Costa to provide 14 hours a week of programming on the County's cable channel CCTV. It was now possible to offer telecourses to students living throughout the county. In 2001 the college purchased a video server and automation software. Prior to this time the station's operation was completely manual, based almost exclusively on videotapes, and the station was on the air for only 42 hours per week. At the same time the channel automated,the City wanted to assert a right under its cable franchise to have the cable company show the channel full-time. The server made this easy to accomplish and the channel went to full-time operations in the fall of 2002. California State University, Hayward started offering telecourses in 1987. Using its cable television station, CNTV, in the Warren Hall building on campus,the signal initially went only to the cities of Hayward and San Leandro in Alameda County. In 1996,through an agreement with the then cable company TCI, the station expanded its coverage to six additional cities. In February of 2000,the station expanded again to its current coverage area of 11 cities, including San Ramon in Contra Costa County. Since 2000, CNTV has also been broadcasting programs on CCTV, the county governmental channel. In addition, since 2003, numerous programs are being broadcast to residents in Concord and Walnut Creek on the educational access channel of Astound Broadband. For distribution to cities in Alameda County and to San Ramon, CNTV plays programs from a video server and operates 24 hours a day. Programs on CCTV and the Astound system are played from tape. The station has educational programs for children as well as adults. Telecourses that have been offeredinclude "College Algebra,""Modern Biology," "Mandarin and Me,""Era of Civil War and Reconstruction,"and"Introduction to Service Learning." 1 Mt. Diablo Television(MDTV)was created by Mt Diablo Adult Education to train video students and to produce telecourses. The first telecourse was pre-recorded and taped at the Contra Costa Television Studio in Martinez. It was shown in March 1996. Shortly thereafter, Mt. Diablo Adult Education equipped its own production studio in Pleasant Hill and linked with Contra Costa Television by microwave. In 2043,the microwire was replaced by fiber resulting in a much better quality and more reliable signal. Since one of the courses that Mt Diablo Adult Education was offering was video production,the district used the unique approach of having students in the production classes actually be the crew of the live telecourse broadcasts. This begin in 1996 with a series of programs directed primarily at high school seniors. Subsequently other programs were introduced including Parenting, Adult Basic Education, English as a Second Language, Computers, CPR.and other health issues, Food Safety Certification, and Preparation for CED exams. In 2003, MDTV joined Cal State Hayward in showing programs on the Astound Broadband system and by so doing increased the variety of programs it could bring to the community. 2 APPENDIX C. PROGRAMMING SCHEDULES KCCC- Contra Costa College Television Schedule: January 25 w March 13, 2004 TIME SUNDAY MONDAY I TUESDAY I WEDNESDAY THURSDAY FRIDAY SATURDAY 12:00 am ' 1:00 am 2:00 am Classic Arts Classic Arts 3:00 am Showcase Showcase 4:00 am 5:00 am 6:00 am Classic Arts Theatre Humanities FrameworkClassic Arts Exploring Classic Arts , 7:00 am for Showcase Appreciation thru the Arts Showcase Society Showcase Democracy 8:00 am 9:00 am KCCC Bulletin Board 10:00 am Theatre Journey to Art of the Faces of ARpreciation Health Wstrn,World_ Culture 11:00 am Theatre Cooking with Framework Ethics in Art of the Appreciation. Class Democrat !Humanities hra the Arts America Wstrn.World 12:00 pm KCCC Bulletin Hoard and Special Marketing Programming Theatre 1:00 pm A reciation Framework Faces of Account' 2:00 pm forPlanet Earth Culture Planet Earth Democracy 3:00 pinJourney to 0 Classic Arts Col.Profiles Health 4:00 pm Marketing Showcase Exploring Humanities Society thru the Arts Humanities Community US Dept. of American 5:00 pm thru the Arts Pro ammin Education Cinema 6:00 pm ; KCCC Bulletin Hoard Ethics in America Theatre Journey to American Art of the Framework 7:00 prn I Classic Arts Appreciation Health Cinema Wstrn.World Democrat Showcase 8:00 prn Exploring Cooking with Framework Humanities Ethics in Cooking with Society Class Democracy thru the Arts America Class 9:00 pm Marketing Planet Earth Faces of Exploring Exploring Culture Society Society 10:00 pm Classic Arts Showcase Accountin Accountin 11:00 pm KCCC Bulletin Board Cable 24 in Richmond,El Cerrito,Hercules,Berkeley,and parts of El Sobrante programs can also be seen on one of the following cable channels: Cable IS (except where the cable system has been rebuilt where it is Cable 15)in Alamo,Albany,Bethel Island,Brentwood(Old),Byron,Clyde,Danville (ATT),Discovery Bay,Knightsen,Lafayette,Martinez,Moraga,Oakley,Orinda,Pacheco,Pleasant Hill,Rossmore and Walnut Creek(ATT) Cable 15 or 27(depending on where your address)in Clayton and Concord (ATT) Cable 32 in Concord and Walnut Creek (Astound) Cable 10 in Blackhawk and parts of Danville(Ponderosa) Cable 27 in Albany,Antioch,Bay Point,Brentwood,(New),Crockett,parts of El Sobrante,Pinole,Pittsburg,Rodeo,San Pablo and San Ramon TYPICAL PROGRAMMING SCHEDULE FOR CNTiI tn�� MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY ovie Special Arts Special Arts Special Movie LTV Comedy Film Foreign Film Western Film Family Film Action Movie WLTV : WLTV I WLTV 2:00 am WLTV WLTV 2:30 am Superman Superman Late Night Movie Superman 3:00 am 1 Movie Art Channel Art Channel Superman Art Channel Movie 3:30 am ' 4:00 am 4:30 am i 5:00 aril Arts Arts 5:30 am 6:00 am ; Art Channel Mandarin and Me Mandarin and Me Art Channel 6:30 am 7:00 am Lecture Arts Lecture Arts Lecture Lecture Lecture 7:30 am 8:00 am Lecture Lecture Lecture Lecture Lecture 8:30 am 9:00 am Duck buck Goose Special Duck Luck Goose Special Duck Duck Goose Huck Duck Goose Duck Duck Goose 9:30 am Civil War Superman Civil War Superman Sir Lancelot Sir Lancelot Sir Lancelot 10:00 ami College Algebra Astronomy College Algebra Astronomy Bonanza Bonanza Bonanza 10:30 am 11:00 am Modem Biology Mandarin and Me Modem Biology Mandarin and Me Modem Biology Scarlet Pimpernel Scarlet Pimpernel 11:30 am fl 11 Zorro/Jr.G-Men Zorro]Jr.G-Men 12:00 Pm Special One on One Special One on One Special Special Special 12:30 pm Service Learning Service Learning 1:00PM Movie WLTV Movie WLTV Movie Movie Movie 1:30 pm WLTV WLTV 2:00 pm WLTV WLTV 2:30 Pm Superman Superman Superman 3:00 Pm College Algebra Astronomy College Algebra Astronomy Scarlet Pimpernel Music Music Music Music Music Music 3:30 pm Zorro/Jr.G-Men Dining Out Dining Out 4:00 m Duck Duck Goose Special Duck Duck Goose Special Duck Duck Goose Duck Duck Goose Duck Duck Goose 4:30 m Civil War Civil War Ozzie&Harriet Ozzie&Harriet Ozzie&Harriet 5:00 m Lecture WLTV Lecture WLTV Lecture WLTV WLTV 5:30 pm WLTV WLTV WLTV WLTV 6:00 m Lecture WLTV Lecture WLTV Lecture WLTV WLTV 6:30 pm 7:00 pm Special One on One Special One on One Special One on One One on One 7:30 pm Service Learning Service Learning I Service Learning Service Learning —8:qp_pm Comedy Film Foreign Film Western Film Family Film Action Movie Lecture Lecture 8:30 pm 9:00 m Lecture Lecture 9:30 pm ' Superman Superman 10:00 Pm Lecture One on One Lecture One on One Lecture One on One One on One 10:30m Service Learning Service Learning Ozzie&Harriet Ozzie&Harriet 11:00 pm Lecture Arts Lecture Arts Lecture Movie Movie 11:30 m 2 HDTV On Contra Costa Television DAY TIME PROGRAM Sundays 6:00 pin- 7:00 pm Connecting with English for All 7:00 pm- 8:00 pm Understanding the GEL?Test Wednesdays 7:30 pm- 8:00 pm Food Safety 8:00 pm-9:00 pm Connecting with English for All i Thursdays 11:00 am- 12:00 pm Understanding the GEIS Test 3 EDUCATIONAL PROGRAMMING ON THE ASTOUND BROADBAND SYSTEM Time Sunday Monday Tuesday Wednesday Thursday Friday Saturday 7:00 PM MDTV CSUH 7:30 PM MDTV CSUH 8:00 PM MDTV CSUH 8:30 PM MDTV CSUH 9:00 PM MDTV MDTV CSUH 9:30 PM MDTV MDTV CSUH 10:00 PM CSUH MDTV CSUH 10:30 PM CSUH MDTV CSUH 11:00 PM CSUH MDTV CSUH MIDN Cray patterns represent timeslots set aside for K-12 and other educational institutions. 4 APPENDIX D. EXAMPLES OF EDUCATIONAL TELEVISION CLASSES PRESENTED IN CONTRA COSTA COUNTY CONTRA COSTA COLLEGE American Cinema-A wide range of perspectives and comprehensive,multi-dimensional view of filmmaking,teaching students to become more active and critical viewers as they question the images of America they see on the movie screen and redefine their own relationship to those images. Art of the Western World-Examines the works of art that have come to define the Western visual tradition from ancient Greece to the present day helping students appreciate the formal qualities, iconography, and technical achievements of extraordinary monuments. Discovering Psychology- Covers the fundamental principles and concepts of psychology, including brain and behavior, sensation, perception, conditioning, learning, cognition, motivation, emotion, life-span development, self-identity, sex, and gender. Includes original footage of classic experiments, interviews with renowned psychologists, and emerging research. Ethics in America-Examines contemporary ethical conflicts, such as the responsibility of the press and whether soldiers should follow orders that violate international conventions, and provides grounding in the language, concepts, and traditions of ethics. Faces of Culture - Major features of culture including subsistence patterns, organizing devices, patterns for transmission of culture, economics,political organization, social control, and culture change. This introductory anthropology course includes classical ethnographic films and examines methods of anthropological research and theoretical orientations. Humanities through the Arts- Tour the arts of music, drama,poetry,painting and sculpture, guided by poet Maya Angelou. The course stimulates discussion of art in all it's many forms, and reveals much of the thought of a particular period of time as evidenced in its art. It's Strictly Business - Provides students with a general survey of business on a national and an international scale, identifies the roles and responsibilities of business in modern society, and focuses on selected disciplines and processes within the business community. Planet Earth - Studies the state of our planet, its interior, oceans, continents,mountains and volcanoes,energy and mineral resources, climate and atmosphere. The series unifies earth science, astronomy, and comparative paleontology into an integrated discipline that relies on common scientific methods. TheatreAppreciation-A whirlwind tour of the theater by the effervescent Clay David, teacher of theatre and drama at Contra Costa College. In 20 segments viewers travel from ancient Greek drama to modern interpretive theater. A truly interesting and entertaining way to be introduced to the theater, whether one is a neophyte or a frequent theatergoer. CALIFORNIA STATE UNIVERSITY HAYWARD College Algebra- Includes functions and graphics: polynomials,rational functions,exponential and logarithmic functions. Taught by Professor Julie Glass. Designed to develop problem- solving skills. Modern Biology -Covers how DNA works,what evolution means, and the effect of recycling on the environment. Taught by instructor Allen Dixon. Mandarin and Me -An introductory course taught by Professor Sheree Lin that covers the basic skills for communicating in Mandarin. Era of Civil War and Reconstruction-This series focuses on the antebellum decade of the 1850s, the Civil War, the Reconstruction period,the causes of the Civil War, the main precedents it established, and Americans' views and values during this time. Introduction to Service Learning-- If teachers and community members are going to implement service learning and establish a closer relationship between the schools and the community, they need to understand both the philosophical basis for strategy and have the tools to begin the process of using service within their teaching. This course introduces the meaning of service learning. It shows a step-by-step approach to successful implementation of service learning as a teaching and learning strategy. MT. DIABLO ADULT EDUCATION Lifelong Learning -A series for seniors on issues ranging from care facility selection to personal health issues in the older populations. 1996-97 Lifelinks -A series of instructional programs in first aid, CPR, and emergency preparedness in Contra Costa County. 1996-97 Raising a Reader{I and II) - A popular telecourse with more than 600 registered students. The program helped parents work with children who had issues related to reading. Received a Bay Area Cable Excellence Award in 1998. 1997-99 Family Milestones{I and II) - A parenting series growing out of success with"Raising a Reader" This program addressed children up to the age 12. 1998-2000 Entering En lgli - This ESL series combined a PBS series with live instruction and interviews with immigrants and others for whore English is a new language. 1998-99 01ening New Doors -This is a workforce preparation series for people entering or re-entering the job market. This program provides basic skills such as resume writing and basic information about work practices. 1999-2000 Introduction to Com up tern - Basic instruction in the operation of Windows computers. The instructor for this series was chosen for her unique ability to communicate to the target audience. This program garnered the highest number of registrations of all telecourses produced by MDAE. 2000-01 Introduction to the Internet - Follow-up telecourse to "Introduction to Computers." 2001 Food Safety - A seven part series for professional certification. This project was field produced and featured numerous tours with a County Environmental Services Inspector. 2001-04 CPR/Infant and Child CPR/CPR for Health Care Providers - Special training programs in CPR. 2001-04. TV-411- Tune Into Learning- This program is based on the PBS series on adult literacy and adds an additional 35 minutes of instruction to the"TV-411"programs. 2001-02 Understanding the GED Test-This 26-part series helps prepare students for the GED test. The program covers all five areas of examination and contains a PBS program insert series. 2402-03 Workplace Essentials Skills - A workforce preparation series combined with a PBS series to assist jab seekers in finding and keeping a job. Emphasis is to the job market in Contra Costa County. 2002-03 Connecting With English for All - This fast paced learning oriented series was a finalist in the 2003 WAVE competition sponsored by the Alliance for Community Media. 2003-04 APPENDIX E. CON'I'RA. COSTA. COLLEGE DISTANCE LFARNING SURVEY SPRING 2003 Phyllis Goldman August 1, 2003 CONTRA COSTA COLLEGE -DISTANCE LEARNING SURVEY SPRING 2003 The Spring 2003 Distance Learning Survey was distributed to 18 TV-based courses. A total of 149 students from six classes responded,though differing numbers of students answered each of the questions. Their answers are outlined here by categories of questions. The results may be influenced by the fact that the majority of these students are in the PACE program, designed to assist and encourage full-time working students to complete a combination Liberal Arts AA and Transfer curriculum organized around their working schedules. The complete Survey, selected charts and the spreadsheet showing the raw data are appended to this report. GOALS The goal considered very important by 81% of the students is"Transfer." "Learning new things" and"Earning an AA/AS degree"were selected as very important by 71% and 65%of the respondents respectively. Only 17% marked"make new friends" as very important. However, i7%, more than half of the students, indicated that this ,goal was moderately to very important, demonstrating that meeting people and forming friendships do play a role in determining students' satisfaction with their Distance Learning experience. Importance of Goals a.not Impt. b.mod.Impt. c.most Impt 1.Transfer 10 7% 18 12% 120 81% 2.Earn WAS 18 12% 34 23% 97 65% 3.Work improvement 34 23% 37 25% 78 52% 4.Basic job skills 37 25% 47 32% 65 44% 51eam new things 5 3% 38 26% 106 71% 6.Make new friends 63 42% 60 40% 25 17% QUALITYAIVD ACCESS Students were asked whether their Distance Learning classes helped them to progress toward their goals. They were also asked about the frequency and type of contact they had with their instructors and their degree of satisfaction with both access to and quality of those contacts. In addition, they were questioned about the degree of their satisfaction with the quality of their courses, with instructional resources (computers, videos, software, etc.) and with student services(counseling, career and transfer center, financial aid, etc.) Ninetypercent or more indicated that their Distance Learning courses were moderately to very important in helping them progress toward their goals. 2 Quality and Access a.very little b.mod.amt. c.great deal 7.Contrib.to ed goals 13 9% 56 38%, 80 54% 8.Helped access credit 6 4% 52 35% 89 60% 9.Impt.of Distance Lmg. 6 4% 44 30% 99 66% Sixty-nine percent reported no difficulty in accessing instructional resources,while 31%had moderate to great difficulty. These students noted in the Comments sections of the Survey that their greatest difficulty is in getting to view the videotapes of the telecourses.The cause appears to be a combination of too few copies and media lab hours which don't match the students'work and class schedules. Ninety- six percent indicated moderate to great satisfaction with the quality of the instructional resources. a.no diffic. b.mod.diffic. c.great diffic. 10.Diffic.access.instr.resources 103 69% 40 27% 6 4%d a.not satisf. b.mod.satisf. c.very satisf. 11,Satisf w.qual.of instr.resources 5 3% 61 41% 82 55% Fifty-four percent reported no difficulty in accessing the various student services, while 8%had great difficulty. Regarding quality of student service contacts and their courses,compared to traditional College courses, 7% and 4%, respectively, were not satisfied,while 89% and 97% were moderately to greatly satisfied. a.no diffic. b.mod.diffic. c.great diffic. 12.Diffic.access stud.Services 81 54% 54 36% 12 8% a.not satisf. b.mod.satisf. every satisf. 13.Satisf w.qual.of stud.Serv, 11 7% 79 53% 54 36% 14.Satisf.w.qual.comp,w,traditional courses 6 4% 63 42% 78 52% This academic year has shown a real change in the methods students are using to contact their instructor. While the phrasing of the question has changed somewhat from last year so that no direct comparison is possible, it is still obvious that students have replaced telephone conversations with e-mail messages. A fairly significant portion of the students (27%) still prefer face-to-face contact,while 24% say they never contacted their instructors. 17.Most freq.method of contacting instructor a.telephone b.emall c.€ace•tooface 16 11% 47 32% 40 27% d.video e.never conf. ccontacted 1 1% 36 24%b The students are moderately to very satisfied with both the frequency, 91%, and the quality, 93%, of their instructor contacts. They also report satisfaction with the instructional materials, 89%, and the equipment, 93%. Only 5% felt the instructor's teaching style did not fit their own learning style,with 94% satisfied with the match. 3 a.not at all b.moderately c.very well 20.instr,matenals/ftr.aid in learning? 12 8% 60 40% 73 49% 21.lnstr.materials/style match learn.style 8 5% 62 42% 77 52% a.not satisf b.mod.Satisf. c.very satisf. 22.Satisf.w.quality of instruct.equip. 7 5%6 73 49% 66 44% DEMOGRAPHICS The students'level of education and their workload suggest that the majority of them are in the PACE program. Fifty-nine percent have some college units,while an additional 241 have AA/AS and/or a baccalaureate degree. Fifty-seven percent work 32 or more hours per week.Another 24%work 11 to 32 hours weekly.This workload plus the typical 12 unit course load plus the fact that many of the students are single working parents make their accomplishments in the Distance Learning program truly remarkable. Demographics a.some HS b.diplomlGED c.Some call. 23.Current level of education 3 2% 18 12% 88 59% d.AA[AS e.l3A+ 28 19% 8 5%n aurone b.9 or less 01-21 d.21.32 24.Work hours/week 20 13°% 7 5%6 17 11% 19 13% e.32-40 f.40+ 33 22% 52 35% The students' ethnic background and household income reflect the diversity of the West County. This western edge of Contra Costa County is home to a broad range of communities, including the higher income Kensington through the upper middle Hercules to impoverished areas of Richmond. West County, Contra Costa College and the Distance Learning program have an equally broad range of ethnicities. Thirty-two percent of the students indicated a total household income of$30,000 or less -- at or below the poverty level for a family of four.While 28% of the students expected to have no difficulty, 71% reported moderate to great difficulty in paying living and school expenses. b.Asian- a.M.Am/Black. AmlAsian c.Filipino d1atinolHispanic 25.Ethnicity 42 28%d 17 11% 23 15% 21 14%8 e.Native Amer f.WhltelEuro. g.Other h.2+ethnic 0 0% 22 15% 12 8% 8 5% a.$10,000 or less b.$10,001.20,000 c.$20,001.30,000 26.Nousehoid Income 16 11% 11 7% 21 14% 4 d.$30,00i-50,000 e.$50,001+ 46 31% 44 30% The female:male ratio is substantially different from that of the College as a whole. While the ratio for the College approximates 66%women to 34% men,both Fall 2002 and Spring 2003 Distance Learning students reported closer to 75.25.The figures for this Spring are 78%women and 21%men. As is the case with a number of the questions,not all students answered this one. Sixty-seven percent are in the typical community college age range, from 18 to 35. Sixty-six percent are single. a.female b.male 28. ender 116 78% 31 21% a.<18 b.18.25 c.26.35 d.36.45 29.Age 4 3% 64 43% 36 24% 26 17% e.46-55 f.56+ 15 10% 1 1°/a a.single b.marded c.separated 30.Marital status 99 66% 40 27% 7 5% a.1-2 b.3-4 c.5.6 31.Semesters at CCC 40 27% 46 31% 34 23 d.6.7 e.6+ 11 7% 15 1 fl°la 5 SUMLIY The "typical" Distance Learning student who responded to the Survey is a single, non-Caucasian working woman with some college education — 71% have been at CCC for three semesters or more — within the 18 to 35 year age range usually associated with community college attendance. T,vventy-four percent of the Distance Learning students already have an associate or baccalaureate degree. Thirty-two percent report a household income that is considered within the poverty level, despite the fact that 70%work half to full time. Though the Survey does not ask about children, many of the students reported that they are single parents, with all the complications of schedules and responsibilities beyond their College obligations. Achieving a degree and transfer to a baccalaureate institution are their primary goals, though two-thirds or more also included improving their work situation and learning new things as moderately to very important. It is interesting to note that 57% felt that making new friends was equally important. More than go% reported moderate to great satisfaction with the quality of their courses, instructional materials and their instructors. Eighty-six percent were satisfied with the quality of the various student services they contacted. The students' primary complaints regarded the difficulty they had in viewing the telecourse tapes and the lack of additional program broadcast times. Many students would like to see additional telecourses in the schedule. Despite the real problems these students face in coordinating working hours, family care and class and study time, they report satisfaction with their experience and progress in the Distance Learning program. Many of them commented that if it were not for this program they would be unable to pursue their life goals. APPENDICES The fallowing pages include student comments, charts and detailed figures on responses to the Survey. 6 COMMENTS 1. What types of instructional resources helped you learn? *+* Telecourse tapes •►• Library resources *:• KCCTV •.+ Study Guides *+ Media Lab •* Textbooks ❖ Email contact with the instructor *.• Internet access ❖ Geography field trips *:• Philosophy syllabus +*++ The instructors 2. What Student Services helped? •:• Counseling ❖ EOPS counseling and mentoring ++ Career and Transfer Center •.* Orientation +.* Fee waiver Placement Office—job opportunities *.• Disabled student services *�* CalWorks program •:* Financial aid services 3. Suggested Improvements •.* Televise courses more than once a week +:• Have more copies of videos available so all students can access them +:* Absolutely and definitely need to keep a larger inventory of videotapes *�• Media lab closes too early for working students ❖ Make videos available for rent or purchase ❖ Try to find some way to reduce the cost of textbooks •.* Have more take-home tests Need to offer courses in Afro-American studies for evening PACE students •:+ Need extended hours to use the library computers •.+ The Geography text is poorly written—needs a new book *.• More class meetings for some courses 7 4. Are you planning to withdraw? ❖ No 5. General Comments ❖ I enjoy the Distance Learning classes very much. I am very grateful and appreciate the courses offered. And I hope they will continue in the future so many other students can benefit from the way I have. •S More classes should be offered thru the Distance Learning program because sometimes a class you really need isn't offered(in DL) and so you miss out on taking the class and it can set you behind a semester. ❖ I find this class (Psych 220)especially enjoyable. I also really like the environment. The students are more mature and I feel that it is motivating to learn. Thank you. 4- Please keep the Distance Learning going. It has helped me a lot. I can work and come to school. I can spend more time with my family. This is a great success program for working parents and students. 4- Some of us could use the summer for taking other Distance Learning classes. I would like more science classes in the summer. ❖ Maybe extend the counseling and disabled students services for working adults. •A Textbooks are very expensive. ❖ Keep the PACE program and offer more (classes)to working adults. ❖ The bookstore hours are very short. It's not possible for working people to leave work to come to the available times. ❖ Make more week-end classes. ❖ No comment—completely satisfied. + Pd like to see some teamwork assignments and/or some individual homework assignments. 4- This is a wonderful and convenient way for me to go to school. Through the weekend class I can go while working a full-time job. Thank you. ❖ I'd like to see more telecourses. ❖ I think the program is wonderful because I am a single parent working 40 hours/week. These classes help me to achieve my goals and still be able to make money to survive. 8 f rL Cl c cr to8 ` c5 MAI� c E Q7 VJ LUk, q 1 c� li � e G€ 0 a crto us TOM t a H 132; i 00 f-- i � am rev o i \ Fall � 3 X C " �w^fi W E Ci E CLe ROM �a =< �� yv O � �z $ +� a S z W ai M it7 e a M cr b p E U'5 41 o S O y o t� -r co .. ,Yµ o Ci co o c7 0 �s cli o co g in Im 3 � b �5 t� u � sQ o u�7au` CQ O +i-i 6 cq Cl) cv F4 n _ .. FFm ` ci as ry f i n t J6 (D p ■ Ci a� M co In ■ S7 13 D © ■ o L ' Ag ■ ■ a ■ s APPENC3IX F. CALIFORNIA STATE UNIVER.STY HAYWARD CABLENET TV/CCTV SURVEY REPORT DR. VALERIE, SIDE DECEMBER. 1998 The electronic form of this document is the Adobe Acrobat file 6F2-CSUH-Survey.pdf APPENDIX DiX 4„J s COMMUNITY NEEDS ASSESSMENT ASCERTAINMENT AND RECOMMENDATIONS REGARDING COMMUNITY CABLE-RELATED NEEDS AND INTERESTS FOR THE CONTRA COSTA CABLE CONSORTIUM SUMMARY Prepared by THE BUSKE GROUP 3001 J STREET,SUITE 201 SACRAMENTO, CA 95816 (916)441-6277 August 7,2000 A. INTRODUCTION The Buske Group was retained by Contra Costa County and the Cities of Walnut Creek, Martinez,Concord, Pleasant Mill, Antioch, Clayton, Lafayette, Orinda, Moraga and Danville (hereinafter referred to as "the Consortium")to conduct a community needs assessment as a part of the cable franchise renewal process. As a matter of federal law,the cable-related needs and interests of a community are protected in part through the franchise renewal process. During renewal proceedings, a community is permitted to establish basic requirements for cable system capacity, functionality, and customer service, and to require operators to provide facilities, equipment and channels for Public, Educational, and Government(PEG)access as well as an Institutional Network(I-Net). Each governmental entity of the Consortium, as the franchising authority for its area, is responsible for protecting the interests of cable subscribers and the general public through the franchising process by identifying cable-related needs and interests, and translating those interests into franchise requirements. A variety of methods were used to collect input from the community. Many voices were heard and community members were able to choose to participate in the process in whatever form they preferred. The list of information-gathering activities follows: • A statistically valid telephone survey of residents in the Consortiumm franchise areas. + A series of ten focus group workshops attended by close to 200 community members that included participant completed questionnaires. • Review of strategic plans, position papers, and other materials submitted by representatives of local government and educational institutions. • Public hearing testimony. • Meetings with AT&T staff at local programming operations and Government and Educational Access operations in the Consortium franchise areas,and facility inspections; provided forms for written input. • Meetings with members of area organizations who were interested in cable and telecommunication issues. The Buske Group evaluated all available data and prepared a draft Community Needs Assessment. This summary presents the major findings and primary recommendations for cable renewal in the Consortium area. 2 B. SUMMARY OF MAJOR FINDINGS 1. Telephone Survey. Primary findings of the telephone survey include the following: • Of those subscriber-respondents who had telephoned the cable company in the last year and were put on hold, only 4% said they were on hold for less than 30 seconds. Since such a high percentage of affected respondents said they were kept on hold for longer than 30 seconds (thereby exceeding the FCC's standard),further investigation of this matter is warranted. • Almost three-fourths (74.1%)of all respondents said that they had a computer in their home. Of those, 81.8%use it to access the Internet. • When asked about the importance of receiving several types of government and community information and services through the cable system, about three-fourths (74.8%)of the respondents rated access to public safety information as"important"or "very important", while access from home to library resources and government information and the ability to vote, renew your driver's license or obtain permits received these ratings from about two-thirds of the respondents. • About six out of 10 (58.7%) of all subscriber-respondents report having watched Contra Costa Television(CCTV). Of those who have watched CCTV,a similar percentage (58.2%) said they tune in at least monthly. • Over two-thirds (68.7%) of the subscriber-respondents said it is either"important"or "very important" to have cable channels that feature programs about local residents, organizations, events, schools and government. Close to two-thirds (62%) favored allocating a portion of their bill for such purposes—amounts ranged from $.50 to $5 per month. • When asked about receiving special commercial services via the cable system, well over half(57.2%)rated a high speed Internet connection as "important" or"very important." About three of 10 (31.5%)rated telephone service as"important" or"very important". Approximately 29% of the respondents who believe these services to be important or very important are willing to pay extra to receive them. • In general, cable subscribers who responded to the telephone survey are very satisfied with the picture/sound quality and billing policies of AT&T. However,just over ha f (53.8/) rated the overall value of the cable TV service as"good"or"very good". 2. Focus Groups. The focus group workshops were publicly advertised. In addition, members of specific community groups(i.e., arts,business, youth, education, etc.)were encouraged to participate. General conclusions from the questionnaire responses follow: • Nearly all (96%) of the focus group survey respondents felt it was "Very Important" or "Important"to have cable TV channels that feature programs about Contra Costa County residents,organizations, events, schools and government. 3 • A very high percentage (90%)of the focus group subscriber-respondents said they had watched the Public Access channel or the"CCTV --Contra Costa Television"channel on the AT&T cable TV service. Of this group, 40% watched more than five times and 234/ had watched more than 10 times in the previous month. • Local programming topics that focus group subscriber-respondents most often selected as ones they were"very interested"or`.`interested" in seeing included: ■ Information regarding public emergencies (93%) ■ City and County government meetings(92%) ■ Programs about issues facing City/County government (89%) .� Local public safety information(88%) ■ Courses from area colleges and universities(86%) ■ Programs about City/County arts,history and culture (85%) • A majority (51%)of all focus group questionnaire respondents said that they were not aware that they can learn how to make programs to show on the Public Access channel using video production equipment managed by AT&T. • Of those who had previously helped to produce a program to show on the Public Access channel, 53%said AT&T's equipment was in"fair"or"poor"condition and over three-fourths(79%)of them said that the equipment did not meet their needs. • Very high percentages of the focus group questionnaire respondents (much higher than national averages) said that they have a home computer system(92%),and that it is equipped with a modem(93%). • Of the very high percentages of focus group questionnaire respondents who expressed an interest in receiving one or more special services via cable (e.g., high speed Internet connection, two-way video teleconferencing), 41%said they would and 47% said they might be willing to pay an extra fee for these services. When the focus group survey respondents were asked to indicate the types of programming they believe should be more readily available on the cable company's channel line-up,the top choices were arts/cultural(71%),documentaries(68%),local news, activities, events, etc. (67%)and educational(66%). Most of those who said that other programming types should be more readily available said they would(26%)or might(55%)pay extra to receive channels devoted to such programming. When provided a list of services which could be received through their TV or home computer, the following percentages of focus group survey respondents indicated that obtaining these services was "Important"or "Very Important"to them: • 96%-Access to Library resources(card catalog,magazine articles,etc.) • 95%-Access to government information(meeting agendas, services,etc.) • 94%-Access to public safety information from police/fire departments • 86%-Ability to participate in interactive distance learning classes 4 ...... ......... ................._ ..... .........._...... _. ...... . ................_......_.. .......... ........... ......... .... _._...._. .................._........ ...... In addition, each focus group included a brainstorming session to give participants full opportunity to voice their opinions. When asked about the key issues facing public agencies and community organizations in the next five years, most often mentioned were concerns relating to: ProvidinglReceiving Community Services;Education;New Technologies;Communications and Public Awareness;Economic Development; Funding/Financial Support. When asked about the key challenges faced by organizations and agencies when communicating with constituencies,the leading areas identified were: inadequacy of available communications media; communicating with diverse groups; need for new education and skill sets; lack of cooperation and collaboration; cost barriers; more, better managed information needed When asked how their organization or agency could use cable or PEG Access to communicate, dozens of items and program topics were specified. Included among them: • community calendars • adult education (local/regional) • cable radio • programming on demand • distance learning • high-speed internet access • emergency preparedness training • telecommuting • live call-ins • video conferencing When asked what would make it easier for their organization or agency to use PEG Access to communicate,the top categories of need were: • Bandwidth/System Resign(e.g., programming on demand, spectrum space provisions tied to growth, ability to do live programming, I-Net). • Access Management/Policies and Procedures (e.g., cooperation of governments in provision of PEG, greater flexibility regarding program length and formats,promotion of PEG Access programs,welcoming environment). • Equipment and Facilities(e.g., PEG Access center serving all areas of the county, multiple locations of facilities, mobile production capability). • Staff Facilitation and Promotion(e.g., better education about existing cable resources, better promotion of local programming,production assistance). • Community and Customer Relations(e.g.,better telephone system at cable company, collaboration between the cable operator and arts community). • Funding(e.g., affordable access, funds for staff& engineering support, etc.). 3. Public Hearing Testimony. The most frequent subject of commentary by the residents who spoke at the five public hearings was support for the enhancement of PEG Access in the area, including the need for a Community Media Center managed by an independent organization that would serve the entire County. Many people expressed dissatisfaction with AT&T, and specifically mentioned concern about the following: 5 + the company's customer service practices + poor management of PEG Access + signal quality problems • the need for AT&T to have a local office • that the local rates are higher here than those in ether Bay Area communities Other items mentioned by multiple speakers included: • the need for competition to AT&T • a shorter franchise term + support for the development of an I-Net • Internet/cable modem service needed +► open access to Internet • the need for Spanish language programming channels +� PEO Access channels and programs in languages other than English,especially Spanish, 6 4. Review of strategic plans, technology plans,and other materials included the following. The Mt. Diablo Unified School District's"Technology, Information and Communications Plan" includes many elements that could easily be accomplished or linked through an institutional cable network. The District understands the impact of technology in education,plans to integrate technology literacy into instruction,and wants to create partnerships with.business. • The County's 1996 strategy paper regarding Information Technology anticipates using IT to improve service delivery and internal operations, promote cooperation, increase efficiency, and ensure the availability of information for decision making. Key elements could be accomplished through a cable system I-Net. • The Contra Costa County Library's Technology Plan includes a need to upgrade the library's Internet bandwidth and the number of links between branch libraries,while making the countywide, Wide Area Network accessible to all staff. Much of this could be accomplished through a cable system Institutional Network. • The Contra Costa College Strategic Plan stresses providing instruction "that is innovative and meets the needs of students." Two key concerns: (1) continued and increased provision of educational channel capacity on the cable system; and(2) construction of an interconnected cable system that allows the college to reach its service populations who are located in a number of different cable franchises. • The Contra Costa College Instructional Technology Plan lists a number of goals that could be aided by the design and support of the subscriber and institutional networks of the cable communications system. The college's plan specifies budget needs for lecture room multi-media presentation systems, distance learning rooms, computer labs, audio/visual technology,training and staff support. • In its instructional technology plan,the San Raman School District's Technology Task Force sets forth goals and objectives for using communication technology as a means to enable people to pursue education more effectively, creatively and differently. • A recent survey of Concord residents reported many findings that relate to cable communications. Cable regulation is a City service with which respondents are least satisfied. Nearly half had viewed a City Council meeting on cable TV. The City's "Street Smart"cable program is praised as an effective way to teach people to prevent crime. Programs that highlight a variety of city services and stories of community interest are desirable. • The Walnut Heights Elementary School "Technical Use flan"includes goals to provide "an environment in which technology is used as a tool to improve student learning and support the educational process." The design and support of the cable communications system could aid these goals. 2 • CCTV's government programming has expanded in recent years, leaving less and less time available for educational programming on that channel. As a result,the Contra Costa Educational Television Consortium has proposed that a new countywide educational channel be established and managed by a consortium of educational users at a cost of$.25 per subscriber. 5. Evaluation of Facilities,Equipment and Operations Primary findings regarding the facilities,equipment and operations that provide local programming to the franchise areas overseen by the Consortium members are limited by a lack of information from AT&T. AT&T did not return completed copies of the "Local Programming(questionnaire" and"Video Facility Inventory" forms to the consultant. These forms are routinely used by the Buske Group to collect information and AT&T has submitted them without problem in the past. As a result, the following findings are solely based upon an on-site tour of these facilities and discussions with the managers. The AT&T local production facilities in Walnut Creek, Martinez and.El Cerrito serve portions of the Consortium franchise areas. Other franchise areas within the Consortium have no production capability. In each location, little effort is made to encourage community use of the production equipment. For example, no regular training classes are offered through any of these facilities. Equipment usage and the availability of playback time on the community channels managed by AT&T is severely restricted and limited. Program listings for these channels are not included on the company's "TV Guide"channel. In addition,the studios are small and do not meet existing community use needs. Council chambers in Walnut Creek,Concord, Pleasant Hill, and those used for the County Board of Supervisors meetings are equipped to broadcast City Council and Board of Supervisors' meetings as well as limited other programming. Cameras and other equipment are of varying ages and states of repair; much needs to be replaced. None of the other Consortium cities have the ability to broadcast Council meetings. Contra Costa Television(CCTV)provides County government and educational programming and a variety of other services. The station's programs have received many national and regional awards during its six years of existence. The CCTV facility has high quality production equipment, most of which is about 6-7 years old. In contrast to AT&T, CCTV actively promotes the program schedule for its channel which can be challenging given that programming appears on channels 10, 18, 19, 27 or 30 depending on which cable system serves the subscriber. Contra Costa College via its"K.CCC" channel provides about 40 hours per week of locally originated educational programming. However,the vast majority of AT&T cable subscribers in the Consortium member cities cannot receive all of this programming. Much of the KCCC production equipment inventory is 8-10 years old, in fair or poor condition. Very few hours of original programming have been produced in recent years due to budget constraints. 3 C. PRIMARY RECOMMENDATIONS REGARDING COMMUNITY CABLE- RELATED NEEDS AND INTERES'T'S 1. Cable Plant and Headend • The cable plant and headend should be upgraded to a two-way activated 750 MHz or more system that utilizes optical fiber or other equivalent technology in order to improve picture quality and provide new enhanced cable services such as Internet access,high-speed data networking, and telecommuting and teleconferencing capabilities to residential subscribers, businesses, government agencies and schools. • The cable system architecture should provide fiber to the neighborhood node, with 750 or fewer subscribers served from any node. • The cable system should have state-of-the-art features, and franchise documents should include reasonable standards for upgrades during the franchise term. • The cable system upgrade should include spectrum set aside as an Institutional Network ("I-Netf). The I-Net should include any necessary equipment to permit video,voice, and data to be originated and received at a variety of locations. • The cable system should have expanded and enhanced return capability and capacity to accommodate current and future PEG Access activities and improve the signal quality from each PEG Access origination site. • The community focus group and telephone survey participants expressed a strong interest in local programming matters. Additional live origination points should be installed at locations from which live programming would likely occur. • The cable operator should provide a free cable drop, basic service, cable modem service, and all necessary equipment to each government building, school, library, and PEG Access facility, and permit these locations to extend their drops to other points, at their cost,without additional service fees. • The cable system should be interconnected with that of all cable communication service providers in the Consortium franchise areas and with other contiguous cable systems. The interconnected capabilities should be two-way activated and include the ability to send and receive PEG Access and I-Net programming and information between the affected cable systems. This interconnect should use technology that assures the highest quality signal possible. 2. Subscriber Services and Customer Satisfaction 4 • The cable operator should offer a variety of interactive services to both residential and business customers that include, but are not limited to, Internet access and telecommuting capability, including two-way video. • The cable operator should make adequate PEG Access spectrum available on the subscriber network. Additional spectrum/channels should be available for future PEG Access purposes. All PEG Access channel capacity/spectrum should be provided free of charge. • Adequate I-Net spectrum(plus necessary headend and plant equipment) should be provided by the cable company to government agencies, schools and libraries in the Consortium franchise areas. • The Consortium members should adopt and enforce customer service standards that meet or exceed the minimum obligations established by the Federal Communications Commission(FCC). According to the telephone survey findings, 96%of the subscriber-respondents who had telephoned the cable company in the last year and were put on hold said that they were kept on hold for longer than 30 seconds or were never connected. Therefore, the Consortium should give special attention to the issue of'telephone response time. 3. Public, Education,and Government(PEG)Access • Based upon input received during the needs assessment process and the experience with. PEG Access in other communities across the country,the Consortium members should consider the establishment of collaborative management organization whose primary function would be to provide a broad range of management services associated with the use of PEG Access channels, equipment,and facilities located within the Consortium franchise areas. • All franchises issued in the future should include provisions that: (a) specify requirements to fund and provide in-kind resources and support for a PEG Access management organization that would make its services and resources available to all residents,without regard to their chosen cable or other multi-channel programming service provider(if any); and(b)mandate that all areas governed by the Consortium members shall receive PEG Access programming via interconnection of all cable and +(SVS operators. • Upon completion of the cable system rebuild/upgrade,the cable operator must provide an appropriate amount of spectrum to meet the full range of PEG Access use on the subscriber network of the cable system. • All PEG Access channelslspectrwn must be provided free of charge to the PEG Access management entity and.users. 5 • PEG Access capacity must be converted to digital if and when the Basic Tier is converted to a digital format. The conversion cost is the cable operator's responsibility. • AT&T's local programming operations are not adequate to meet the current and future identified community needs and interests for PEC Access. Given the strong viability of a Community Media Center and the physical size of the Consortium franchise areas,the following recommendations are offered: ■ A Community Media Center should be constructed in the area governed by the Consortium. it would require about 8-10,000 square feet of appropriate space, provided either free of charge or for a token amount by a franchising authority, a school district, or other entity. s Given the size of the franchise areas governed by the Consortium members, it would also be appropriate to set up one or more PEG Access "satellite" facilities, which would each require about 4-5,000 square feet of appropriate space. ■ Any new franchise agreement should require the cable operator to provide funds to cover all costs associated with the renovation of building locations to house the Community Media Center and PEC Access satellite facilities. ■ If donated space from a franchising authority, school district,or other entity is not available,the cable operator should provide either a one-time major grant or a series of annual facility grants in amounts necessary to pay the costs to lease(or purchase) and renovate appropriate spaces for a Community Media Center and PEG Access satellite facilities throughout the life of any new franchise agreement. • Upon signing any new franchise agreement, the cable operator should provide a grant to purchase equipment to be located at the Community Media Center and the PEG Access satellite facilities. The franchise agreement should also require the cable operator to provide periodic equipment replacement grants. The recommended equipment includes packages for field production, editing and dubbing, studio production,playback on the PEG Access channels,computer/internet access,testing and maintenance,office use, and the chambers of the County Board of Supervisors and City Councils. AT&T should support the provision of PEG Access services in the Consortium franchise areas by providing funds on an annual basis that includes and exceeds the amount that it expended for local programming services in these franchise areas during 1999. Since AT&T has not provided that information(as requested)to date, a higher level of funding may be necessary to provide the type and level of services described above. • The Consortium members should consider allocating funds from their franchise fee revenues or other funds to supplement the PEG Access funding provided by the cable operator. + In order to promote PEG Access programming to Consortium franchise area residents and cable subscribers more effectively, the cable operator should provide the following: 6 w Courtesy promotion of the PEG Access channels and program listings in the cable operator's print and electronic programm guides, including the"TV Guide"channel. ■ Free promotional spots for the PEG Access channels and programming on the cable satellite services that make times available for local advertising insertions. s Free inclusion in the subscriber bills for informational"stuffers" several times per year. D. CONCLUSION Several conclusions can be drawn from the consultant's work. There is a clear need for, and interest in, enhanced PEG facilities and programming throughout the community-60%of the telephone survey participants and 90%of focus group participants watch CCTV or other public access television regularly. In addition, an Institutional Network could help overcome many of the barriers to good communication between and among governmental entities and the communities they serve. Further,the plans and other documents reviewed by the consultant show that many educational and governmental entities are ready to make good use of an I-Net.. Finally,the current system is insufficient to meet the needs of the community and must be upgraded.. More than most others nation-wide, our communities expect and are ready for the full-range of telecommunications services cable companies are now transitioning toward providing. The Consortium thanks all participants in the Community Needs Assessment process. 7 APPENDIX H. EXISTING TELEVISION PRODUCTION FACILITIES AND EQUIPMENT CONTRA COSTA COLLEGE Master Control Contra Costa College Television(KCCC)can play program material from a digital server, videotapes, satellite broadcasts, character generators, and live studio or classroom presentations. The digital files are compressed with MPEG 2 at a data rate of 4 Mbps. This relatively low value, equivalent to the quality of VHS tape, must be used because of storage limitations on the server which has only 120 GB. This is not sufficient for all the telecourse segments used in a semester. Manual data swapping is necessary which is time consuming, increases the chance of programming errors, and leaves data vulnerable to corruption. More server space is necessary. The server can control VCR's with an RS-232 or RS-422 interface. Currently there are two controllable S-VHS VCR's. More would allow the station to increase the variety of programming that is offered. There is also a broken U-Matic VCR that must be repaired to allow the playing of legacy tapes. The college has an adjustable 3-meter satellite antenna, but its bearings are worn and it cannot hold its position well. Signal quality deteriorates, sometimes to the point of being unusable. Furthermore, with only one antenna, it is impossible to schedule more than one satellite event without manually repositioning the satellite. If the existing antenna were repaired and two new antennas, each with a digital receiver, were installed,the college would greatly increase the amount of educational programming it provides to the community. Connectivity The signal from the program switcher in the college's master control room goes into a fiber optic transmitter and then goes to the cable company head-end serving Richmond, El Cerrito, Hercules and Berkeley. The signal also goes to 597 Center Street in Martinez where it is periodically switched into the feed from Contra Costa Television(CCTV)that goes to the countywide government channel. A cable drop at the college allows staff to monitor the signal on both the KCCC and the CCTV channels. Studio Production The college has a 30' x 30' television studio,a 100-seat classroom, and three teaching laboratories connected to a control room which can switch multiple cameras. There are four cameras,three of which are quite old. None of the cameras have studio-type controls and viewfinders which means they are more difficult to use, and impossible to use for persons with certain physical disabilities. At least three new cameras, configured for studio use, are needed. 1 Field Production The college has four low-quality, single-chip camcorders used primarily for student instruction. There are two newer three-chip mini-DV format camcorders and an older S-VHS camcorder, which would be a very desirable field camera because it uses 2-hour tapes,but because of problems, can no longer be used until repaired. There is very a limited capability for multi- camera remote productions. Editin The college has two tape-to-tape linear editing systems for simple productions. For non-linear editing of major projects,the college has a Media I40i/leDV system with a 154 GB hard drive. .For student projects there is a Media 100 le system with a hard drive partitioned into twenty 2 GB sectors. There is also a student laboratory with 24 Final Cut Pro systems with 20 GB of available storage in each. More storage space is needed with all systems. CALIFORNIA STATE UNIVERSITY, HAYWARD CNTV, the broadcasting station for California State University, Hayward,has a fully equipped video production and graphics design facility at the Hayward campus. The production format is Panasonic DVC-PRO Digital. The Studio is equipped with three 3VC digital cameras that feed into a Grass Valley switcher. For remote shoots, Panasonic 210 and 400 series cameras are used. The University's nonlinear editing suite is powered by Discrete Logic's Edit` video editing software on a Windows NT system, with mastering to DVC PRO, BETACAM SP, and SVHS. CNTV also does Web, DVD and CD authoring using use a variety of graphics software, including 3D Studio Max, Boris F/X,Painter, Inscriber CG, After Effects, Photoshop, and Illustrator, along with audio software including Acid Pro and Sound Forge with digital noise reduction and dynamic plug-ins. The main limitation with CNTV is that there is no direct connection to most of Contra Costa County. Programs that are broadcast countywide must be physically transported to Martinez on videotape and played at Contra Costa Television's(CCTV's)facility there. In order to make large scale broadcasting of CNTV's programs in Contra Costa County a reality, it will be necessary to establish a playback facility at CSUH's Contra Costa campus and a fiber link from there to the cable system. A server, VCR's, monitors and test equipment will be needed. Some video production equipment exists at the Hayward campus, but it is both too much in demand and too far away to support activities at the Contra Costa campus where a television studio,portable cameras, and as many as four non-linear editing systems are needed. 2 MT. DIABLO ADULT EDUCATION Mt Diablo Television consists of a studio,control room, office and two storage areas. The primary studio set is 23 feet wide and 8 feet tall. Lighting is studio florescent with portable incandescent lighting available. There are three older JVC KY-19 3CCD cameras with lens control units on ITE Pedestals. The studio is equipped with cabling to and from control room. There are four audio inputs in addition to two wireless microphones. The control room is equipped with camera controllers, a Play Trinity Switcher(8 inputs), S- Video recording and off-line editing, U-Matic off-line editing,(for training and playback), a second digital switcher, vertical camera, (Elmo), 16 channel mixer and two Final Cut Pro non- linear editing workstations. Mt. Diablo Television needs access to much better studio equipment, especially newer studio cameras and digital cameras for remote production. More non-linear editing stations are also needed. Another major limitation is in the amount of playback equipment for broadcasting onto educational channels. New VCR's, a digital server, and automation equipment are all needed. 3 APPENDIX I. LETTER. OF SUPPORT CONTRA COSTA EDUCATIONAL TELEVISION CONSORTIUM Contra Costa County Office of Education California State University, Hayward Ak Contra Costa Community College District July 14,2001 [Name&Address. Contra Costa County Mayors, City Managers, Cable Coordinators, :Board of Supervisors, County Administrator] Dear [ ] We are writing to you to express our commitment to educational television in Contra Costa County and to seek your assistance in acquiring channels, facilities and equipment that will enable public education to expand its potential and outreach significantly. Educational television is an important part of our overall educational delivery system and is capable of providing a broad spectrum of educational opportunities to people who cannot attend traditional classes due to life circumstances. It also enhances traditional education by allowing teachers to have two- way video interaction with students at remote sites, by bringing special channels and high speed Internet service into the classroom, by allowing students to get tutoring in their homes, and allowing parents to learn what's happening at their children's school. Furthermore, educational television can provide a great diversity of cultural programming not seen on commercial or even public television stations. Cour three institutions have been delivering educational television for a number of years and have plans for expanded programming in the future if we acquire the necessary capability. We feel the current cable television franchise negotiations provide an excellent opportunity to enhance these services, and we need your support in pursuing that objective. First,we want to assure you that there is a demand for, and that we will use, any educational channels that are obtained as part of the franchise negotiations. In view of the fact that CSU, Hayward is already broadcasting full--time in Alameda County and Contra Costa College will be able to broadcast full-tune this Fall,there is enough programming from just these organizations to fill two channels. If one adds the programming currently being produced by the Mt. Diablo Adult School and the programming potential of the other school districts and private schools in the County, it is not unreasonable to expect that over the life of the franchise agreement we would be able to fill a third and even possibly a fourth channel. Second,we will continue to use our existing studios,production equipment, video libraries and satellite dishes to provide the bulk of educational programming for the new channels. To get this programming to the cable system,however, it is essential that we have adequate fiber connections from our facilities to the channel origination point. Also,to realize our full potential c/o Contra Costa College Television, 2600 Mission Bell Drive, San Pablo, CA 94806 510-235-7800, ext 4440 for communicating information, whether in the form of video,voice or data, we would greatly benefit from an institutional network(I-stet)connecting the schools (K-12 schools, adult schools, districts, and the County Office of Education), colleges and universities in the County. Furthermore, since some educational programmers will not have their own video production facilities, it is important that the educational community have access to a community media center that has both studio and portable production capabilities. Third,we want to continue the dialogue with you and your representatives regarding the potential of educational television. Representatives from our three institutions, as well as from school districts and private schools, have been meeting for two years to plan the educational use of cable television in Contra Costa County. The Contra Costa Educational Television Consortium has made presentations to the County's cable coordinators and has sponsored a conference showcasing the potential for educational television in the County. The group is open to all educators in the County, and represents a high level of consensus in the educational community. They have our full support. We appreciate the cooperation you have afforded them to date and would hope that you continue to seek their input as negotiations intensify with cable providers. Finally,please let us know if there is anything else we can do to help,whom we might speak to, and what additional information we can provide. We look forward to working with you to ensure that educational programming reaches its full potential, and we appreciate your efforts on behalf of all students and parents in the County. Sincerely yours, Dr. Joseph Ovick, Contra Costa County Superintendent of Schools Dr. Norma Rees, President, California State University, Hayward Dr. Charles Spence,Chancellor, Contra Costa Community College District Distribution: Contra Costa County Mayors, City Managers, Telecommunications Coordinators, Board.of Supervisors, County Administrator c/o Contra Costa College Television, 2600 Mission Bell Drive, San Pablo, CA 94806 510-235-7800, ext 4440 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. TABLE OF CONTENTS Definitions............... ........................................................................................................6 1. Definitions. ...................................... ...................... ..............................................6 Grant and Scope of Franchise...................................... ................................................13 2. Grant of Franchise ..........................................................................................._13 3. Term of the Franchise....... ................................................. ........... ...................13 4. Effective Date......................................... ............... .................................... .......13 5, Franchise Territory..............................................................................................14 6. Geographical Coverage ..... ............... ................................ ............... ......._14 7. Franchise Not Exclusive....................... ............. ................................................14 SystemRequirements ....................................._........ .............. ......... .........................14 8. System Capacity........................................ ....................................... ................14 9. Institutional Network (I-Net)................................................................... .............15 10. Interconnection ...................................................................................................17 11. Standard Connections.................... ....................................... ...-......... ............18 12. Parental Control Lock............ ................... ..................................... .............18 13. Remote Control for Disabled .....................................__.................... ................18 14, Basic Services for CITY Facilities.............................................__........................18 15, Use of GRANTEE Facilities ...................................................................................19 16. Technical Standards ................... .......................................................................19 ConstructionRequirements ...........................................................................................20 17. Construction Segments................................................. ............. ..................20 18. Completion....................... .................................................... ...... ..................20 19. Undergrounding Requirements...........................................................................21 20. Construction Codes and Permits ................................... .................. .................22 21. Conditions on Access to Streets. .............................................. ......... ...........22 22. Right of Inspection ........................................... ..................................... ........25 23. Tree Trimming............................................................. ........................ ..............25 PEG Access and Facilities................ ........ ........... ............... ...................................26 24. PEG Access Capital Payments........................ ........................... ......................26 25. GRANTEE Capacity for PEG Access............................... ........................ ......28 26. Location of PEG Access Capacity................ ....... .............. ...............................29 27. Designated PEG Access Providers.......... ......................................... ................29 28. Digital Transition ................................................................ ...................... .....29 29. Compliance with Federal Law................ ............ ............ ............ ....................30 30. Additional Payments, Contributions, Support Not Franchise Fees......................30 Services..........._........................... ................. ........................... ........ ....... ............31 31. Open Platform for Internet Services........................... ..................... ........31 32. Customer Service Regulations... ................ .................... ..................................31 33. Programming Decisions of GRANTEE.......... .................... ............ ..................._31 34, No Limitation of Streaming Video........................................................................31 807/20104 Page 2 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Rates ...............................,.............................................~,...............,_,.......................32 35. Rate Regulation ..................................... ............................................................32�� 36. S�`M�r ����eA []�m]oU0t-...-----.-------.-------..-.-.---.. iseFees........ ................................................ ....................................................o4 �� 37. ��ran8h��> FE��-._-..--~,_._.__.,._.__`._.,__,,._.,,,._.,_~_,... Privacy �� -.-~~.-..~..'.~-..~-.~-._.-...._.-~.....-.'-...~.-.~....-.- 38. Rights Of Individuals...... ..................... .............................................................33 �� -�DaMsfeF ��nd ��eOeVVa[.--.-_.-_.......-.~.`.......-..'.--....-...~...,..-'-.- 39. Ownership of GRANTEE................................................................ .......................34 40. Conditional Transfer ofFranchise... ........ .............. ...........................................35 41. C[TY`sPFOce8siMg Costs......................................................................................36 42. Franchise Renewal .............................................................................................3/ Insuranceand Indemnity.................... ...........................................................................37 43. GRANTEE Indemnification............................ ........................................................37 44. Insurance .................. .........................................................................................39 Reportingand Review................................................... ......... ......................................4O 45. Records Required and C[rY'sRiOht to Inspect-.--------.--.----.../40 46. Annual Reports ............ .............................. .................. ....................................4i1 47. Periodic Evaluation and Review......... ...................................................... .........41 Enforcementand Remedies ............................... ...................... ...................................43 48. Force Majeure.................................................................... ....................... ........43 49. Liquidated Damages.......................... ........... .................................... ...............45 50. Enforcement Procedures ........................................................ ........... ...............46 51. Security Fund......................................................................................................47 52. Jurisdiction of California Courts and Waiver ofDiversity Jurisdiction-----../49 RighttDPurchase ....................................................................................... ...... ...........49 53. CDY/SRight to Purchase System... .............................................. .....................49 54. Purchase h« CITY Upon Expiration o[ Revocation...............................................49 55. Abandonment [xRemoval of Equipment ............................................................49 56. Extended Operation and Continuity of Service .................. .............................. S0 Generaland M ........................................................ ..................................51 57. Receivership and Foreclosure ....................... ............................................... -.51 58. Rights Reserved to CITY............................................... ......................................51 59. Notices................. ..............................................................................................52 60. Severability................................................................................................. ........62 61. Reservation of Rights............. .......................................... .................................52 62. Leased Access.............. ........ ............... ............................................................53 63. Federal, State and Local Jurisdiction ............. -................................................53 64. Emergency Use.... ........................................................................................ ~''53 65. Adequacy and Sufficiency of Consideration................................ ................... ...54 R07/20/04 Page 3ofG8 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 66. Conflict with and Amendment of Ordinance............................................. ..........54 67. Possessory Interest Taxation....... ......................... .......... ......... ............... .......54 68. Ordinances — Police Powers...................................... ....... ..........................54 69. Representations and Warranties of GRANTEE's Signatories................................54 EXHIBITS ............... ........................................ .......... .............. .............................56 EXHIBIT A MAP OF SERVICE AREA.......................................................................56 EXHIBIT B LIST OF POTENTIAL I-NET SITES........................................................57 EXHIBIT C PEG RULES AND PROCEDURES ....................................................._58 EXHIBIT D CUSTOMER SERVICE STANDARDS ...................................................617 EXHIBIT E EQUITY OWNERS OF GRANTEE ............................................................67 EXHIBIT F OPERATIONAL EQUIPMENT FOR MANDATORY I-NET SITES ..........68 807/20/04 Page 4 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. THIS AGREEMENT is entered into as of July _, 1999 by and between the CITY OF CONCORD, a municipal corporation (hereinafter "CITY") and SEREN IN- NOVATIONS, INC., a Minnesota corporation, (hereinafter "GRANTEE"). WHEREAS, CITY, pursuant to Applicable Law, including without limitation Article VI, Chapter 7 of the Concord Municipal Code ("Ordinance"), is authorized to grant one or more nonexclusive Franchises to construct, operate, maintain and reconstruct Gable Television Systems within CITY limits; and WHEREAS, CITY Council finds that the development of Cable Television Sys- tems has the potential of having great benefit and impact upon the residents of CITY. Because of the complex and rapidly changing technology associated with cable televi- sion, CITY Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in CITY or such Persons as CITY shall designate; and . WHEREAS, GRANTEE has applied to the CITY for a nonexclusive franchise to construct, install, maintain and operate a Cable System in CITY; and WHEREAS, the construction, installation, maintenance and operation of such a System involves the occupation of and placement of private commercial facilities in the Streets within CITY; and WHEREAS, CITY has considered the financial, technical and legal qualifications of GRANTEE, and has determined that GRANTEE's plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, CITY has relied on GRANTEE's representations regarding its financial, technical and legal qualifications and its plans for constructing, operating, and main- taining its Cable System, and has considered the information that GRANTEE has pre- sented to it; and WHEREAS, based on GRANTEE's representations and information, and in re- sponse to its request for a cable television franchise, the CITY Council has determined that, subject to the provisions of the Ordinance, and the terms and conditions set forth herein, the grant of a nonexclusive franchise on the terms and conditions herein and subject to Applicable Law, is consistent with the public interest; and WHEREAS, CITY and GRANTEE have reached agreement on the terms and con- ditions set forth herein; NOW THEREFORE THE ,PARTIES HERETO DO COVENANT AND AGREE AS FOLLOWS: 807120/04 Page 5 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Definitions 1. Definitions. For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense in- clude the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the defini- tion of any other term shall have their meaning as otherwise defined in this Section. The words "shall and "will' are mandatory and "may„ is permissive, Words not defined shall be given their common and ordinary meaning. a. "Affiliate" as used in this Agreement (including without limitation in con- nection with the definition of"Financial Interest") shall mean any subsidiary of GRANTEE, any parent of GRANTEE, any Person in which GRANTEE has a Financial Interest of thirty percent (30%) or more, any Person which has a Financial Interest of thirty percent (30%) or more in GRANTEE and any Person in which a Person, also having a Financial Interest of thirty percent (30%) or more in GRANTEE, has a Financial Interest of thirty percent (30%) or more, provided that the foregoing shall not include any Person whose rates are subject to regulation by the public utilities commission of any State. b. "Applicable Law" as used in this Agreement shall mean any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, rul- ing, award, executive order, directive, requirement, injunction (whether temporary, pre- liminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable to GiTY by any Governmental Authority. C. "Basic Cable Service" as used in this Agreement shall mean any Service Tier which includes the retransmission of local television broadcast signals. Basic Ca- ble Service as defined herein shall not be inconsistent with 47 U.S.G. 543(b)(7). d. "Gable Act" as used in this Agreement shall mean the Gable Communica- tions Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1934) (codified at 47 U.S.G. 521-811(1982 & Supp. V 1987)) as amended by the Gable Television Consumer Pro- tection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1995, Pub. L No. 104-458 and as the same may, from time to time, be amended. e. "Cable Television System„ "System" or "Gable Systems" mean a facility, consisting of a set of closed transmission paths and associated signal generation, re- ception and control equipment that is designed to provide Gable Service which includes Video Programming, data transmission and internet services and which is provided to multiple Subscribers within a community, but such term does not include: A facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; A facility that serves Subscribers without using any public rights-of way; 807/20/04 Fags 6 of 68 FRANCHISE AGREEMENT BETWEEN CiTY OF CONCORD AND SEREN INNOVATIONS, INC. A facility of a common carrier which is subject, in whole or in part, to the provi- sions of 47 U.S.C. 201-226, except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services, An open video system that complies with 47 U.S.C. 573; or Any facilities of any electric utility used solely for operating its electric utility sys- tem. Moreover, the parties further agree that, for purposes of this Franchise, the por- tion of the Cable System which is utilized exclusively to provide Internet services, equipment or bandwidth shall be excluded from this definition only when, if ever, such services, equipment and/or bandwidth is expressly prohibited from inclusion therein (a) by an enactment of State or Federal statutory law applicable to this Franchise Agree- ment or (b) by a judicial decision of a State or Federal appellate court which is control- ling upon CITY and applicable to this Franchise Agreement. f, "Cable Service" and "Cable Services" as used in this Agreement shall mean: (1) The one-way transmission to Subscribers of (i) Video Programming, or (ii) Other Programming Service; and (2) Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. The Circ and GRANTEE agree that, as of the date of the Agreement, all potential services of any type whatsoever which could be offered over the Cable System, except the tele- phonic transmission of voice, are within this definition of Cable Service. The parties further agree that, for purposes of this Franchise, such service or potential service of- fered in whole or in part by means of the Cable System shall be excluded from this defi- nition only when, if ever, such service is expressly prohibited from inclusion therein (a) by an enactment of State or Federal statutory law applicable to this Franchise Agree- ment or (b) by a judicial decision of a State or Federal appellate court which is control- ling upon CITY and applicable to this Franchise Agreement. g "Channel" or "Cable Channel" as used in this Agreement shall mean a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as defined by the Federal Communi- cations Commission. h. "Change of Control" as used in this Agreement shall mean any change, transfer or acquisition of control of thirty (30) percent or more of the equity ownership of GRANTEE, whether accomplished directly or indirectly through intervening subsidiaries of the transferor and/or transferee and whether by means sale, exchange, merger, con- solidation, transfer or any other means or device whatever. The word "control" as used in this Section is not limited to direct equity owners, but includes de facto control or sig- nificant influence with respect to the operation of the Cable System. For purposes of this Section, "significant influence occurs where a person other than GRANTEE or a Per- son controlling, controlled by or under common control with GRANTEE exercises working or effective control of material decisions affection the operation of the Cable System and 807120/04 Page 7 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC, includes without limitation management agreements conveying such decision-making to managers other than GRANTEE. For purposes of this Section, an initial public offering of GRANTEE's common stock pursuant to a Registration Statement filed with the United States Securities and Exchange Commission on Form S-1 shall not be deemed a "change of control,"provided that this exception shall not apply if any one Person shall directly acquire thirty percent (30%) or more of the outstanding stock of GRANTEE di- rectly through such an offering. i. "CITY" as used in this Agreement shall mean CITY of Concord. The CITY Manager or his/her designee shall be responsible for the continuing administration of the Franchise. j "Class IV Channel" as used in this Agreement shall mean a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the Cable System. k. "Council" as used in this Agreement shall mean CITY Council of the CITY of Concord. 1. "County„ as used in this Agreement shall mean the County of Contra Costa. M. "Dwelling Unit" as used in this Agreement shall mean residential living units as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple family residential units. n. "Financial Interest" as used in this Agreement shall mean and include without limitation: 1. Any form of equity ownership interest, which is either (a) direct or (b) indirect through another form of Person; 2. Any form of contingent or optional ownership interest; 3. Any contract in which GRANTEE or any Affiliate thereof is to receive a percent- age of the gross revenues and/or a percentage of the net income of the other party to the transaction by reason of the activities encompassed by said con- tract; 4. Any debt relationship in which GRANTEE as debtor borrows funds at a rate more advantageous than that generally available to similarly situated entities of similar creditworthiness; 5. Any debt relationship in which GRANTEE as creditor receives a rate of interest exceeding that which would otherwise be paid by a similarly situated debtor of similar creditworthiness; 807/20/04 Page 8 of 68 FRANCHISE AGREEMENT BETWEEN CiTY OF CONCORD AND SEREN INNOVATIONS, INC. 6. Any option or warrant to purchase the stock or other equity interest in any Person which is related to a Person which generates revenues arising from or attributable to the operation of the Cable System; and 7. Any debt relationship which has conversion privileges to a form of equity of the nature described in the preceding subsection. o. "Franchise" as used in this Agreement shall mean an initial authorization, or renewal thereof, (including a renewal of an authorization which has been granted subject to 47 U.S.C. 545), issued by CITY, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorized the construction or operation of a Cable System. P. "Franchise Agreement" as used in this Agreement shall mean a Franchise granted pursuant to this Agreement containing the specific provision of the Franchise granted, including references, specifications, requirements and other related matters for the construction or operation of a Cable System. q. Franchise Fee" as used in this Agreement shall mean any tax, fee or as- sessment of any kind imposed by CiTY on GRANTEE or cable Subscriber, or both, solely because of their status as such. The term "Franchise Fee" does not include: (i) any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable Sub- scribers); (ii) capital costs, including without limitation the Periodic PEG Access Capital Payments and the Lump Sum PEG Access Capital Payments, which are required by this Agreement to be incurred by GRANTEE for PEG Access Facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, Security Funds, letters of credit, insurance, indemnification, penalties or liqui- dated damages; or (iv) any fee imposed under Title 17 of the United States Code. r. "Governmental Authority" as used in this Agreement shall mean any Court of competent jurisdiction or other federal or state department, commission, board or agency. s. "GRANTEE" as used in this Agreement shall mean any Person receiving a Franchise pursuant to this Agreement as represented by its agents, officers, designees, or any lawful successor, transferee or assignee. t. "Gross Revenues" as used in this Agreement shall mean all revenue re- ceived directly or indirectly by GRANTEE, or any Affiliate thereof, arising from or attribut- able to, the operation of the Cable System to provide Cable Service. Gross Revenues shall include, but shall not be limited to: 1. Revenue from (1) payments for service, equipment, late fees, franchise fees and other charges, including without limitation all payments directly or indi- rectly from Subscribers; (2) advertising carried on the Cable System or in subscriber bills; and (3) programmers or others relating to transmissions car- R07120/04 Page 9 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. rigid on the Cable System, including but not limited to payments to carry pro- gramming and home shopping revenues. 2. All revenue directly or indirectly attributable to GRANTEE which is received by any Affiliate, whether or not such revenue is actually received by GRANTEE. 1 Revenue which is not actually received by GRANTEE or an Affiliate thereof re- flecting the value of services bartered or exchanged for non-monetary con- sideration. 4. To the maximum extent permitted by Applicable Law, revenues derived from the provision by GRANTEE or any Affiliate thereof of Internet access, cable modems and/or other Internet-related services, including without limitation bandwidth leased to unaffiliated Internet service providers. 5. Revenue from any activity, product or service which generates revenue of any type whatsoever and which is offered to users by means of the Cable System. 6. Revenue from any activity, product or service in the production or provision of which any of the assets of the Cable System, including without limitation ca- ble, computers, servers, production facilities and administrative facilities, are utilized, unless such revenue is expressly excluded from Gross Revenues by Applicable Law. 7. In the event that GRANTEE shall, during the term of the Franchise, bundle, tie or combine Cable Services (which are subject to the Franchise Fee provi- sions hereof) with non-Cable Services (which are not subject to the Franchise Fee provisions hereof), the combined revenue therefrom shall first be allo- cated, solely for the purposes of calculation of Gross Revenues hereunder and without regard to actual distribution of the revenue by GRANTEE as be- tween the functions, to Cable Services to the full extent which would have been charged by GRANTEE if the Subscriber had received only the Cable Services. In no event shall the amount allocated to Cable Services under the foregoing calculation exceed (1) the total amount of combined revenue actu- ally received by the GRANTEE or any Affiliate therefrom or (2) the net revenues derived when mandatory tariff rates imposed by a Governmental Authority for components of the combined service are deducted from the combined reve- nue. Gross Revenues shall not include (i) the amount of any tax, fee or other assess- ment imposed by law upon Subscribers or others which GRANTEE is obligated to collect and pass on in full to the applicable taxing authority, nor (ii) Periodic PEG Access Capital Payments as defined herein.. Moreover, revenues of both GRANTEE and any Affiliate which represent a transfer of funds between them shall be counted only once for purposes of determining Gross Revenues. Refunds of revenues previously received and accounted which are paid to Subscribers shall reduce Gross Revenues by the amount of the refunds received during the reporting period in which such refunds are made. 807/20/04 Fuge 10 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. This definition shall be deemed to include all gross receipts and revenues to the fullest extent permitted by Applicable Law. Moreover, no portion of revenue may be excluded by GRANTEE from the calculation of Gross Revenues on grounds of asserted exemption or preemption by State or Federal law unless the use of such revenues for the calculation of Franchise Fees has been expressly prohibited (a) by an enactment of State or Federal statutory law applicable to this Franchise Agreement or (b) by a judicial decision of a State or Federal appellate court which is controlling upon CITY and appli- cable to this Franchise Agreement. Gross Revenues shall not include revenues derived from the provision of Internet services, equipment and/or bandwidth to the extent that (1) such revenues are expressly excluded from such definition (a) by an enactment of State or Federal statutory law applicable to this Franchise Agreement or (b) by a judicial decision of a State or Federal appellate court which is controlling upon CITY and appli- cable to this Franchise Agreement or (2) the CITY permits such revenues to be excluded from the calculation of gross revenues for franchise fee purposes by any other cable operators then operating within the CITY. Gross Revenues shall be the basis for com- puting the Franchise Fees imposed pursuant to Section 38 hereof. U. "Installation" as used in this Agreement shall mean the connection of the System from the tap to the point of connectivity to a Subscriber's terminal for the provi- sion of Cable Service. V. "Institutional Network' (or "I-Net") as used in this Agreement shall mean a communications system, whether physically integrated with a cable system or not, that is constructed, operated or maintained by GRANTEE, whose transmissions are principally available to persons other than cable television subscribers (Le. government agencies and affiliated non-profits, and educational institutions). The Network includes all equip- ment required to make the capacity available including but not limited to fiber, coaxial cable, switching, patching, electronic transmitting, receiving, and signal conversion nec- essary for effective use of the I-Net. W. "interconnect" as used in this Agreement shall mean the provision by GRANTEE of technical, engineering, physical, financial, and all other necessary compo- nents to accomplish, complete, and adequately maintain a physical (or other technically feasible) linking of GRANTEE's Cable System and Cable Services or any designated Channel or signal pathway thereof, with any other designated cable system or pro- grammer so that Cable Services of technically adequate quality may be sent to and re- ceived from such other systems. X. "Normal Business Hours" as used in this Agreement shall mean those hours during which most similar businesses in CITY are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours at least one night per week and some weekend hours. Y. "Normal Operating Conditions" as used in this Agreement shall mean (1) those service conditions which are within the control of GRANTEE and (2) those which are not within the control of GRANTEE but are nonetheless reasonably foreseeable. Those conditions which are not within the control of GRANTEE include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and 807/20/04 Wage 11 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. severe or unusual weather conditions. Those conditions which are ordinarily within the control of GRANTEE include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. Z. "Other Programming Service" as used in this Agreement shall mean in- formation that GRANTEE makes available to all Subscribers generally. aa. "Person" as used in this Agreement shall mean any individual or any as- sociation, firm, general partnership, limited partnership, joint stock company, joint ven- ture, trust, corporation, limited liability company or other legally recognized entity, pri- vate or public, whether for-profit or not-for-profit. bb. "Public, Educational or Government Access Facilities" or a "PEG Access Facilities" mean: Channel capacity designated for public, educational or governmental use; and Facilities and equipment for the use of such channel capacity. cc. "Section" as used in this Agreement shall mean any Section, subsection or provision of this Agreement. dd. "Service Area" or "Franchise Area" as used in this Agreement shall mean the entire geographic area within CITY as it is now constituted or may in the future be constituted, unless otherwise expressly specified in this Agreement. ee. "Service Interruption" as used in this Agreement shall mean the loss of picture or sound on one or more Cable Channels for more than sixty (60) seconds. ff. "Service Tier" as used in this Agreement shall mean a category of Cable Service or other services provided by GRANTEE and for which a separate rate is charged by GRANTEE. gg. "State" as used in this Agreement shall mean the State of California. hh. "Street" as used in this Agreement shall mean the surface of and the space above and below and from right-of-way line to right-of-way line in each of the fol- lowing which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within CITY limits: streets, roadways, highways, avenues, paths, lanes, alleys, sidewalks, boulevards, easements, rights-of-way, and similar public property and areas that CITY shall permit to be included within the definition of Street from time to time. ii. "Subscriber" as used in this Agreement shall mean any Person who or which lawfully elects to become a recipient of Cable Service provided by GRANTEE by means of or in connection with the Cable System whether or not a fee is paid for such service. 807/20/04 Page 12 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND ,SEREN INNOVATIONS, INC. jj. "Video Programming„ as used in this Agreement shall mean programming provided by, or generally considered comparable to programming provided by a televi- sion broadcast station. Grant and Scope of Franchise 2. grant of Franchise The Franchise granted hereby provides GRANTEE with the authority, right and privilege to construct, reconstruct, operate and maintain a Cable Television System within the Service Area, subject to the terms and conditions of this Agreement. The Franchise granted by CITY under the provisions of this Agreement shall encompass the following purposes: To engage in the business of providing Cable Service to Subscribers within the Service Area. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain and re- tain cables, lines, related electronic equipment, supporting structures, appurte- nances and other property in connection with the operation of a Cable System in, on, over, under, upon, along and across Streets within the Service Area. To maintain and operate said Franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals for the delivery of Cable Services. Nothing contained herein shall prevent GRANTEE from offering non-Cable Services through the Cable System. 3. Term of the Franchise The term of the Franchise granted pursuant to this Agreement shall commence on the Effective Date and shall expire fifteen (15) years from the date thereof, at which time it shall be of no force or effect unless the Franchise is then renewed in accordance with the provisions of this Agreement and Applicable Law. 4. Effective Date The grant of the Franchise provided for in this Agreement shall be effective on the date first above written (the "Effective Date"), provided that, prior to or upon the date Of CITY's approval of and authorization of execution of this Agreement, GRANTEE shall theretofore have fully executed this Agreement and submitted to CITY all required sub- missions required hereby, including without limitation, the Security Fund and insurance certificates provided for in this Agreement. 807/20/04 Page 13 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. S. Franchise Territory The Franchise granted pursuant to this Agreement shall be valid within the Serv- ice Area. 6. Geographical Coverage a. GRANTEE shall design, construct and maintain the Cable Television Sys- tem to pass every dwelling unit in the Service Area, provided that GRANTEE may apply to CITY for a low-density exception for any specific mile of street within the Service Area, which has less than thirty-six (36) Dwelling Units fronting thereupon, measured from the closest point of connectivity to GRANTEE's System, provided that GRANTEE's Cable Sys- tem shall be designed to reach the maximum possible number of Dwelling Units and to minimize the existence of any low-density exception within CITY. GRANTEE shall be re- sponsible for providing sufficient information to CITY to establish the existence of the low-density exception and to establish that the System's architecture is such as to minimize the occurrence of such low density exceptions. GRANTEE shall bear the bur- den of proof as to bath elements. b. After service has been established by activating trunk and/or distribution cables for any portion of the Service Area, GRANTEE shall provide Cable Service under Normal Operating Conditions to any requesting Subscriber within that portion of the Service Area within fifteen (15) days from the date of request, subject to the right of GRANTEE to assert the low-density exception defined in subsection (a) above. 7. Franchise Not Exclusive The Franchise granted under this Agreement shall be nonexclusive. The CITY specifically reserves the right to grant, at any time, such additional Franchises for a Ca- ble System or any component thereof, as it deems appropriate, subject to Applicable Law. The CITY also specifically reserves the right to operate a municipal Cable System, or any portion thereof, pursuant to Applicable Law and shall not be required to grant a Franchise to CITY for the operation of a municipal Cable System unless specifically re- quired by Applicable Law. System Requirements 8. System Capacity Subject to the force majeure provisions of this Agreement, GRANTEE shall con- struct a Cable System which strictly conforms, at a minimum, to that proposed by GRANTEE it its Application dated February 10, 1999 which is on file with CITY Clerk of CITY including without limitation one with a minimum upper operating frequency of Eight Hundred Sixty (860) MHz hybrid fiber coaxial (HFC) bi-directional cable distribution 807/20704 Page 14 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. system, capable of delivering at least one hundred thirty-four (134) analog cable chan- nels. 9. Institutional Network (I-Net) a. The GRANTEE shall, concurrent with the building of the main subscriber network, construct an Institutional Network (I-Net) dedicated for CITY, public agency, educational and non-profit use consisting of twelve (12) optical fibers. GRANTEE shall assure in the design and construction of its system that the aforementioned optical fiber capability will be provided on all of GRANTEE's fiber backbone routes. The dedicated fibers shall connect all facilities (nodes) listed on Exhibit B and allow a protected con- nection to assure that I-Net communications can move upstream and downstream in, out, and through each node. Such optical fiber capability will be available to CITY and its designated agencies for I-Net purposes pursuant to terms and conditions described in this Section. The I-Net shall be reserved for the sole use of CITY and its Designated Users. Upon request GRANTEE shall extend similar capacity on the I-Net to any Cin, or City Designated Users, building located within the Franchise area, which is constructed, acquired or leased by CITY, or City Designated User, during the term of the Franchise, provided that GRANTEE's obligation to extend similar capacity to such new and/or addi- tional buildings ("Extension Obligation"), shall be limited to not more than two (2) such new and/or additional buildings per year of the franchise term regardless of the number of Extension Obligations which were utilized in prior years. Each of the buildings served pursuant to this Extension Obligation shall be deemed Mandatory Sites in addition to those designated pursuant to subsection (b) below. b. During initial construction GRANTEE shall construct optical fiber nodes within each building selected from Exhibit B as specified by CITY, or its Designated User. The cost of extending fiber from GRANTEE's backbone into each building shall be borne by GRANTEE as to forty (40) of the facilities listed on Exhibit B (the "Mandatory Sites"), pro- vided that the remaining sites listed on Exhibit B which are not Mandatory Sites ("Op- tional Sites) shall be constructed, if so designated by CITY as herein provided, by GRANTEE at CITY's cost. CITY's cost for the installation of such of the Optional Sites as CITY may choose shall be GRANTEE's actual, marginal, third-party, out-of-pocket cost (not including any imposition for administration, overhead, depreciation or amortization), plus tent (10%) percent thereof ("Marginal Cost'). CITY's payment of GRANTEE's Mar- ginal Cost for such of the Optional Sites as CITY shall select shall be made to GRANTEE upon completion and activation of the I-Net. CITY shall select the Mandatory Sites and such of the Optional Sites as it shall desire to be connected to the i-Net during con- struction on or before thirty (30) days after the date of the issuance of the Notice to Pro- ceed for the Construction Segment Area containing such Mandatory Sites and such selected Optional Sites ("CITY Selection Date"). After the CITY Selection Date for any given Construction Segment Area, GRANTEE may agree to perform additional connec- tions of Optional Sites for CITY at GRANTEE's Marginal Cost, but need not do so. All Mandatory Sites and such Optional Sites as CITY shall timely select shall be fully opera- tional not later than eighteen (18) months after the issuance of the Notice to Proceed for the first Construction Segment Area, provided that such completion date shall not apply to Optional Sites selected for connection to the I-Net after the City Selection Date in- R07/20/04 Page 15 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. eluding without limitation traffic control and/or traffic congestion locations selected by CITY. GRANTEE will install at GRANTEE's expense in each Mandatory Site facility se- lected from Exhibit B by the CITY the necessary equipment to activate a 100 megabit Ethernet system with routers, equipment racks and computer card(s) ("Operational Equipment") necessary to make the system operable at each location. An list of such Operational Equipment is attached hereto as Exhibit F, subject to modification and/or upgrading to reflect developments in technology as may be approved by CITY. The GRANTEE shall interconnect the facilities and hardware specified within this Section into an operational network to assure that 1--Net communications can move upstream and downstream in, out, and through each node. Upon acceptance of the I-Net by CITY and issuance of its certificate of acceptance ("Certificate of Acceptance") therefor, all nodal equipment shall be owned by CITY, or its Designated User (provided that any 1-Net equipment located at location of a for-profit Designated User shall be owned by City), GRANTEE shall be relieved of further responsibility therefor (apart from reasonable and customary warranty work), and CITY or Designated User shall be responsible for its maintenance and, if necessary, its replacement. Should CITY elect to use other than GRANTEE to connect Optional Sites, the engineering and technical specifications appli- cable to such connection shall not degrade the I-Net and shall meet the reasonable construction standards of GRANTEE. C. Upon completion of 1-Net construction, GRANTEE shall provide, for the pur- poses described below, all equipment necessary to satisfactorily conduct and provide CITY with proof of performance measurements pursuant to this Section. After accep- tance of the proof of performance by CITY and issuance of its Certificate of Acceptance, GRANTEE shall be responsible for maintaining I-Net optical fiber lines to the same extent and in the same manner as it maintains its comparable optical fiber lines in the sub- scriber network. The GRANTEE shall provide reasonable technical support and consulta- tion to CITY or its Designated User regarding the development and use of the I-Net. d. The use of the I-Net shall be free of charge to CITY and its designated users ("Designated Users"). The CITY will determine which Persons may become Des- ignatedUsers. CITY will not make commercial use of the I-Net, i.e. CITY's charges to Designated Users shall not exceed CITY's reasonable estimates of its costs relating to the operation, maintenance, upgrade and replacement of the I-Net. Nothing in the fore- going shall prevent CITY from selecting as a Designated User a for-profit Person. e. The parties acknowledge that the agreement regarding usage of the I-Net is subject to all local, state, and federal law. The CITY agrees to indemnify and hold harmless GRANTEE from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly and solely related to the material under CITY's control carried on the I-Net, including but not limited to, copy- right infringement, libel, slander, defamation, patent, trademark, or invasion of privacy claims. f. The foregoing I-Net, as defined, is known to be less than CITY's current needs. However, as of the Effective Date of this Agreement, CITY is in the midst of a "needs assessment" process in connection with the potential renewal of the franchise of CITY's incumbent cable operator and the precise level of CITY's ultimate I-Net needs and R07/20/04 Page 16 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. the contribution required of the incumbent operator as a condition of that potential re- newal cannot be determined in advance of that renewal process, which may not be concluded for as much as forty-two (42) months after the Effective date hereof. None- theless, because CITY presently envisions that it will have need for only a single I-Net (although it is expected that the I-Net will be required to be expanded from its currently planned scope and configuration) and GRANTEE's contribution thereto must be fixed in this Agreement, CITY agrees that, upon completion of the renewal process related to the incumbent operator, it is the CITY's express desire that the relative contributions of GRANTEE and the incumbent cable operator (as well as those of any other cable opera- tors that are unknown at this time that may enter into a franchise agreement with CITY prior to that time) be equalized so that no single cable franchisee of CITY shall have borne a competitively disproportionate contribution to the I-Net ultimately developed for use of CITY. In the event that CITY should determine, in the good faith exercise of its sole discretion, that GRANTEE shall have theretofore borne (or based upon the contrac- tual provisions of the franchise related to the incumbent operator, shall thereafter bear) a competitively disproportionate contribution to the ultimately developed I-Net of CITY, the CITY will reopen good faith negotiations with GRANTEE, as to the [-Net provision only, to rectify any such imbalance perceived by CITY and may employ any of a variety of mechanisms to do so, including without limitation a transitory and/or permanent reduc- tion in the Periodic PEG Access Capital Payments of GRANTEE. Nothing in the forego- ing is intended to imply that CITY has any particular expectation that the incumbent ca- ble operator or any other cable operators that may enter into franchise agreements with CITY will provide or agree to provide any contributions and/or resources for the [-Net. 10. Interconnection GRANTEE shall design its Cable System so that it may be two-way Interconnected with any or all other Cable Systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods. GRANTEE may Interconnect its Cable System with other Cable Systems upon its own initiative, or upon request to or order of CITY to Interconnect. If so ordered, GRANTEE shall begin in good faith negotiations concerning Interconnection with the other affected Cable System(s). If so ordered, GRANTEE shall Interconnect with any adjacent Cable System(s) which is owned by or controlled by GRANTEE or any Affiliate thereof. All sig- nals to be Interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a de minimis level of distortion. GRANTEE shall cooperate with any Interconnection corporation, regional Interconnection authority, state or federal regulatory agency which may hereafter be established for the purpose of regulating, facilitating, financing or otherwise encouraging the Interconnection of com- munications systems within and beyond the boundaries of CITY. To facilitate Intercon- nection with other adjacent systems which are owned or controlled by GRANTEE or any Affiliate thereof ("Adjacent Related Systems"), GRANTEE shall place all comparable PEC channels on the System and on Adjacent Related Systems on channels having the same numerical designations. Nothing in the foregoing is intended to imply that CITY has any particular expectation that any other affected Cable System(s) will necessarily conclude Interconnection agreements with GRANTEE, 807/20/04 Page 17 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 11.Standard Connections If the aerial or underground connection for service to a Subscriber's location (sometimes known as a "drop") requires no more than a one hundred fifty (150') foot extension drop measured from the nearest Street (whether or not GRANTEE has elected to place its Cable System in that Street), GRANTEE shall provide the connection to its service at no charge for the initial one hundred fifty (150') feet other than GRANTEE's standard installation fee. 12. Parental Control Lock GRANTEE shall provide, at no charge, to Subscribers, upon request, a parental controllocking device or digital code that permits inhibiting the video and audio portions of any Channels offered by GRANTEE. 13. Remote Control for Disabled Subscribers with a disability (within the meaning ascribed to that term under the Americans with Disabilities Act) shall, upon request, be provided with a standard, hand- held remote control for the converter device at no charge. 14. Basic Services for CITY Facilities At the earliest feasible time and in any event not later than the completion of construction in each Construction Segment Area, GRANTEE shall make available without cost to each CiTy facility listed on Exhibit B, public school, fire station and public library located,within that Construction Segment Area, a standard drop and Basic Cable Serv- ice, together with all equipment necessary to receive and decode Basic Cable Service, subject to the following conditions: a. GRANTEE shall be required to make only one (1) standard installation and shall not be required to wire the entire building or to provide more than one (1) outlet at no cost; b. GRANTEE shall be required to provide only its basic cable service at no charge; and c. Service shall only be required if there is an energized distribution cable within one hundred fifty feet (150') of the site. GRANTEE shall provide an Internet access device, e.g. cable modem or its equivalent, and Internet access, equivalent to basic residential subscriber access, to all CITY facilities listed in Exhibit B upon the latter of (a) completion of the I-Net or, (b) acti- vation of such service to the first Subscriber ("Activation Date"). To establish the Acti- vation Date, GRANTEE shall dive written notice to CITY of the activation of the first Sub- scriber within ten (10) days after such activation. 807/20/04 Page 18 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 16.Use of GRANTEE Facilities The CITY shall have the right to install or maintain any wires and fixtures desired by CITY upon the poles and within the underground pipes and conduits of GRANTEE. If CITY desires to utilize GRANTEE's facilities, CITY and GRANTEE shall enter into a mutually acceptable separate agreement for the provision thereof. Any such agreement shall, contain rates, terms, and conditions that are no more favorable nor less burdensome than the rates, terms, and conditions made available by GRANTEE to any other Person. The GRANTEE may deny use of its facilities if CITY's proposed installation or mainte- nance is not technically feasible, exceeds available space, or otherwise interferes with the existing or future operations of GRANTEE. 16. Technical Standards a. The GRANTEE shall construct, install, operate and maintain its System in a manner consistent with all Applicable Law and the Federal Communications Commis- sion technical standards, and any standards set forth in its Franchise Agreement. In addition, GRANTEE shall provide to CITY, upon request, a written report of the results of GRANTEE's periodic proof of performance tests conducted pursuant to Federal Commu- nications Commission standards and guidelines. b. GRANTEE shall at all times fully comply with the provisions of the Federal Communications Commission technical standards at Section 76, Subpart K of the Code of Federal regulations. C. All installation of electronic equipment shall be of a permanent nature, du- rable and installed in accordance with the provisions of the National Electrical and Safety Cade and National Electrical Code, as amended, and as may from time to time be amended. All construction practices shall be in accordance with all applicable sec- tions of the Occupational safety and Health Act of 1970, as amended, as well as all other Applicable Law. d. Antennae and their supporting structures (towers) shall be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all ether Applicable Law. e. All of GRANTEE's plant and equipment including, but not limited to, the an- tenna site, headend and distribution system, towers, house connections, structures, poles, wire, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and oper- ated in accordance with good engineering practices, performed by experienced mainte- nance and construction personnel so as not to endanger or unreasonably interfere with improvements CITY may reasonably deem appropriate to make or to unreasonably in- terfere in any manner with the rights of any property owner, or to unnecessarily hinder or obstruct pedestrian or vehicular traffic. 807/20/04 Page 19 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEMEN INNOVATIONS, INC. f. GRANTEE shall at all times employ ordinary care and shall install, and maintain in use commonly accepted methods and devices preventing failures and acci- dents which are likely to cause damage, injury or nuisance to the public. g. GRANTEE shall, at a minimum, comply at all times with all applicable Fed- eral Comm unications-Commission (FCC) Rules and Regulations, Part 76, Subpart K (Technical Standards), as may be amended from time to time. Construction Requirements 17. Construction Segments GRANTEE shall construct the Cable System in a series of reasonably contiguous areas of CITY, to be defined by GRANTEE in its application for a Notice to Proceed for each such area (such an area hereinafter a "Construction Segment Area" or "CSA"). Subject to such exceptions as may be approved by CITY, in its sole discretion, each CSA shall be adjacent to and contiguous with a prior approved CSA. GRANTEE shall not construct any Cable System facilities within a Construction Segment Area until GRANTEE has secured a Notice to Proceed for that CSA from CITY. GRANTEE's application for a Notice to Proceed shall be accompanied by evidence that GRANTEE has obtained all of the permits necessary to fully complete construction of the Cable System within that Construction Segment Area from (1) CITY, (2) other applicable Governmental Authorities and (3) pole owners (as to aerial construction). Upon proof to the reasonable satisfac- tion of CITY that all such authorizations reasonably necessary to the completion of the Cable System within an otherwise approved Construction Segment Area have been issued,CITY shall issue a Notice to Proceed to GRANTEE with respect to that Construc- tion Segment Area. GRANTEE shall not undertake any construction or encroachment within the public right of way prior to receipt of the Notice to Proceed applicable to the area of construction. Nothing contained in this section shall be deemed to prevent GRANTEE commencing construction of its head-end facility on its own property at any time, provided that it is otherwise in compliance with Applicable Law. 18. Completion The Cable System shall be completed within each Construction Segment Area within one hundred twenty (120) calendar days from the issuance of the Notice to Pro- ceed for that Construction Segment Area pursuant to this Agreement. Moreover, in any event, the Cable System shall be completed throughout CITY within eighteen (18) months from the date of issuance of the Notice to Proceed for the first Construction Segment Area. The foregoing completion days may be extended pursuant to the force majeure provisions of this Agreement for delays in obtaining inspection by CITY inspec- tors of more than one (1) business day (provided that the request for such inspection shall have been given by GRANTEE in a commercially reasonable manner within regular business hours of CITY, and provided further that such delays in obtaining such inspec- tions are in the critical path of the completion process for that Construction Segment 807/20/04 Page 20 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Area and/or the Cable System, as applicable, i.e. they are the proximate and unavoid- able cause of the delay in completion). Completion of construction with respect to each Construction Segment Area and with respect to the entire CITY shall be deemed to have occurred upon the issuance of a Notice of Completion by CITY for such Construction Segment Area and shall be defined as the ability to provide up to the aforesaid capacity to all Dwelling Units within the respective Construction Service Area and within the Service Area of CITY (excepting only those within such low-density exception areas as may hereafter be established by GRANTEE pursuant hereto to the satisfaction of CITY) and the complete restoration of the Streets, public and private property. Each failure by GRANTEE to obtain a Notice of Completion with respect to a given Construction Segment Area within the time specified shall be a separate event of default which shall, in addi- tion to all other remedies, be separately subject to the liquidated damages provisions of this Agreement. 19. Undergrounding Requirements a. In those areas of CIT( where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, GRANTEE likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. In those areas of CITY where transmission or distribution facilities of all the public utilities providing telephone and electric power service are aer- ial, except with the prior written consent of CITY, GRANTEE shall likewise construct, oper- ate and maintain its transmission and distribution facilities therein on a aerial basis. b. In those areas of CITY where GRANTEE`s cables are located on the above- ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, GRANTEE shall similarly and simultaneously con- struct, operate and maintain its transmission and distribution facilities underground, at GRANTEE`s cost. C. In those areas of CITY where transmission or distribution facilities of the Cable System are other than aerial (and such facilities are therefore not pole-mounted), all passive electronic facilities, including without limitation all tap pedestals, shall be un- derground, provided that where GRANTEE demonstrates to the reasonable satisfaction of CITY that, by reason of peculiar underground conditions in a given area of CITY, the pas- sive electronic facilities cannot be feasibly maintained in below-ground structures, GRANTEE may then place such passive electronic facilities in above-ground enclosures. However, CITY specifically reserves all of its rights to approve all above-ground and/or underground locations for all such equipment subject to Applicable Law. GRANTEE shall, at installation and throughout the term of the Franchise, install and maintain all mitiga- tion measures required in the Mitigated Negative Declaration related to the Cable Sys- tem adopted by CITY for all such above-ground equipment installations. 807/20/04 page 21 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 20. Construction Codes and Permits a. GRANTEE shall obtain all necessary permits from CITY before commencing any construction, repair, upgrade or extension of the System, including the opening or disturbance of any Street, on private or public property within CITY. GRANTEE shall ad- here to all state and local laws and building and zoning codes currently or hereafter ap- plicable to construction, operation, or maintenance of the System in CITY and give due consideration at all times to the aesthetics of the property. b. CITY shall, at all times, have the right to inspect all construction or installa- tion work performed pursuant to the provisions of the Franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law in such a manner so as to minimize disruption of Service to Subscribers. C. GRANTEE shall comply with all requirements of the California Public Utilities Commission including without limitation General Order 95 and General Order 128. 21. Conditions on Access to Streets. a. Any and all Streets or public property or private property, which are dis- turbed or damaged during the construction, repair, replacement, relocation, operation, or reconstruction of the System shall be promptly and fully restored by GRANTEE, at its expense, to a condition as good as that prevailing prior to GRANTEE's work, including but not limited to structural soundness as approved by CITY in the case of Streets and other public property. In so doing, GRANTEE shall comply with all directions of CITY Engineer, including without limitation direction to utilize directional boring in lieu of trenching. Moreover, GRANTEE shall use its best efforts to reduce, through coordination with CITY Engineer, its trench cuts of CITY streets by coordinating such intrusions with other users, franchisees, licensees and occupants of the Streets so as to minimize the trench cuts and resulting pavement degradations in CITY's streets. Nothing contained in the fore- going shall be construed to require GRANTEE to restore any cut or patch of CITY's streets beyond CITY's standard plans and specifications relating thereto. It is a violation of this Franchise for GRANTEE to leave cable unburied on the ground for more than the short- est, temporary period required to bury it and in any event overnight. If GRANTEE shall fail to promptly perform the restoration required herein after written notice and an opportu- nity to cure, CITY shall have the right to put the Streets, public, or private property back into a condition as good as that prevailing prior to GRANTEE's work, including but not limited to structural soundness,, and CITY shall obtain reimbursement for such restora- tion from GRANTEE. CITY may deduct GRANTEE's payment due from the Security Fund, if it shall remain unpaid fifteen (15) days after presentation for payment. Nothing con- tained in this Agreement shall excuse or relieve GRANTEE from compliance with any street cut ordinance of general application which CITY should hereafter enact. b. Nothing in this Franchise shall be construed to prevent city from con- structing, maintaining, repairing or relocating sanitary sewers and/or storm drains; grading, paving, maintaining, repairing, relocating and/or altering any Street; construct- R07/20104 Page 22 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. ing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. C. All System transmission and distribution structures, lines and equipment erected by GRANTEE within CITY shall be located so as not to unreasonably obstruct or unnecessarily interfere with the usual and customary use of Streets, alleys and other public ways and places, and to cause minimum interference with the rights of property owners who abut any of the said Streets, alleys and other public ways and places, and not to unreasonably interfere with existing public utility installations. GRANTEE shall fur- nish to and file with City Engineer the maps, plats, and permanent records of the loca- tion and character of all facilities constructed, including underground facilities, and GRANTEE shall file with CITY updates of such maps, plats and permanent records annu- ally if changes have been made in the System. d. If at any time during the period of this Franchise CITY shall atter, or change the grade or location of any Street, alley or other public way, GRANTEE shall at its own expense, upon notice by Circ, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the stan- dards and specifications of CITY. e. The GRANTEE shall not place poles, conduits, or other fixtures of System above or below ground where the same will unreasonably interfere with any gas, elec- tric, telephone, water or other utility fixtures. All GRANTEE's poles, conduits, or other fixtures placed in any Street shall be so placed as to comply with all requirements of CITY. f. The GRANTEE shall, on request of any Person holding a moving permit issued by CITY, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and GRANTEE shall be given not less than ten (10) days advance notice to ar- range for such temporary changes. g. GRANTEE shall cooperate with and participate fully in Underground Service Alert (USA) and other reputable underground facility locating services to insure that damage and/or interference with other underground facilities occupants is minimized. h. If (1) GRANTEE should in the course of the construction and/or reconstruc- tion of the System elect to place underground cable plant in the public utility easement on private property where there was, at the time of GRANTEE's election, space available for the installation of such plant within the public roadway, and (2) GRANTEE should fail, neglect or refuse to take pre-construction photography (or videography) of the condition of any private property upon which underground construction is to occur, GRANTEE shall have the burden of proof as to the condition of the private property prior to the initiation of such 'construction in any subsequent complaint resolution, arbitration or judicial pro- cedure between GRANTEE and the private property owner. If GRANTEE enters private property for the purposes of construction where there is no dedicated public easement, GRANTEE shall first secure the private property owner's written consent. 807/20104 Page 23 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC, L Notwithstanding any other term, condition or provision hereof, no trench cut or portion thereof by GRANTEE in any Street shall remain open and unfilled for more than three (3) business days from the date of its initial opening. GRANTEE shall be sub- ject to the imposition of liquidated damages pursuant hereto for each additional day that any such trench or portion thereof shall remain open beyond the aforesaid three (3) business day limit. For purposes of this section, "open" shall mean and include any de- gree of refilling and/or restoration of the trench short of the final restoration of the pave- ment to its original grade. Moreover, GRANTEE shall, at the close of each day, suitably cover, by plate or other means acceptable to CITY, (1) any unfilled trench or portion thereof, and (2) any open trench which traverses a driveway or other means of ingress and egress for any property owner in such a fashion as to allow full use of the driveway or other means of ingress and egress by the property owner during periods of non- construction. Each failure by GRANTEE to cover any such trench shall be a separate event of default which shall be separately subject to the liquidated damages provisions of this Agreement. j. Notwithstanding the approval and/or acceptance by CITY of the construc- tion by GRANTEE in the Streets, including without limitation the repair and/or restoration of trench cuts, as of the completion of GRANTEE's construction or any phase thereof, CITY may re-inspect any such construction by GRANTEE ("Re-inspection") within twenty- four (24) months after the completion of all construction by GRANTEE (as established by the Notice of Completion for the last Construction Segment Area) and GRANTEE shall, as a condition of this Franchise, repair and restore to such standards as CITY may then specify, any deficiencies and/or degradations noted by CITY in the Re-inspection. Any such repairs and/or restorations by GRANTEE pursuant to such a Re-inspection shall be subject to a further Re-inspection within twenty-four (24) months from the completion thereof. k. GRANTEE shall, at installation and throughout the term of the Franchise, install and maintain all mitigation measures required in the Mitigated Negative Declara- tion adopted by CITY pursuant to the California Environmental Quality Act, which are hereby incorporated by reference as fully as if set forth herein. Each failure to install and/or maintain such a mitigation measure specified in the Mitigated Negative Declara- tion shall be a separate event of default which shall, in addition to all other available remedies, be separately subject to the liquidated damages provisions of this Agree- ment. 1. Except in cases of emergency or responses to unplanned system failures where it is impractical to do so, prior to entering onto private property to construct, oper- ate or repair its Cable System (unless the repair or construction can be performed from the Street without disrupting Private property), GRANTEE shall give the Person residing on or wing the property adequate notice, not less than twenty-four (24) hours nor more than seventy-two (72) hours in advance, that it intends to work on the property, a de- scription of the work it intends to perform and a name and telephone number the Person can call to protest or seek modification of the work. Failure of GRANTEE to give the timely and adequate notice as described above shall cause the burden of proof, in any subsequent legal action for damage by GRANTEE to the private property, to shift to GRANTEE as to all matters before the court. Work shall be done in a manner that causes R07/20/04 Page 24 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. the least interference with the rights and reasonable convenience of property owners, residents and users and that complies with Applicable Law. In such case, subject to the exception for timely notice, the notice shall be given to the Person residing or using the property as soon as possible. M. When in the course of aerial construction, it is necessary to replace an existing pole and GRANTEE desires to utilize a temporary second pole without simulta- neously removing the original pole (hereinafter "Temporary Duplicative Pole Method") in order to maintain the pace of construction, GRANTEE shall make application to CITY to use the Temporary Duplicative Pole Method. The Temporary Duplicative Pole Method shall not be utilized without the prior written approval of CITY. In determining whether or not to grant its approval for the use of the Temporary Duplicative Pole Method, CITY may consider, among other things, the degree of delay which will be incurred if the Temporary Duplicative Pole Method is not utilized, GRANTEE's diligence and foresight theretofore in pursuing the processing of make ready work and the timely construction of the 'System, and GRANTEE's timely completion (or lack thereof) of the relocation of facilities on previously approved Temporary Duplicative Pole Method permits. If CITY shall approve the use of the Temporary Duplicative Pole Method in a given instance, GRANTEE shall deposit with CITY one and one-half (11/2) times CITY's estimate of the cost to complete the relocation of facilities to the new pole and remove the old pole and shall agree in writing to complete the relocation of all facilities to the new pole and the re- moval of the old pole within four (4) months from the date of CITY's approval of the Temporary Duplicative Pole Method permit. Each failure to complete the relocation of facilities within the time specified shall be a separate event of default which shall, in ad- dition to all other remedies, be separately subject to the liquidated damages provisions of this Agreement. n. CITY shall have the option to lay its own conduit or place other public im- provements that do not incur significant cost, delay or redesign, including without limita- tion wiring for traffic signals, streetlights, etc. in GRANTEE's open trenches during the initial construction and during any future rebuilds or repairs. 22. Right of Inspection CITY shall have the right to inspect all construction, reconstruction or installation work performed by GRANTEE under the provisions of this Agreement and Applicable Law, to ensure GRANTEE's compliance and to protect the health, safety and welfare of CITY's citizens. All work performed by GRANTEE shall be fully subject to the general or- dinances of CITY and, in case of conflict between such general ordinances and this Agreement, the general ordinances shall prevail. 23. 'Tree Trimming GRANTEE, through the utilization of appropriately licensed personnel or subcon- tractors, shall have the authority to trim tees, in accordance with all applicable utility re- strictions, ordinance and easement restrictions, upon and hanging over Streets and 807/20/04 Page 25 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. public places of CITY so as to prevent the branches of such trees from coming in contact with the wires and cables of GRANTEE. GRANTEE shall give reasonable prior notification to CITY and CiTY representatives shall, have authority to supervise and approve all ac- tivitiesassociated with trimming of trees conducted by GRANTEE, except in cases of emergency where advance notification by GRANTEE is not possible. Each failure of GRANTEE to comply with the provisions of this section shall be deemed a separate event of default which shall be separately subject to the liquidated damages provisions of this Agreement. PEC Access and Facilities 24. PEG Access Capital Payments a. Purpose. CITY intends to develop a state-of-the-art PEG access studio ("PEG Studio"), possibly on a regional basis with other communities within Contra Costa County. However, in view of the immense capital costs of such a PEG Studio, CITY de- sires to limit GRANTEE's contribution and structure it in such a way as to minimize and/or eliminate any possible anti-competitive impact of GRANTEE's contributory share. Ac- cordingly, GRANTEE and CITY have agreed that GRANTEE's PEG access capital pay- ments ("PEG Access Capital Payments") shall be of two components: (1) Periodic PEG Access Capital Payments and (2) in the sole discretion of CITY, either (a) a Lump Sum PEG Access Capital Payment as defined below or (b) a Studio Alternative as defined below. In any event and without regard to selection of CITY as between a Lump Sum PEG Access Capital Payment or the Studio Alternative, GRANTEE shall make the Peri- odic PEG Access Capital Payments as set forth below. All of such PEG Access Capital Payments are conclusively stipulated and agreed by and between the parties hereto to be made by GRANTEE solely for the purpose of capital costs incurred in or associated with the PEG Facilities, including without limitation the I-Net, as distinct from payments for, or in support of the operational use of such Facilities, such as salaries and training. b. Periodic _PEG Access Ca itata I Payments. In addition to and apart from the Franchise Fee paid by GRANTEE for the use and occupancy of the right-of-way and in addition to and apart from the Lump Sum PEG Access Capital Payment as defined be- low to be paid by GRANTEE, GRANTEE shall pay to the CITY a sum equal to a percentage of its Gross Revenues as PEG Access Capital Payments ("Periodic PEG Access Capital Payments") as follows: (a) for the period from the Activation date until twelve (12) months from the Activation Date, none; (b) for the period from twelve (12) months from the Activation Gate until twenty-four ( 4) months from the Activation Date, one (1%) percent of Gross Revenues for that period; (c) for the period from twenty-four (24) months from the Activation Date until thirty-six (36) months from the Activation Date, two percent (2%) of Gross Revenues for that period and (d) from thirty-six (36) months after the Activation gate through the remainder of the Franchise Term, three (3%) per- cent of Gross Revenues. Notwithstanding the foregoing, in the event that the franchise of CiTY's incumbent cable operator shall be renewed to be effective as of a date prior to thirty-six (36) months after the Activation Date hereof ("Incumbent Renewal Date"), the Periodic PEG Access Capital Payments shall be three (3%) percent of Gross Revenues from said Incumbent Renewal Date through the remainder of the Franchise Term. 807/20/04 Page 26 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Moreover, CITY may, at any time during the term of the Franchise and upon ninety (90) days prior notice to GRANTEE, permanently reduce the percentage of Cross Revenues constituting the Periodic PEG Access Capital Payments. The Periodic PEG Access Capital Payments shall be paid quarterly at the same time and pursuant to the same calculations and rules as the calculation and payment of Franchise Fees. The Periodic PEG Access Capital Payments designated hereby shall be under the direction and con- trol of the CITY and the CITY shall exercise its sole discretion as to the allocation of such resources among and within the public, educational and governmental functions, in- cluding without limitation the I-Net. Nothing in the foregoing is intended to imply that CITY has any particular expectation that the incumbent cable operator or any other cable operators that may enter into franchise agreements with CITY will provide or agree to provide any contributions and/or resources for PEG Access Capital Payments. c. Lump Sum PEG Access Capital Payment. In addition to and apart from the Franchise Fee paid by GRANTEE for the use and occupancy of the right-of-way and in addition to and apart from the Periodic PEG Access Capital Payment as defined above to be paid by GRANTEE, GRANTEE shall pay to the CITY ninety (90) days after notice to GRANTEE by CITY, but in no event sooner than twenty-four (24) months after the Effec- tive Date hereof the sum of Two Hundred Fifty thousand ($250,000) ("Lump Sum PEG Access Capital Payment") for the purpose of capital costs incurred in or associated with the PEG Facilities, including without limitation a regional studio, a Concord studio, and/or the I-Net, as distinct from payments for, or in support of the operational use of such Facilities, such as salaries and training. The parties have arrived at the amount of this Lump Sum PEG Access Capital Payment after consideration of a variety of factors, including without limitation, the population of the CITY, the term of this Agreement and a rough approximation of the present value of the Studio Alternative. Nothing in the fore- going is intended to imply that CITY has any particular expectation that the incumbent cable operator or any other cable operators that may enter into franchise agreements with CITY will provide or agree to provide any contributions and/or resources for PEG Access Capital Payments. d. Studio Alternative Defined. As an alternative to the Lump Sum PEG Access Capital Payments and in lieu of the Lump Sum PEG Access Capital Payment specked above, CITY may elect the Studio Alternative, in which event GRANTEE shall, ninety (90) days after notice to GRANTEE by CITY, but in no event sooner than twenty-four (24) months after the Effective Date hereof, give notice to the CITY as to whether or not it wishes to provide the Studio Alternative. If GRANTEE wishes to provide the Studio Alter- native, it shall, within ninety (90) days of the giving of its notice, provide the following studio within four (4) miles of the city limits of CITY (reflecting generally the studio and support described in its application) comprised of the following facilities and support (collectively the "Studio Alternative") for the balance of the term of this Agreement. (1) a studio to be devoted exclusively to PEG purposes for the term of the Agreement of not less than one thousand seven hundred fifty (1750) square feet; (2) not less than two color cameras for multi-camera productions; (3) switching equipment; (4) a video editing machine; (5) a portable video recorder with battery pack for check out to the public for remote productions; and (6) GRANTEE will provide a public access coordinator to aid and assist community volunteers in television production skills and schedule studio and training times to educate the community on all aspects of television studio and portable 807/20/04 Page 27 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. production. In the event that GRANTEE does not wish to provide the Studio Alternative, it shall pay the Lump Sum PEG Access Capital Payment together with the delivery of its notice of declination with respect to the Studio Alternative. In the event that GRANTEE shall make the Lump Sum PEG Access Capital Payment, such payment shall fully dis- charge its obligation for such Lump Sum PEG Access Capital Payment. 25. GRANTEE Capacity for PEG Access GRANTEE shall provide the following capacity for PEG access usage within the Service Area: a. GRANTEE shall provide three percent (3%) of the activated capacity of its Cable System for public, educational and governmental (PEG) access. This capacity shall be allocated by type of capacity upon the System, i.e. three percent (3%) of the activated video programming channels, three percent (3%) of the data transmission bandwidth, etc. By way of example, upon activation of GRANTEE's system, which is de- fined by this Agreement to provide at minimum 860 MHz of capacity at System activa- tion, of which 847 MHz is usable capacity, three (3%) percent of such usable activated capacity would contain 25.41 MHz of usable activated transmission capacity. As such activated capacity of the System increases, the three (3%) percent of activated capacity required by this Section shall increase proportionally. In any instance in which the ca- pacity is denominated in terms of units (such as video programming channels), the per- centage designated as PEG access resources shall be round up to next whole unit. (Thus, for example, three percent of one hundred twenty channels would be 3.6 chan- nels which would be rounded up to four channels.) Notwithstanding the foregoing, the PEG access resources for video programming channels shall in no event be less than four channels and shall include one downstream FM or digital stereo audio channel for PEG access programming (provided that GRANTEE shall have theretofore activated downstream FM or digital audio channels for any Subscriber). The PEC access re- sources designated hereby shall be under the direction and control of the CITY for the purposes indicated and the CITY shall have sole discretion as to the allocation of the resources among the public, educational and governmental functions. PEG access re- sources designated pursuant to this section are subject to being released to GRANTEE for transitory commercial usage pursuant to the PEG Rules adopted hereby and at- tached hereto as Exhibit C. b. Upon completion of the PEG Studio described above, GRANTEE shall in- sure that its Cable System will allow and provide a live programming feed from the PEG Studio to GRANTEE's head-end and thereupon to each of GRANTEE's Subscribers. Moreover, beginning with the activation of GRANTEE's first Subscriber and continuing through the balance of the term hereof, GRANTEE shall insure that its Cable System will allow and provide a live programming feed from the current camera system in the City CouncilChambers within City Nall to GRANTEE's head-end and thereupon to each of GRANTEE's Subscribers. From the activation of GRANTEE's first Subscriber and continu- ing through the completion and activation of the PEG Studio, GRANTEE shall insure that its Cable System will allow and provide all taped PEG programming currently appearing on the PEG channels under CITY's control on the Cable System of CITY's incumbent 807/20/04 Page 28 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. cable operator (as well as those of any other cable operators that are unknown at this time that may enter into a franchise agreement with CITY prior to the completion and activation of the PEG Studio) to GRANTEE's head-end and thereupon to each of GRANTEE's Subscribers. C. Upon the request of the CITY for the benefit of the Concord Public Library, GRANTEE shall provide the Library with fifty (50) Internet access devices (e.g. cable mo- dems or their equivalent), equal in speed and capacity to the fastest and largest capac- ity offered by GRANTEE to any basic residential Subscriber, and Internet connection sub- scriptions, both at no charge to the Library. GRANTEE will also supply necessary interior cabling and equipment to install the cable modems upon computers owned by the Li- brary. GRANTEE will provide the first twenty-five (25) Internet access devices and the Internet access service on or before the latter of (a) March 31, 2000 or (b) the date of completion of the Construction Segment Area in which the Library is located or (c) such later date as is designated by CITY, and the balance of the Internet access devices and relatedservice within six (6) months thereafter. GRANTEE shall be permitted advertise and promote its Cable System, including the distribution of promotional coupons, to the extent that such activities are consistent with the then-applicable rules of the Library relating to such promotional activities by other underwriters of the Library. 26. Location of PEG Access Capacity GRANTEE will provide any PEG channels on the Basic Cable Service tier through- out the life of this Franchise and the balance of any PEG access capacity on the lowest tier or level of such capacity offered to Subscribers. If channels or capacity on the Ca- ble System are displayed through a menu system, PEG access channels or capacity shall be displayed in the same manner as other channels or capacity. 27. Designated PEG Access Providers The CITY may, but need not, designate PEG access providers ("Designated Ac- cess Providers"), including itself for governmental access programming purposes, to control and manage the use of any or all access facilities and/or resources under this Franchise for a period of time or at the pleasure of CITY. To the extent of such designa- tion by CITY, as between the Designated Access Provider and GRANTEE, the Designated Access Provider shall have sole and exclusive responsibility for operating and manag- ing such access facilities and/or resources. GRANTEE shall cooperate with Designated Access 'Providers in the use of the Cable System and access facilities and/or resources for the provision of PEG access. GRANTEE shall enter into such operating agreements with Designated Access Providers as may be necessary to facilitate and coordinate the provision of PEG access, provided that such operating agreements may not be incon- sistent with the designation of CITY and this Franchise. 26. Digital Transition Upon activation of the Cable System, GRANTEE shall activate frequency spectrum on the Cable System for video transmission to Subscribers in both digital and analog 807/20/04 Page 29 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. format. GRANTEE may decommission analog format PEC access channels when all programming (other than PEG access channels), local broadcasters and Basic Cable Service have been converted to digital format transmission and analog format transmis- sion thereof is likewise decommissioned. 29. Compliance with Federal Law GRANTEE and QTY agree that the PEC Access Capital Payments referenced in this Agreement will not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to CiTy by GRANTEE pursuant to this Agreement or (ii) part of the Fran- chise Fees to be paid to CITY by GRANTEE pursuant to this Agreement to the extent re- quired by Applicable Law. 30. Additional Payments, Contributions, Support Not Franchise Fees a. GRANTEE acknowledges and agrees that the payments or contributions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by GRANTEE pursuant to this Agreement, or otherwise in connection with the construction, operation, maintenance or upgrade of the System shall not be franchise fees chargeable against the Franchise Fees payable by GRANTEE to Crry pursuant to this Agreement. b. GRANTEE acknowledges and agrees that each of the payments and contri- butions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by GRANTEE pursuant to this Agreement or the Agreement are within the exclusions from the term "franchise fee" set forth in Section 622 of the Cable Act (47 U.S.C. §542). C. GRANTEE acknowledges and agrees that the Franchise Fees payable by GRANTEE to CITY pursuant to this Agreement shall take precedence over all other pay- ments, contributions, Services, equipment, facilities, support, resources or other activi- ties to be provided or performed by GRANTEE pursuant to this Agreement. d. GRANTEE shall not apply or seek to apply all or any part of the Franchise Fees to be made by GRANTEE to CITY pursuant to this Agreement as a deduction from or credit or offset against any taxes, fees or assessments of general applicability levied or imposed by CITY, County or any other Governmental Authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable op- erators or cable Subscribers). e. GRANTEE shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by CITY, County or any other Governmental Authority (including any such tax, fee or assessment imposed on both 807/20/04 Page 30 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable Subscribers) as a de- duction or other credit from or against any of the Franchise Fees or other payments or contributions to be paid or made pursuant by GRANTEE to CITY to this Agreement, each of which shall be deemed to be separate and distinct obligations of GRANTEE. Services 31. Open Platform for Internet Services GRANTEE agrees to comply with all requirements of Applicable Law with respect to nondiscriminatory access to GRANTEE's cable modem platform for providers of Inter- net service. 32. Customer Service Regulations In the exercise of its constitutional police power, CITY has heretofore adopted customer service standards ("Standards") for the provision of Cable Service within CITY. The current Standards are attached hereto and made a part hereof as Exhibit D. GRANTEE shall comply with these Standards and with any amendments thereto, includ- ing without limitation those relating to the provision of Internet services, which CITY may, in its sole discretion, hereafter adopt, provided that CITY agrees that any such Stan- dards relating to the provision of Internet services shall be reasonable and technologi- cally feasible. Nothing in this provision shall be construed to require GRANTEE's assent to new or amended Standards. Reports required by the Standards, including without limitation GRANTEE's complaint log, shall be sent by GRANTEE to CITY in a timely manner (in accordance with the provisions of the Standards) without request from CITY. 33. 'Programming Decisions of GRANTEE All programming decisions shall be at the sole discretion of GRANTEE; provided, however, that any change in the mix, quality or level of service pursuant to 47 U.S.C. §545(x) shall require the prior written approval of CITY. Such approval by CITY shall be made within one hundred twenty (120) days after receipt of such request and shall not be unreasonably withheld. 34. No Limitation of Streaming Video Unless expressly mandated by Applicable Law, GRANTEE shall place no restric- tion upon the downstream streaming of video programming over its internet access service. 807/20/04 Page 31 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Rates 36. Rate Regulation The C(TY reserves the right to regulate rates for Cable Service offered over the Cable System, to the fullest extent not prohibited by Applicable Law. The GRANTEE shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 C.F.R., Fart 76, Subpart N, as the same may be amended from time to time. The CITY shall follow, at a minimum, the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76, Subpart N, as the same may be amended from time to time. 36. Senior Citizen Discount Throughout the term of this Franchise and any extension or renewal thereof, GRANTEE shall offer to qualified Subscribers a thirty (30%) percent discount ("Senior Rate Discount") on all fees and rates necessary to receive Basic Cable Service. The discount shall be offered to all Subscribers meeting all of the following criteria: (1) sixty- five (65) years of age or older, (2) personally responsible for the payment of the cable charge to the Subscriber's residential living quarters and is directly billed by GRANTEE for Cable Services, and (3) the Subscriber certifies to GRANTEE that the aggregate gross income of all the persons who share the Subscribers residential living quarters on a permanent basis does not exceed an annual sum equal to the then-established "very low income" figures adjusted for household size„ as established by the United States Department of Housing and Urban Development for the Oakland PMSA. The discount shall be prospective from the date of the application of the Subscriber for such discount. GRANTEE shall notify all Subscribers concurrently with an rate promotion or package of the existence and level of the Senior Rate Discount. In no event shall such notification occur less than once every twelve (12) months and the notification of the existence and level of the Senior Rate discount shall be at least as prominent (in terms of font size, placement, etc) as the most prominent advisement by GRANTEE to Subscribers of any other rates or charges (promotional or regular) during the preceding twelve (12) months. No single household shall receive more than one such Senior Rate Discount at any one time. Franchise Fees 37. Franchise Fee a. In consideration of the grant of the Franchise provided for herein and GRANTEE's use and occupation of the public right of way, GRANTEE shall, at all times during the term of this Agreement, pay to CiTy a Franchise Fee of five percent (5%) of GRANTEE's Gross Revenues. The Franchise Fee shall be payable quarterly within thirty (30) days of the expiration of the preceding quarter of GRANTEE's fiscal year. Each pay- ment shall be accompanied by a report in such form as CITY may reasonably request showing the computation of the Franchise Fee for the preceding quarter and such other 807/20/04 page 32 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. relevant facts as may be reasonably required by CITY, including the completion of a Franchise Fee Payment Worksheet in a form specified by CITY. Nothing herein shall be construed to prohibit GRANTEE from itemization of the Franchise Fee on Subscriber bills to the extent required by 47 U.S.C. 542(c) and 47 C.F.R. 78.985. b. The CITY, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an officer of GRANTEE reflecting the total amounts of Gross Revenues and all payments, and computations of the Fran- chise Fee for the previous calendar year. Upon ten (10) days prior written notice, CITY shall have the right to conduct an independent audit of GRANTEE"s records. If such audit indicates a Franchise Fee underpayment of two percent ( %) or more, GRANTEE shall assume all reasonable costs of such an audit and shall remit to CITY all applicable Fran- chise Fees due and payable together with interest thereon at the lesser of the maximum rate permitted by Applicable Law or 18% per annum. C. Except as otherwise provided by law, no acceptance of any payment by CITY shall be construed as a release or as an accord and satisfaction of any claim CITY may have for further or additional sums payable as a Franchise Fee under this Agree- ment or any Franchise Agreement or for the performance of any other obligation of GRANTEE. d. In the event that any Franchise Fee payment or recomputed amount is not made on or before the dates specified in this Agreement, GRANTEE shall pay as addi- tional compensation an interest charge, computed from such due date, at an annual rate equal to the lesser of the maximum rate permitted by Applicable Law or 18% per annum during the period for which payment was due. Privacy 38. 'Rights of Individuals a. GRANTEE shall not deny Cable Service, deny access, or otherwise dis- criminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. GRANTEE shall comply at all times with all other Applicable Law, relating to nondiscrimination. b. GRANTEE shall adhere to the applicable equal employment opportunity requirements of Applicable Law, as now written or as amended from time to time. C. Neither GRANTEE, nor any Person, agency, or entity shall, without the Subscriber's consent, tap or arrange for the tapping of any cable; line, signal input de- vice, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audi- ence viewing surveys to support advertising research regarding viewers where individ- ual viewing behavior cannot be identified. 807/20/04 Page 33 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN IN'N'OVATIONS, INC. d. In the conduct of providing its Cable Services, GRANTEE shall take reason- able steps to prevent the invasion of a Subscriber's or general citizen's right of privacy or other personal rights through the use of the System as such rights are delineated or defined by Applicable Law. GRANTEE shall not, without lawful court order or other appli- cable valid legal authority, utilize the System's interactive two-way equipment or capa- bility for unauthorized personal surveillance of any Subscriber or general citizen. e. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be con- tained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year which its renewal at the op- tion of the Subscriber. No penalty may be invoked for a Subscribers failure to provide or renew the authorization. The authorization is revocable at any time by the Subscriber without penalty of any kind. The permission must be required for each type or classifi- cation or Class IV Channel cable communications activity planned. 1. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal including but not limited to the lists of the names and addresses of the Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any Verson other than to GRANTEE and its employees for internal business use, or to the Sub- scriber who is the subject of that information, unless GRANTEE has received spe- cific written authorization from the Subscriber to make the data available. 2. Written permission from the Subscriber must not be required for the systems conducting system wide or individually addressed electronic sweeps for the purpose of verifying system integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to subparagraph 1. above. f. in the offering of its services, GRANTEE shall not discriminate between offerees, including without limitation in the use of discounts (except as otherwise expressly pro- vided herein) and/or free or promotional packages based upon income levels and/or area of residence within CiTv. g. In the event that GRANTEE shall, during the term of the franchise, bundle or combine Cable Services with non-Cable Services, it shall also offer all such Cable Services separately without the necessity of purchasing non-Cable Services. Transfer and Renewal 39. Ownership of GRANTEE GRANTEE represents to CiTy that the names-of the shareholders, partners, mem- bers or tither equity owners of GRANTEE and of any of the shareholders, partners, mem- R07/20/04 Page 34 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. bers and/or other equity owners of GRANTEE as of the date of this Agreement are as set forth in Exhibit E hereto. 40. Conditional Transfer of Franchise a. GRANTEE shall not voluntarily or involuntarily, by operation of law or other- wise, sell, assign, transfer, or otherwise dispose of, in whole or in part, the Franchise and/or Cable System, including without limitation a Change of Control, without the prior written consent of CITY and then only upon such reasonable terms and conditions as may be allowed under Applicable Law. In the event of any attempt to sell, assign, transfer, lease, sublet or otherwise dispose of all or any part of the Franchise and/or Cable System or GRANTEE's rights therein without the prior written consent of CITY, CITY may, after a hearing upon notice to GRANTEE of not less than thirty (30) days, determine such attempted transfer to be null and void and that the Franchise granted by this Agreement shall be immediately deemed terminated therefor. b. Every Change of Control which occurs without the prior written consent of CITY, shall, after a hearing upon notice to GRANTEE of not less than thirty (30) days, cause the Franchise granted by this Agreement to be immediately deemed terminated. C. In the case of any proposed sale or transfer of ownership of any Franchise and/or Cable System and/or any proposed Change of Control, CITY shall have one hun- dred twenty (120) days to act upon any application for approval of such sale or transfer that contains or is accompanied by such information as is required in this Agreement and Applicable Law and such other information as CITY may require. The foregoing pe- riod shall run from the date of receipt of a completed application and shall be tolled for such period or periods as may occur from the date of CITY's request for additional in- formation pertaining to the proposed transfer and/or Change of Control until the date that the requested information is provided to CITY. In any event, the foregoing period shall expire one hundred (120) days after CITY determines that GRANTEE has provided the requested information. If CITY fails to render a final decision on the application within the foregoing period, such request shall be deemed granted unless the request- ing party and CITY agree to a further extension of time. d. GRANTEE shall immediately notify CITY in writing of any pending foreclo- sure or any other pending judicial sale of all or a substantial part of the property and assets comprising the Cable System of GRANTEE or of the pending termination or expi- ration of any lease or interest covering all or a substantial part of said property and as- sets. Such notification shall be considered by CITY as notice that a Change of Control or ownership of the Franchise is about to take place and the provisions of this Section governing the consent of CITY to such Change of Control or ownership shall apply. e. For the purpose of determining whether it shall consent to such change, transferor acquisition of control, CITY may inquire in the qualifications of the prospective transferee or controlling party, and GRANTEE shall assist CITY in any such inquiry. In seeking'CITY's consent to any change of ownership or control, GRANTEE shall have the responsibility of insuring that the transferee completes an application in form and sub- R07120/04 Page 35 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SERENINNOVATIONS, INC. stance reasonably satisfactory to CITY, which applications shall include the information required under this Agreement and Applicable Law. An application shall be submitted to CITY not less than one hundred twenty (120) days prior to the date of transfer. CITY shall thereupon notify GRANTEE in accordance with Applicable Law (or, in any event, within sixty (60) days of receipt of the application) of any inadequacies in the information provided or any additional information required for consideration, or such information shall be deemed accepted. The transferee shall be required to establish to the satisfac- tion of CITY that it possesses the legal, technical, and financial qualifications to operate and maintain the System and comply with all Franchise requirements for the remainder of the term of the Franchise and such other matters as CITY may require. If, after con- sidering the information submitted, CITY finds that such transfer in acceptable, CITY shall permit such transfer and assignment of the rights and obligations of such Franchise on such terms as may be in the public interest and in accordance with Applicable Law. f. The granting of a security interest or mortgage in all or part of the Fran- chise of Cable System by GRANTEE to a regulated financial institution shall not require the consent of CITY. Any regulated financial institution having a security interest in any and all of the property and assets of GRANTEE as security for any loan made to GRANTEE for the construction and/or operation of the Cable System shall have the right to notify CITY that it (or it's a designee approved by CITY pursuant to this section) shall take con- trol of and operate the Cable Television System, in the event of the default in the pay- ment or performance of the debts, liabilities or obligations of GRANTEE to such financial institution. Further, said financial institution shall also submit a plan for such operation of the System within thirty (30) days of assuming such control that will insure continued service and compliance with all Franchise requirements during the term the financial institution or its designee exercises control over the System. The financial institution (or its approved designee) shall not exercise control over the System for a period exceed- ing one (1) year, unless extended by CITY in its reasonable discretion, and during said period of time it shall have the right to petition CITY to transfer the Franchise to another GRANTEE. 41. CITY's Processing Costs a. To the extent consistent with Applicable Law, during the term of this Agreement, if GRANTEE initiates a request for approval regarding the transfer of this Franchise or a change in control of GRANTEE, GRANTEE shall reimburse CITY for all rea- sonable out-of-pocket costs, including attorneys' and consultants' fees and costs, in- curred by CITY in connection with CITY's review and processing of GRANTEE's request. The CITY may deduct GRANTEE's payment due from the Security Fund, if it shall remain unpaid fifteen (15) days after presentation for payment. Nothing in the foregoing shall entitle GRANTEE to have any role in the selection of CITY's consultants and, in order to protect the attorney--client and work product privileges, CITY may delete from billings for attorneys and consultants retained by attorneys any detailed description of services performed. Payments of such costs and expenses shall not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fee to be paid to CITY by GRANTEE pursuant to this 807/20/04 Page 36 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. Agreement or (ii) part of the Franchise Fees to be paid to CITE' by GRANTEE pursuant to this Agreement to the extent required by Applicable Law. b. As necessary to aid in the analysis of all future matters relative to this Franchise other than those covered by subsection (a) above (relating to transfers and changes of control), CITY shall be entitled to employ the services of technical, financial, or legal consultants. All reasonable fees of such consultants incurred by CITY shall be borne equally by GRANTEE and CITY, regardless of the nature or outcome of any specific dispute or matter under consideration, provided that GRANTEE's share of such costs shall not exceed twenty thousand ($20,000) in any one twelve (12) month period. The CITY may deduct GRANTEE's share from the Security Fund, if it shall remain unpaid fif- teen (15) days after presentation for payment. Nothing in the foregoing shall entitle GRANTEE to have any role in the selection of CITYys consultants and, in order to protect the attorney-client and work product privileges, CITY may delete from billings for attor- neys and consultants retained by attorneys any detailed description of services per- formed. The CITY's payment of its half of such billings shall be prima facie proof of the reasonableness of the charges presented. GRANTEE and CITY agree that the costs of such consultants paid by GRANTEE will not be deemed to be "franchise fees" within the meaning of Section 022 of the Cable Act (47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to CITY by GRANTEE pursuant to this Agreement or (ii) part of the Franchise Fees to be paid to CITY by GRANTEE pursuant to this Agree- ment to the extent required by Applicable Law. 42. Franchise Renewal Franchise renewal, if any there should be, shall be in accordance with Applicable Law. CITY and GRANTEE, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. To the extent consistent with Applicable Law, a reasonable non-refundable renewal application fee in an amount established by CITY may be required to accompany any renewal application to the extent consistent with Applicable Law, provided that (1) the amount of such a fee shall be reasonably related to CITY's cost incurred in handling the renewal request and negotiations and (2) the same fee shall be applicable to all similarly-situated franchises, provided that GRANTEE shall not be required to elect whether or not to renew the Franchise prior to a date which is more than thirty-six (35) months prior to the expiration date of the Franchise granted hereunder. Insurance and Indemnity 43. GRANTEE Indemnification a. GRANTEE shall indemnify, defend and hold CITY, its officers, boards, com- missions, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys' 807120/04 Page 37 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. fees) and costs that any of the Indemnified Parties acting within the performance of the officialduties of the position and not resulting from malfeasance in office, willful neglect of duty or bad faith, may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a Franchise to GRANTEE, the operation of GRANTEE's System and/or the acts and/or omissions of GRANTEE or its agents or em- ployees, whether or not pursuant to the Franchise. This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, antitrust, errors ,and omissions, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent, or any other right of any Person by GRANTEE, but shall exclude any claim or action arising out of the acts or omissions of the Indemnified Par- ties or related to any CITY programming or other access programming for which GRANTEE is not legally responsible. An Indemnified Party shall promptly submit a written request to GRANTEE of any claim or legal proceeding which gives rise to GRANTEE's indemnification obligations un- der this Section. An Indemnified Party shall be offered the opportunity to participate in the defense, compromise, settlement or other resolution or disposition of any claim or proceeding. The Indemnified Party shall fully cooperate with GRANTEE regarding any such matter. b. The indemnification obligations of GRANTEE set forth in this Agreement are not limited in any way by the amount or type of damages or compensation payable by or for GRANTEE under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Agreement or the terms, appli- cability or limitations of any insurance held by GRANTEE. C. CITY does not and shall not, waive any rights against GRANTEE which it may have by reason of the indemnification provided for in this Agreement, because of the acceptance by CITY, or the deposit with CITY by GRANTEE, of any of the insurance policies described in this Agreement. d. The indemnification of CITY by GRANTEE provided for in this Agreement shall apply to all damages and claims for damages of any kind suffered by reason of any of GRANTEE's operations referred to in this Agreement, regardless of whether or not such insurance policies shall have been determined to be applicable to any such dam- ages or claims for damages. e. CITY shall indemnify, defend and hold GRANTEE harmless for any damage resulting solely from the negligence or misconduct of CITY or its officials, boards, com- missions, agents, or employees in utilizing any PEG Access Facilities or use of GRANTEE's equipment or facilities and for any such negligence or misconduct by CITY in connection with work performed by CITY and permitted by this Agreement, on or adja- cent to the Cable System. f. The GRANTEE's and CITY'S indemnification obligations under this Agree- ment shall survive the expiration, cancellation or termination of this Agreement. R07/20/04 Page 38 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 44 Insurance a. Upon the Effective Date, GRANTEE shall, at its sale expense and in addi- tion to all required insurance under this Agreement, take out and maintain during the term of this Agreement commercial general liability insurance with a company author- ized to do business in the State of California with a rating by A.M. Best & Co. of not less than "A" that shall protect GRANTEE, from claims which may arise from operations under this Agreement, whether such operations be by GRANTEE, its officials, officers, directors, employees and agents or any subcontractors of GRANTEE. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and per- sonal injury and damage to property, resulting from GRANTEE'S vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Two Million Dollars ($2,000,000.00). The primary liability policy shall provide coverage for the following: (1) The policy shall provide coverage on an "occurrence" basis. (2) The policy shall cover personal injury as well as bodily injury. (3) The policy shall cover blanket contractual liability subject to the standard universal exclusions of contractual liability included in the carrier's standard en- dorsement as to bodily injuries, personal injuries and property damage (4) Broad form property damage liability shall be afforded. (5) An endorsement stating that the policy shall not be cancelled without thirty (30) days notice of such cancellation given to CiTy. (6) The policy shall name CiTy as an additional insured. b. GRANTEE shall submit to CiTy documentation of the required insurance, including a certificate of insurance signed by the insurance agent and companies named, as well as any properly executed endorsements. C. Any deductible or self-insured retention over $200,000 must be disclosed to and approved by CITY, which consent shall not be unreasonably withheld or delayed. d. If GRANTEE sells or transfers the Cable System, or in the event of expira- tion, termination or revocation of a Franchise, insurance tail coverage shall be pur- chasedand filed with CITY for the then applicable amounts, providing coverage for the time periods according to applicable statutes of limitation, insurance for any issues at- tributable to the period GRANTEE held its Franchise. e. It shall be the obligation of GRANTEE to promptly notify CITY of any pending or threatened litigation that would be likely to adversely affect the Indemnified Parties. R07/20/04 Page 39 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. f. GRANTEE shall obtain and maintain Workers' Compensation Insurance for all of GRANTEE's employees, and in case any work is sublet, GRANTEE shall require any subcontractor similarly to provide Workers' Compensation Insurance for all of their em- ployees, all in compliance with State laws, and to fully indemnify CITY from and against any and all worker's compensation claims arising out of occurrences on the work. GRANTEE hereby indemnifies CITY for any and all costs, expenses (including attorneys" fees and disbursements of counsel), damages and liabilities incurred by CITY as a result of any failure of either GRANTEE or any subcontractor to take out and maintain such in- surance. GRANTEE shall provide CITY with a certificate of insurance indicating Workers' Compensation coverage on the Effective Date. Reporting and review 46. Records Required and CITY's Right to Inspect a. GRANTEE shell at all times maintain and upon request provide to CITY: 1) A full and complete set of plans, records and "as-built" maps showing the location of the Cable Television System installed or in use in CITY, exclusive of Subscriber service drops and equipment provided in Subscribers' homes. To the extent technically feasible, GRANTEE shall also make records and maps available to CITY in electronic format compatible with CITY's computer sys- tem. 2) If requested by CITY, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to CITY within thirty (30) days following its request in a form reasonably acceptable to CITY. b. Upon reasonable notice, and during Normal Business Hours, GRANTEE shall permit examination by any duly authorized representative of CITY, of all Cable System property and facilities, together with any appurtenant property and facilities of GRANTEE situated within or without CITY, and all records relating to the Franchise, pro- vided they are necessary to enable CITY to carry out its regulatory responsibilities under Applicable Law and this Agreement. GRANTEE shall have the right to be present at any such examination. C. The CITY shall also have the right to inspect and copy, upon twenty-four (24) hours written notice, at any time during Normal Business Hours at GRANTEE's of- fice, all books, records, maps, plans, financial statements, service complaint logs, per- formance test results, and records of request for service of GRANTEE. To the extent not inconsistent with Applicable Law, GRANTEE shall have the right to designate confidential, proprietary, trade secret and privileged information and CITY shall thereupon treat such information as privileged from disclosure under the California Public Records Act. CITY shall provide any GRANTEE with reasonable advance notice of any request by a third R07/20/04 Page 40 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. party for disclosure of information designated by that GRANTEE as confidential, proprie- tary, trade secret or privileged. d. Copies of all petitions, applications, communications and reports submit- ted by GRANTEE or on behalf of or relating to GRANTEE to the Federal Communications Commission, Securities and Exchange Commission, or any other Governmental Authority having jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Agreement and any Franchise shall be submitted upon re- quest to CrTY. Copies of responses from the Governmental Authority to GRANTEE shall likewise be furnished upon request to CITY. 46. Annual Reports a. GRANTEE shall within ninety (90) days of each calendar year end, submit a written end of the year report to CITY with respect to the preceding calendar year con- taining the following information: 1. A Summary of the previous year's (or in the case of the initial re- porting year, the initial years) activities in development of the Cable System, in- cluding but not limited to Cable Services commenced or discontinued during the reporting yew, 2. A list of GRANTEE's officers, members of its board of directors, and other principals of GRANTEE; and 3. A list of stockholders or other equity investors holding thirty percent (30%) or more of the voting interest in GRANTEE. b. All reports required under this Agreement, except those required by law to be kept confidential, shall be available for public inspection in GRANTEE's offices during Normal Business Hours. C, All reports and records required under this Agreement shall be furnished at the sole expense of GRANTEE, except as otherwise provided in this Agreement. 47. Periodic Evaluation and Review CITY and GRANTEE acknowledge and agree that the field of cable television is rapidly changing which may see other regulatory, technical, and legal changes during the term of this Agreement. Therefore, in order to provide for the maximum degree of flexibility in this Agreement, and to help achieve a continued, advanced and modem Cable System, the following evaluation provisions will apply: a. The CrTY reserves the right to adopt reasonable rules and regulations controlling the procedures as set forth below and the subjects for evaluation sessions to the extent consistent With Applicable Law. In the absence of any CITY action taken to 807/20/04 Page 41 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD► AND SEREN INNOVATIONS, INC. exercise these rights, GRANTEE shall be subject to the procedures and the subjects de- scribed in this Agreement. b. The CITY may require, in its sole discretion, that GRANTEE participate in evaluation sessions with CITY at any time and from time to time during the term of this Agreement; provided, however, there shall not be more than four (4) evaluation ses- sions, with one (1) each occurring during years 3, 6, g and 12 of the Agreement. C. Topics which may be discussed at any evaluation session include, but are not limited to, rates, channel capacity, the System performance, programming, PEG access, municipal uses of the System, Subscriber complaints, judicial rulings, FCC rul- ings and any other topics CITY or GRANTEE may deem relevant. d. [wring an evaluation session, GRANTEE shall fully cooperate with CITY and shall provide without cost such nonproprietary information and documents as CITY may reasonably request to perform the evaluation. e. If at any time during its evaluation, CITY determines that reasonable evi- dence exists of inadequate System performance, CITY may require GRANTEE to perform tests and analyses directed toward such suspected inadequacies at GRANTEE's ex- pense. GRANTEE shall fully cooperate with CITY in per-forming such testing and any re- port prepared by GRANTEE shall include at least: (1) a description of the alleged problem in the System performance which precipitated the special tests; (2) the System component tested; (3) the equipment used and procedures employed in testing; (4) the method, if any, by which the System performance problem was resolved; and (5) any other information pertinent to said tests and analyses which may be reasonably required by CITY, or determined when the test is performed. f. If after receiving GRANTEE's report, CITY determines that reasonable evi- dence still exists of inadequate System performance, CITY may enlist an independent engineer to perform tests and analyses directed toward such suspected inadequacies. The costs of such engineer shall be chargeable against the Security Fund. g. As a result of an evaluation session, CITY or GRANTEE may determine that an amendment in the terms of this Agreement may be required, that the requirements of the System or this Agreement should be updated, changed or revised, and/or that addi- tional services should be provided by GRANTEE (collectively a "Proposed Modification"). If the Proposed Modification is consistent with the terms of this Agreement, the needs of GRANTEE and CITY and existing state-of-the-art technology, including what is provided by GRANTEE in other Systems owned, operated or managed by it; or its parent company, 807/20104 Page 42 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. GRANTEE and CITY will, in good faith, review the terms of the Proposed Modification and consider amending this Agreement accordingly. Nothing herein shall be construed as requiring either GRANTEE or CITY to agree to any Proposed Modification. Enforcement and Remedies 48. Farce Majeure In the event GRANTEE's performance of any of the terms, conditions or obligations required by this Agreement or a Franchise granted hereunder is prevented by a unfore- seeable cause or event not within GRANTEE's reasonable control, such inability to per- form shall be deemed excused for the period of such inability and no penalties or sanc- tions shall be imposed as a result thereof provided GRANTEE has notified CITY in writing within ten (1 q) days of its discovery of the occurrence of such an event. For the pur- pose of this Section, the following are examples of acts or omissions by GRANTEE or circumstances which shall be deemed not to be beyond the control of GRANTEE and which shall not constitute excuses or justifications for violations: (1) The failure at any time by GRANTEE or its officers, agents or employees to exercise diligence in planning, organizing, arranging for or prosecuting the work of con- struction and installation, or in taking any other action necessary to permit or facilitate the work of construction and installation; (2) Unanticipated cost increases or insufficiency of capital with which to take actionsnecessary to comply or facilitate compliance with any of the terms, provisions and conditions of this Franchise; (3) Considerations relating to economy or cost efficiency, as respects acts or omissions by GRANTEE; (4) Delays occasioned by the failure of GRANTEE to diligently apply for and prosecute any request for a required certificate, approval or consent from the FCC; (5) Delays occasioned by seasonal changes in weather or climatic conditions, such as rain (exclusive of catastrophic conditions in the nature of"Acts of God"). (Rain delay shall not constitute an excuse or justification for violation except with respect to measurable precipitation occurring on more than fifty-nine (59) days during any period commencing July 1 and ending the next following June 30; and only if such is the proximate cause of the violation.); (6) Delays occasioned by the customary and usual time required to obtain approval to attach lines to poles owned by private or public utilities or in the attaching of cable to the poles; provided that if GRANTEE submits all plans and documentation re- quired by private or public utility in connection with the approval to attach lines to poles, any time consumed by such approval process which is longer than ninety (90) calendar days following the submission of all necessary plans and documentation shall be 807/20/04 Page 43 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN IN'NOVATI'ONS, INC. deemed to excuse GRANTEE from any violations which are proximately caused by such delay in excess of ninety (90) calendar days. (7) Delays occasioned by the customary and usual time required to process and secure approvals under zoning ordinances of CITY for the location of components of the Cable System and other installations associated therewith, given the nature of the approval required and magnitude of the project; provided that if GRANTEE submits spe- cific sites and plans for all headends, towers and transmitters to CITY and requests CITY to perform a single environmental analysis upon all such facilities as the lead agency, any time consumed by such environmental analysis which is longer than sixty (64) cal- endar 'days during a period subsequent to the filing of the certificate of acceptance of the Franchise shall be deemed to excuse GRANTEE from any violations which are proxi- mately caused by such delay in excess of sixty (60) calendar days. The GRANTEE shall not be excused from any violation of the terms, provisions and conditions of this Franchise, except for causes which are beyond the control of GRANTEE, and except with respect to violations which have not been contributed to or aggravated by acts or omissions by GRANTEE. Except as otherwise provided above, violations caused exclusively by acts or omissions by CITY or its officers, agents or employees shall constitute an excuse and justification for failure of an GRANTEE to comply with the terms, provisions and condi- tions of this Franchise, precluding a determination that GRANTEE is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse GRANTEE from other unrelated violations, shield GRANTEE from a determination that it is in breach for such other unrelated violations, or bar any relief for damages or otherwise as a result of such other unrelated breach. Examples of circumstances beyond the control of an GRANTEE which will excuse an GRANTEE from violation and being in breach of the terms, provisions and conditions of this Franchise, when such violations are caused thereby, include but are not limited to the following: strikes, acts of public enemies; orders by military authority; insurrec- tions; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil distur- bances'; explosions; partial or entire failure of utilities; delays in obtaining inspection by CITY inspectors of more than one (1) business day (provided that the request for such inspection shall have been given by GRANTEE in a commercially reasonable manner within regular business hours of CITY) and Acts of God, being defined for this purpose as an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled and uninfluenced by the power of man, and without human inter- vention, and is of such a character that it could not have been prevented or escaped by any amount of foresight or prudence, or by any reasonable degree of care or diligence; or by the aid of any appliances which the situation of the party might reasonably require him to use. 807/20/04 Page 44 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INN'OVATION'S, INC. 49. Liquidated Damages At the time of issuance of this Franchise, it is impractical to reasonably ascertain the total extent of damages which may be incurred as a result of the breach by GRANTEE of its obligations under the Franchise. Accordingly, the provisions of this section, shall apply in the event of breach as liquidated damages therefor. Factors relating to the im- practicability of ascertaining damages include, but are not limited to, the following: a. The fact that: (i) the primary damage resulting from breaches by GRANTEE of the schedules for construction and extension of the Cable System and provision of services and of the duties prescribed by the terms, provisions and conditions of this Franchise will be to members of the public who are denied services or denied quality or reliable services; (ii) such breaches cause deprivation of the benefits of the Franchise to individual members of the general public in ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available through the Cable System which are both necessary and available at a substantially lower cost than alternative services, and the monetary loss resulting from denial of services or denial of alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) termination of a franchise for such breaches and other remedies are, at best, a means of future correction, and not remedies which make the public whole for past breaches; b. The fact that the failure of GRANTEE to make timely reports identifying its progress in installing its Cable System will make it difficult in ways which are not meas- urable for CITY to administer the construction schedule, delay initiation of enforcement proceedings, and impede compliance with the period allowed for construction; and C. The fact that the failure of an GRANTEE to file timely annual reports will deny information necessary to enable CiTy to expeditiously, effectively and efficiently, administer the Franchise and exercise its regulatory powers in relation thereto for the promotion and protection of the public convenience, health, safety and welfare. Without the provisions relating to the imposition of liquidated damages below, the actual damages for which GRANTEE would be liable could greatly exceed the specified amount of liquidated damages. Therefore, these provisions, are of benefit to GRANTEE. In its sole discretion, CITY Council may assess GRANTEE and GRANTEE shall be liable for liquidated damages in the amount of up to five hundred dollars ($500) for each calendar day on which GRANTEE is in breach and for each breach of any of the terms, provisions and conditions of this Franchise or such other provisions of any subsequent rule, order, regulation or determination of CITY made pursuant to the Franchise as shall expressly refer to this provision. Said liquidated damage sure shall be separately appli- cable to each calendar day of delay in complying with any of the terms, provisions and conditions of this Franchise. Said liquidated damage amount shall be separately appli- cable to each instance for each calendar day of delay in extending lines to additional Dwelling Units; provided that if more than one Dwelling Unit is subject to a particular extension, the total liquidated damages shall not exceed five hundred dollars ($500) for 807/20/04 Page 45 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. each calendar day of delay. Nothing in the foregoing shall be deemed to preclude CITY from imposing such lesser sum of liquidated damages as in its sole and exclusive dis- cretion it shall deem fair and just. The foregoing liquidated damages shall not be deemed to be the exclusive rem- edy for the types of breaches above. Neither the right to assess liquidated damages nor the assessment of liquidated damages shall be deemed to bar or otherwise limit the right of CITY to obtain judicial enforcement of GRAN EE's obligations by means of spe- cific performance, injunctive relief, mandate or other remedies at law or in equity, other than monetary damages. 50. Enforcement Procedures a. The procedures for enforcing violations or breaches of this Agreement shall be consistent with the procedures set forth in the Agreement. In the event of an alleged violation or breach of this Agreement by GRANTEE, CITY, by action of CITY Coun- cil, shell first give notice to GRANTEE of the violation or breach, and demand that GRANTEE cure the same within a reasonable time, which shall not be less than ten (10) days in the case of the failure of GRANTEE to pay any sum or other amount due CITY under this Agreement or the Agreement, and thirty (30) days in all other cases. If GRANTEE fails to cure the violation or breach to C€TY's reasonable satisfaction within the time prescribed or if GRANTEE fails to commence corrective action within the time pre- scribed and diligently proceed to cure such violation or breach thereafter, GRANTEE shall then be given a written notice of not less than fourteen (14) days of a public hearing to be held before the Council. Any notice under this section shall specify in detail the fac- tual basis and provisions of the Agreement or Agreement for which violations or breach is alleged to have occurred. b. At the public hearing, the Council shall hear and consider all relevant evi- dence, and thereafter render findings and its decision. C. In the event the Council finds that GRANTEE has cured the violation or breach or has diligently commenced_correction of such violation or breach after notice thereof from CITY and is diligently proceeding to fully remedy such violation or breach, or that no material violation or breach has occurred, the Council shall terminate the hearing and no penalty or other sanction shall be imposed against GRANTEE. In deter- mining whether a violation or breach is material, CITY shall take into consideration the reliability of the evidence of the violation or breach, the nature of the violation or breach and the damage, (if any) caused or likely to be cause thereby to CITY, C€TY's residents or Subscribers, whether the violation or breach was chronic, any justifying or mitigating circumstances, whether adequate evidence exists to support a finding of a violation or breach, and such other matters as CITY may deem appropriate, d. In the event the Council finds that a material violation or breach exists and that GRANTEE has not cured the same in a satisfactory manner, has not diligently com- menced' correction of such violation or breach or has not diligently proceeded to fully remedy such violation or breach, the Council may terminate this Agreement or impose 807/20/04 Page 46 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. liquidated damages, assessable from the Security Fund, as provided in Section 52 herein. e. Nothing contained in this Agreement, including without limitation this Sec- tion, shall be deemed to preclude the exercise by CITY Manager of his or her delegated powers pursuant to Section 6717 E. of the Ordinance. f. GRANTEE may appealsuch action of CITY Council to any court and/or regulatory agency of competent jurisdiction and the franchise shall remain in full force and effect during the pendency of any such appeal. 51. Security Fund a. Within sixty (60) days of the Approval Date, GRANTEE shall establish and provide to CiTy a Security Fund, as security for the timely payment and performance by GRANTEE of all of its obligations under this Agreement and the Agreement. The Security Fund shall consist of two (2) parts. The first part shall be in the amount of Seven Hun- dred Thousand Dollars ($700,000) and shall either be in the form of a cash deposit, cer- tificate'of deposit or performance bond, which shall be in a form reasonably acceptable to CiTy"s CiTy Attorney. The second part shall be in the amount of at least Fifty Thou- sand Dollars ($50,000) and shall either be in the form of an irrevocable letter of credit, or a cash deposit established in a local bank in an interest-bearing account payable to the order of CITY as trustee for GRANTEE, with all interest distributed to GRANTEE. b. The first part of the Security Fund shall be maintained at the Seven Hun- dred Thousand Dollar ($700,000) level until the System construction provided for in this Agreement is completed as evidenced by the issuance by CITY of the Notice of Comple- tion for the last of the Construction Segment Areas, at which time that part of the fund shall be released, provided there are then no outstanding material violations or breaches of this Agreement by GRANTEE. The second part of the Security Fund shall be maintained at the Fifty Thousand Dollars ($50,000) level throughout the term of this Agreement. C. The Security Fund may be drawn upon by Crry for any of those purposes specified in this Agreement, provided that GRANTEE has received written notice and ten (10) days after receipt of such notice to cure any material violations or breaches prior to any assessment. As long as CiTy follows the procedures specified herein for utilizing and/or withdrawing funds from said Security Fund, GRANTEE shall not initiate litigation or non-CiTy administrative action to prevent or impair CITY from accessing those funds. Moreover, GRANTEE shall take no action to prevent or discourage the issuer of the letter of credit from paying CiTy's draft thereupon. GRANTEE's recourse, in the event GRANTEE believes that CiTy's actions in taking any Security Funds is improper, shall be through legal action after the security has been drawn upon. if CiTy's action is found to be im- proper by any court or agency of competent jurisdiction, GRANTEE shall only be entitled to a refund of the funds plus interest. 807/20/04 Page 47 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. d. if GRANTEE fails to pay to CITY any compensation within the time fixed herein; or, fails, after ten (10) days' notice to pay to CITY any taxes due and unpaid; or fails to repay CITY within ten (10) days, any damages, costs or expenses which CITY is compelled to pay by reason of any act or default of GRANTEE in connection with this Franchise; or, fails, after thirty (30) days' written notice by CITY to comply with any provi- sion of this Franchise which CITY reasonably determines can be remedied by demand and presentation of the irrevocable letter of credit, CITY may immediately present the irrevocable letter of credit and demand payment of the amount thereof, with interest and any penalties. Upon such presentation and demand for payment, CITY shall notify GRANTEE of the amount and date thereof. e. The rights reserved to CITY with respect to the cash deposit and/or irrevo- cable letter of credit are in addition to all other rights of CITY, whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such cash deposit and/or irrevocable letter of credit shall affect or limit any other right CITY may have. f. The irrevocable letter of credit shall contain the following endorsement: "It is hereby understood and agreed that this letter of credit may not be canceled by the issuer nor the intention not to renew be stated by the is- suer until sixty (60) days after receipt by CITY, by registered mail, of written notice of such intention to cancel or not to renew." g. Nothing herein shall be deemed a waiver of the normal permit and bond- ing requirements made of all contractors working within C€TY's rights-of-way. h. In the event that any letter of credit provided by GRANTEE for this Security Fund shall contain an expiration date occurring before the expiration date of this Agreement, GRANTEE shall provide a replacement letter of credit, an extension of the existing letter of credit or a substitutional cash deposit of equivalent amount not less than thirty (30) prior to such expiration date. If GRANTEE should fail, neglect or refuse to provide such replacement, extension or substitutional deposit at least thirty (30) days prior to said expiration, CITY may draw upon the then-existing letter of credit prior to its expiration in order to convert the Security Fund deposit to cash and GRANTEE shall not initiate 'litigation or non-C€Tt administrative action to prevent or impair CITY from ac- cessing those funds nor take any action to prevent or discourage the issuer of the letter of credit from paying C€TY's draft thereupon. i; Immediately upon the withdrawal by CITY of all or any portion of the Security fund established by this section, GRANTEE shall immediately restore said Security Fund to its full amount (including without limitation during the pendency of any judicial chal- lenge to the withdrawal by CITY). The failure, neglect or refusal of GRANTEE to immedi- ately so restore the Security Fund to its full amount shall be a separate event of default which shall be separately subject to all of the remedies provided by this Agreement, in- cluding without limitation, the imposition of Liquidated Damages. 807/20104 Page 48 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SI=REN INNOVATIONS, INC. 52. Jurisdiction of California Courts and Waiver of Diversity Jurisdiction This Agreement shall be governed by and construed in accordance with the Laws of the State of California without regard to its conflicts of laws rules or principles. In the event that suit is brought by any Party, the Parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Contra Costa, or, in the event of a "federal question" in the United States District Court for the Northern District of California. Moreover, GRANTEE expressly consents to service of process pursuant to California Code of Civil Procedure Section 415.20(a) at any California office of the GRANTEE as to any action arising under or purporting to rise under this Agreement and GRANTEE expressly declares and agrees that, for the purpose of any action arising under this Agreement and for no other purpose, its principal place of business shall be deemed to be within the State of California, and that it shall not assert otherwise in con- nection with any claim of"diversity of citizenship" under 28 U.S.C. Section 144'1(b). Right to Purchase 53.' CITY's Right to Purchase System Except for a sale, transfer, or other conveyance by the GRANTEE to an Affiliate, the CITY shall have a right of first refusal to purchase the Cable System in the event GRANTEE receives a bona fide offer which has been accepted by GRANTEE, subject to CITY's rights under this Agreement and any Franchise Agreement. The price to be paid by CITY shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. CITY shall notify GRANTEE of its decision to pur- chase within the forty-five (45) days of CITY's receipt from GRANTEE of a copy of the written bona fide offer and such other relevant and pertinent information as CITY shall deem reasonably appropriate. CITY's failure to respond within said 45-day period shall be deemed to constitute the CITY's election not to purchase the Cable System. 54. Purchase by CITY Upon Expiration or Revocation Upon the expiration, cancellation, revocation or termination of the Franchise granted by this Agreement for which CITY has lawfully denied renewal under Applicable Law, CITY shall have the right to purchase the entire Cable System, in accordance with Applicable Law, upon the payment to GRANTEE of the then-existing fair market value of the Cable System determined on the basis of generally accepted appraisal principles (exclusive of any value attributable to the Franchise itself). 55. Abandonment or Removal of Equipment a. A GRANTEE shall not abandon any portion of its Cable System without giving at least three (3) months prior written notice to CITY. A GRANTEE shall not aban- 807/20104 Page 49 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. don any portion of the Cable System without compensating CITY for any damages re- sulting to CITY from the abandonment. b. CITY, upon such terms as CITY may reasonably impose, may give GRANTEE permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Agree- ment, 'GRANTEE shall remove all abandoned facilities and equipment upon receipt of written notice from, CITY and shall restore any affected street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, GRANTEE shall refill, at its awn expense, any excavation made by or on behalf of GRANTEE and shall leave all Streets and other public ways and places in structurally as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other util- ity wires, poles or attachments. CITY shall have the right to inspect and approve the structural condition of the Streets, public ways, public places, cables, wires, attach- ments 'and pales prior to and after removal. The liability, indemnity and insurance provi- sions of this Agreement and any Security Fund provided for in this Agreement shall continue in full force and effect during the period of removal and until full compliance by GRANTEE with the terms and conditions of this Section. C. Upon abandonment of any Franchise property in place, GRANTEE, if re- quired by CITY, shall submit to CITY a bill of sale and/or other an instrument, reasonably satisfactory in form and content to CITY, transferring to CITY the ownership of the Cable System property abandoned. d. At the expiration of the term for which the Franchise is granted, or upon its earlier revocation or termination, as provided for in this Agreement in any such case without renewal, extension or transfer, CITY shall have the right to require GRANTEE to remove, at its own expense, all above-ground portions of the Cable Television System from all Streets and public ways within CITY within a reasonable period of time, which shall not be less than one hundred eighty (180) days, except to the extent GRANTEE is authorized or utilizing the System pursuant to other Applicable Law. e. Notwithstanding anything to the contrary set forth in this Agreement, GRANTEE may, with the consent of CITY, abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of--way in which such property is located or with the use thereof by any public util- ity or other cable GRANTEE. 56, Extended Operation and Continuity of Service Upon the expiration, revocation or termination of the Franchise, GRANTEE shall, upon request of CITY, continue to operate the Cable Television System for a period of time not to exceed six (6) months from the date of such expiration, revocation or termi- nation under the terms and conditions of this Agreement and the Franchise and to pro- R07/20/04 Page 50 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. vide the regular Subscriber service and any and all of the services that may be provided at that time. General and Miscellaneous 57. Receivership and Foreclosure a. A Franchise granted hereunder shall at the option of CITY, cease and ter- minate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of GRANTEE, whether in a re- ceivership, reorganization, bankruptcy or other action or proceeding, unless such re- ceivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (420) days, or unless; (1) such receivers or trustees shall have, within: one hundred twenty (420) days after their election or appointment, fully complied with all the terms and provisions of this Agreement and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under the Franchise and/or this Agreement or provided a plan for the remedy of such defaults and violations which is satisfactory to CITY, and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the prem- ises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise and this Agreement. b. In the case of a foreclosure or other judicial sale of the Franchise property or any material part thereof, CITY may give notice of termination of any Franchise granted pursuant to this Agreement upon GRANTEE and the successful bidder at such sale, in which the event the Franchise granted and all rights and privileges of GRANTEE hereunder shall cease and terminate thirty (30) days after such notice has been given, unless (1) CITY shall have approved the transfer of the Franchise in accordance with the provisions of the Franchise and this Agreement; and (2) such successful bidder shall have covenanted and agreed with CITY to assume and be bound by all terms and con- ditions of the Franchise. 58. Rights Reserved to CiTy a. In addition to any rights specifically reserved to CITY by this Agreement, CITY reserves to itself every right and power which is required to be reserved by a provi- sion of any ordinance or under the Franchise. b. The CITY shall have the right to waive any provision of the Franchise, ex- cept those required by Applicable Law, if CITY, in its reasonable opinion, determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on GRANTEE or the Subscribers. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such in- stance nor be deemed a waiver of any other provision of the Franchise unless the statement so recites. 807/20/04 Page 51 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 59. Notices All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered person- ally to the party designated below, or when delivered by the United States mail in a sealed' envelope, with registered or certified mail, postage prepaid thereon, or delivered by express mail or nationally recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows: If to CITY: CITY Manager Concord Civic Center CITY OF CONCORD 1950 Parkside Drive Concord, CA 94519 If to GRANTEE: SEREN INNOVATIONS, INC. Attention: President/CEO 15 South Fifth Street Suite 500 Minneapolis, MN 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. 60. Severability If any provision of this Agreement is held by any governmental Authority of com- petent jurisdiction, to be invalid or unenforceable as conflicting with any Applicable Law now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Law, such pro- vision shall be considered a separate, distinct, and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Law are subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held inva- lid or modified is no longer in conflict with such laws, said provision shall thereupon re- turn to full force and effect and shall thereafter be binding on CITY and GRANTEE, pro- vided that CITY shall give GRANTEE thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be rea- sonably required for GRANTEE to comply with such provision. 61. Reservation of Rights CITY and GRANTEE reserve all rights that they may possess under Applicable Law. R07/20104 Page 52 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 62. Leased Access GRANTEE shall offer leased channel service on reasonable terms and conditions and in accordance with Applicable Law, 63. Federal, State and Local Jurisdiction a. This Agreement shall at all times be construed and enforced in a manner consistent with Applicable Law. b. In the event that the State or Federal government should discontinue pre- emption and/or abandon its statutory occupation in any area of telecommunications over which it currently exercises jurisdiction, CITY reserves all of its rights to adopt rules and regulations in those areas to the fullest extent permitted by Applicable Law. C. The rights of GRANTEE under this Agreement are subject to the police powers of CITY to adopt and enforce ordinances necessary to the health, safety and welfare of the public. Notwithstanding any other term, provision or condition hereof, GRANTEE shall comply with all Applicable Law enacted by CITY pursuant to that power. d. The GRANTEE shall not be relieved of its obligation to comply with any of the previsions of this Agreement by reason of any failure of CITY to enforce prompt compliance. e. This Agreement shall be construed and enforced in accordance with the substantive laws of Ctrs, State of California and applicable federal laws, including the Cable Act. f. This Agreement complies with the California franchise standards con- tained in California Government Code §§ 530166 et seri. To the extent California law imposes requirements not addressed within this Agreement, such requirements shall be considered part of this Agreement as if fully set forth herein. 64. Emergency Use In the case of any emergency or natural disaster as determined by CITY, GRANTEE shall, upon request of CITY or emergency management personnel, make its Cable System and related facilities available to CITY during the period of the emergency or natural disaster, to provide emergency alert services consistent with Applicable Law. To provide an emergency alert capability, GRANTEE shall install and maintain an Emer- gency Alert System which allows CITY to simultaneously override audio and video sig- nals and broadcast emergency messages on all television channels. In case of public emergency, CITY may, as directed by the Administrator of Emergency Services or other authorize official, activate and use such emergency override system for the duration of the emergency. The GRANTEE shall assist and cooperate with CITY in periodic testing of the emergency override system. 807/20/04 Page 53 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. 65. Adequacy and Sufficiency of Consideration The parties hereto expressly declare and agree that adequate and sufficient con- sideration has been provided for each and every promise, covenant, commitment and undertaking contained in this Agreement. 66. Conflict with and Amendment of Ordinance All of the terms, conditions and provisions of the Franchise and contract shall be deemed to be embodied in the Ordinance and this Agreement and, in the event of any conflict, the express terms of the Ordinance shall prevail over conflicting or inconsistent provisions in this Agreement, provided that QTY intends to make immediate modifica- tions ("Immediate Amendments"), as soon as time allows and in any event initiated within ninety (90) days from the Effective Date hereof, to the Ordinance to allow, so far as possible, the provisions of this Agreement to take full effect. None of the Immediate Amendments will have the effect of increasing any burden or cost of GRANTEE beyond the provisions of this Agreement. GRANTEE and C€TY each acknowledge that they have entered into this Agreement in the expectation that each and every term, condition and provision of this Agreement shall take full effect. 67. Possessory Interest Taxation The C€TY hereby declares, pursuant to California revenue & Taxation Code sec- tion 107.6, that as a result of this Agreement, a possessory interest subject to property taxation may be created and any such property interest may be subject to property taxation if it is created. The GRANTEE, as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such an inter- est. 68. Ordinances — Police Powers All zoning and other land use ordinances, building, electrical, plumbing, and me- chanical codes, business license ordinances and all ether ordinances of general appli- cation now in existence or hereafter enacted by C€TY shall be fully applicable to the ex- ercise of any rights hereunder and GRANTEE shall comply fully therewith. Nothing in this Agreement, including without limitation GRANTEE's obligations to pay franchise fees hereunder, shall be deemed to preclude the imposition of additional fees and charges of general'application by C€T`(consistent with Applicable Law. 69. representations and Warranties of GRANTEE's Signatories Each of the Persons executing this Agreement on behalf of GRANTEE do affirma- tively represent and warrant as follows: 107/20/04 Page 64 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. a. That this Agreement and the resulting contract constitute a valid and binding obligation, as to each and every term thereof, enforceable against GRANTEE in accordance with the terms thereof; b. That the execution and delivery of this Agreement has been duly author- ized and approved by the Board of Directors of GRANTEE; C. That the persons who have executed this Agreement on behalf of GRANTEE are duly authorized to do so by all necessary action; and d. That the execution and delivery of this Agreement does not violate any provision of the by-laws and/or Articles of Incorporation of GRANTEE's corporation. SEREN INNOVATIONS, INC, A Minnesota corporation By: Its Attest: Secretary CITY OF CONCORD, A municipal corporation By; Mayor Attest: CITY Clerk APPROVED AS TO FORM City Attorney R07/20/04 Page 55 of 68 _. ... ..................................................... FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. EXHIBITS EXHIBIT A MACS OF SERVICE AREA 807120104 Page 56 of 68 FRANCHISE AGREEMENT BETWEEN CITY 4F CONCORD AND SEREN INNOVATIONS, INC. EXHIBIT B LIST OF POTENTIAL I-NET SITES 1, Any and all K-12 public and private schools and offices located within CITY. 2. Any and all public and private institutions of post K-12 learning located within CITY. 3. Any and all CITY of Concord facilities including: Civic Center- 1950 Parkside Drive; Engineering &Transportation Department - 1957 Parkside Drive; Baldwin Park (Senior Center, 2727 Parkside Circle, and CITY's Print Services Department, 2730A Parkside Circle); Engineering &Transportation — 1455 Gasoline Alley; Maintenance Services Department— 1455 Gasoline Alley; Purchasing Department- 1435 Gasoline Alley; Civic Arts Building — 1425 Gasoline Alley; Leisure Services Department— 1948 Colfax; Centre Concord — 5298 Clayton Road; Golf Course—4050 Pt. Chicago Highway; Concord Pavilion —2000 Kirker Pass Road; Cowell Pool — 3501 Cowell Load; Willow Pass Center—2748 East Olivera Road; CITY Garage -- 2360 Bisso Lane; CITY Pump Station —2050 Waterworld Parkway; Police Department Headquarters — 1350 Galindo Avenue; Northern Police Field Office — 2166 Solano Way; Southern Police Field Office-- 1955 Monument; Malley Police Field Office-- 5400 Ygnacio Valley Road; 2955 Treat Boulevard (Radio installation); 2300 Clayton Road (Radio installation); Concord Casual Labor Office— 1251 Monument Blvd.; and City of Clayton City Offices (Concord/Clayton 911/police dispatch services). 4. Mt. Diablo-John Muir Medical Center, 2540 East Street. 5. Up to ten non-profit agencies designated by CITY. 6. PEG access facility. 7. All fire stations located within CITY. 8. Concord Public Library. 9. Traffic control and/or traffic congestion locations selected by CITY. 807/20104 Page 57 of 68 _._.. _........ ......_.. ...._.... _........ ... .. ... .............. .._...__. ......... ........ ......... ......... .............. ......... _.. ._. .._... _........ ......... ......... ......... . . .................................................................. FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. EXHIBIT C PEG RULES AND PROCEDURES The following rules and procedures shall be known as and may be cited as "PEG Rules and Procedures" (hereinafter "PEG Rules") which are adopted pursuant to Sec- tion 61'1((d) of the Communications Act of 1934 as amended (47 USC 531(d)). 1. Definitions. a. Unused PEG Capacity. "Unused PEG Capacity" as used herein shall mean an available video channel or other available capacity, which is Designated PEG Capacity upon which no public, educational, andfor governmental video programming signal is available to be transmitted. For purposes of this definition, the transmission of alphanumeric video programming shall be considered a video programming signal. b. Designated PEG Cagaac.,ity_ "Designated PEG Capacity„ shall be those specific channels upon GRANTEE's system which are designated by GRANTEE, within fifteen (15) days from the latter of (1) the Effective Date hereof or (2) the activation of the System, and from time to time thereafter, as the channels and/or capacity then comprising the channels and capacity designated for public, educational and govern- mentalaccess pursuant to the Franchise Ordinance and the Franchise Agreement, as applicable, of the Franchise. The failure, neglect or refusal of GRANTEE to designate, within the time period designated, the channels and capacity upon the System com- prising 'the total PEG channels and capacity of the System as specified in the Franchise Ordinance and Franchise Agreement, as applicable, shall be deemed a material breach of the Franchise and be subject to all of the remedies applicable thereto. GRANTEE may re-designate the specific video channels designated for that purpose from time to time without limitation and in its sole discretion, provided that the total number of video chan- nels thus designated may, at no time, be less than four (4). 2. Unused PEG Channels. a. No Unauthorized Utilization. Except as expressly provided in these PEG Rules, GRANTEE shall not utilize any Designated PEG Capacity which has been desig- nated as such in fulfillment of GRANTEE's obligation for such PEG capacity. b. GRANTEE Notification of Desired Use. If GRANTEE desires to use some portion or all of the unused channels and/or capacity on Designated PEG Capacity, GRANTEE shall notify CITY in writing of its intended' use at least sixty (60) days prior to the first such utilization date. The aforesaid notification shall include a description of the pro- gramming which will be distributed or other use to which the capacity shall be put and 807/20/04 Page 58 of 68 _._.._. _ FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. the amount of time and the time periods during which GRANTEE programming will be so distributed and/or other use shall be made. c. CITY Dearing. CITY shall thereupon hold a noticed public hearing and shall hear evidence as to whether GRANTEE's intended use of the unused channel(s) and/or capacity is consistent and compatible with the commitments of GRANTEE under the Franchise. All interested persons, including users and potential users of such Desig- nated PEG Capacity, shall have the right to present evidence at that hearing. d. GRANTEE Determination and Conditions Thereupon. At the conclusion of the hearing, as it may from time to time have been continued, CITY shall determine in its sole discretion whether or not GRANTEE may utilize the unused channel and/or capacity on the Designated PEG Capacity for GRANTEE programming or use. CITY may condition such approval on such terms and conditions as it may, in its sole discretion, determine to be necessary and desirable to serve the public interest, including without limitation establishment of buffer periods between PEG programming and/or use and GRANTEE programming and/or use. The determination of CITY shall be final and binding on all parties including GRANTEE. e. Restoration Determinations. In the event that GRANTEE is authorized by CITY to utilize a portion or all of the unused channel(s) and/or other capacity of the Desig- nated PEG Capacity, any affected PEG user or potential user may from time to time make application to CITY for a public hearing, noticed pursuant to Govt. Code section 6066, to consider restoration of the previously unused channel(s) and/or capacity to PEG Access purposes. CITY shall grant such a hearing if the affected user or potential user demonstrates probable cause to believe that the user or potential user has the present ability to use and/or program the previously unused channels) and/or capacity or any portion of it. Thereafter, CITY shall, upon thirty (30) days notice to GRANTEE, de- termine the prospective use of the previously unused PEG channel(s) and/or capacity in accordance with the provisions of subparts 2(c) and 2(d) above. Upon such determina- tion by CITY, GRANTEE shall cease commercial use of said restored channel within ninety (90) days of notice of determination by CITY. 807/20/04 Page 59 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. EXHIBIT D CUSTOMER SERVICE STANDARDS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CONCORD, CALIFORNIA, ESTABLISHING CABLE TELEVISION CUSTOMER SERVICE STANDARDS Section 1. — Subscriber Service Standards: (a) GRANTEE shall comply with the FCC customer service guidelines contained at Section 76.309 of Title 47 of the Code of Federal Regulations, as modified by this Sec- tion. Pursuant to 47 CFR § 76.309(b), CITY hereby adopts, as modified, the following FCC customer service standards: (1) GRANTEE will maintain a local, toll-free or collect call telephone ac- cess line which will be available to its subscribers 24-hours a day, seven days a week. (2) Knowledgeable, qualified customer service representatives shall be available to respond to customer telephone inquiries a minimum of 49 hours weekly, Monday through Friday (holidays excepted), in- cluding at least four additional hours one evening per week or on Saturdays. (3) After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal hours must be responded by a trained company representative on the next business day. (4) A business and service office shall be open Monday through Fri- day from 8:00 a.m. to 5:00 p.m. (holidays excepted), and ade- quately staffed to accept subscriber payments and respond to service requests and complaints. GRANTEE will staff the business and service office at least four additional hours one evening per week or on Saturdays. Additionally, GRANTEE shall locate and op- erate a pay station within CiTv. This provision shall not effect or modify any provision of GRANTEE's franchise regarding the location of its business office. (5) Telephone answer time by GRANTEE's customer service represen- tatives, including waiting time, shall not exceed thirty (30) seconds when the connection is made. The subscriber will receive a busy signal less than three (3) percent of the time. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of 807/20/04 Page 60 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. the time under normal operating conditions, measured on a quar- terly basis. GRANTEE shall have equipment and perform surveys to measure compliance with these telephone answering standards. The results of the surveys shall be submitted to CITY quarterly. (6) The GRANTEE will maintain an emergency system mainte- nance and repair staff, capable of responding to and repair- ing major system malfunctions on a twenty-four (24) hour basis shall be provided. (7) The GRANTEE shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions insofar as possible, shall be pre- ceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and 6:00 a.m. (8) Under normal operating conditions, GRANTEE shall respond to sub- scriber requests for service within the following time frames no less than ninety-five (95) percent of the time measured on a quarterly basis: (i) System outages: Within four (4) hours, including weekends, of receiving subscriber calls which by number identify a system outage of sound or picture of multiple channels, af- fecting all the subscribers of the system or a majority thereof. (ii) Service interruptions: Within twenty-four (24) hours, ex- cluding Sundays and holidays, after the interruption be- comes known. (iii) Inferior reception quality: Within forty-eight (48) hours, ex- cluding Sundays and holidays, after receiving a request for service identifying a problem concerning picture or sound quality. (9) GRANTEE shall be deemed to have responded to a request for service under the provisions of this Section when a technician ar- rives at the service location, if necessary, or otherwise begins work on the problem. In the case of a subscriber not being home when the technician arrives, response shall be deemed to have taken place if the technician leaves written notification of arrival. (10) GRANTEE shall schedule service and installation appointments within a specified four (4) hour time period in compliance with Cali- fornia Civil Code Section 1772. (11) Not less than ninety percent (90)% of the time measured, on an annual basis, standard installations will be performed within seven 807/20104 Page 61 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. business days after an order has been placed. "Standard" installa- tions are up to 150 feet from the existing distribution system. (12) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including op- tional charges, rebates and credits. The Cin's phone number will be listed on the back of the bill. Section 2. — Notification of Subscribers The GRANTEE shall provide written information on each of the following areas at the time of installation of service, and at least yearly, to all subscribers and at any time upon request: (a) Products and services offered; (b) Prices and options for programming services and conditions of subscrip- tion to programming and other services; (c) Installation and service maintenance policies, including that any wire maintenance insurance is optional; (d) Instructions on haw to use cable service; (e) Channel positions of programming carried on the system; (f) Customer service telephone number and office hours; (g) Billing and complaint procedures, including how the subscriber can re- solve billing disputes, and the refunds available for service interruptions; (h) Credit procedures; (i) Employee identifications; 0) Service call response time scheduling; (k) Time allowed to pay outstanding bills; (I) Grounds for termination of service; (m) Steps GRANTEE must take before disconnecting or terminating service, and the steps necessary to have service reconnected after involuntary termination; 807/20104 Page 62 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. (n) The fact that subscribers shall have the right to speak with a supervisor, and if none is available, supervisor shall return customer call within one working day (o) The appropriate regulatory authority with whom to register a complaint, in- cluding any rate complaint, and how to contact such authority. (p) Instructions on the channel compatibility problems that occur when using a set-top channel converter to view scrambled or encrypted programming, including that subscribers may not be able to use special features and functions of their TV receivers and videocassette recorders. (q) Instructions regarding the availability of remote control equipment from other sources, such as retail outlets, and list of the models of remote con- trol units currently available from retailers that are compatible with GRANTEE's converters. Section 3. --Verification of Subscriber Service Standards: (a) GRANTEE shall demonstrate compliance with all of the standards contained in Section 1 by providing yearly customer service reports to QTY. The reports shall pro- vide the following information: (1) Volume of phone calls received by the customer service depart- ment, and the percentage of calls where the wait time is less than 30 seconds. (2) Average time to complete out-of-service calls, and all other service calls. (3) Average time to complete new installations. (4) detailed customer complaint and outage reports. (b) GRANTEE shall maintain a written log or an equivalent stored in computer memory and capable of access and reproduction, for three (3) years indicating the time and date of all service interruptions, requests for cable service or repairs, and re- sponses to request for cable service or repairs. Section 4. — Subscriber Service Complain#s: (a) GRANTEE shall establish written procedures for receiving, acting upon and re- solving subscriber service complaints without intervention by CITY consistent with the Franchise. GRANTEE's complaint handling procedures shall be designed to accomplish the following: 807/20/04 Page 63 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. (1) Receipt and acknowledgement of any complaint made in person or by telephone within four business hours, regardless of the time the complaint is made. (2) Acknowledgement of any complaint received by mail at GRANTEE's office within five business days of the date such complaint is re- ceived. (3) Provide information to complainant regarding his ability to take his complaint to CiTv's representative if it is not resolved by GRANTEE. (b) In the event of a dispute between the subscriber and GRANTEE regarding the bill, GRANTEE shall promptly investigate the dispute and report the results to the subscriber. In the event the dispute is not resolved to the satisfaction of both parties, GRANTEE shall inform the subscriber of the complaint procedures of GRANTEE. Further, if the subscriber notifies GRANTEE of the disputed bill within five days after the due date, then the subscriber shall not be required to pay the disputed portion of the bill until the earlier of the following: (1) Resolution of the dispute, (2) Expiration of a forty-five day period beginning on the date of issu- ance of the bill. (c) GRANTEE shall respond within two business days to complaints made to or referred by CITY. (d) In the event that cable service to any subscriber is interrupted, without fault of the subscriber, or those within its control, for twenty-four (24) or more consecu- tive hours, GRANTEE shall provide each affected subscriber requesting the same a pro rata rebate of the monthly fees for each 24-hour period of the interruption. In addition, customer service representatives of GRANTEE shall have the discretion to grant refunds of up to one month for service interruptions. (e) The GRANTEE shall designate a "government liaison person" who shall be responsible for working with CITY Manager or his designated representative to resolve customer complaints. Section 5. -- Enforcement Procedure and Penalties: (a) If GRANTEE fails to perform any obligation under this Sections 1 through 4 or fails to do so in a timely manner, CITY Manager, or his designee, may, at his sole option, and at his sole discretion declare a default and seek the following: (1) Notice of Default. Upon GRANTEE's breach of Sections 1 through 4, CITY Manager, or his designee, shall mail to GRANTEE's last known busi- ness address by First Class Mail, postage prepaid, a Notice of Default. Said notice shall describe the nature of GRANTEE's default and specify 807/20/04 Page 64 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. such remedial action as may be necessary for GRANTEE to cure said de- fault. The CITY Manager, or his designee, shall establish a minimum time to cure the breach, which in no event shall be less than thirty (30) days. (2) Response by GRANTEE, Upon receiving CITY Manager, or his des- ignee's notice of the breach, GRANTEE shall investigate the alleged breach, and within the time period established in the notice, notify CITY Manager, or his designee, in writing of the results of the investigation and its pro- posed action or resolution, if any. In the event CITY Manager, or his des- ignee, does not refer the matter to CITY Council within sixty (60) days of the receipt of GRANTEE's response, GRANTEE's proposed action or resolu- tion shall be final. (3) Opportunity to Cure. The GRANTEE shall not be deemed to be in default in the performance of its obligations under this Chapter and no penalty or sanction shall be imposed upon GRANTEE where it has reme- died the breach to the reasonable satisfaction of CITY Manager, or his designee, within the period specified in the notice specifying the breach. (4) CITY Council Hearings. In the event that a Notice of Default is mailed to GRANTEE as set forth in subsection (a)(1) above, CITY Manager, or his designee, may, no earlier than sixty (60) days following its mailing of a Notice of Default, file a written accusation with CITY Council with a copy to GRANTEE, requesting a hearing and setting forth the grounds for such proceedings. The GRANTEE may, within thirty (30) days following CITY Manager, or his designee's mailing of the accusation, file with the Council a written response to said accusation admitting and/or denying the allega- tions therein and setting forth an affirmative defense GRANTEE may have. Not later than sixty (60) days after any such accusation has been received by it, a public hearing shall be held on the accusation by CITY Council. The CITY Council shall, within thirty (30) days following the public hearing, either dismiss the accusation, or assess monetary sanctions, and shall notify GRANTEE in writing of its decision by First Class Mail, postage pre- paid. (5) Judicial Review. The CITY Council decision is subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (b) Monetary Sanctions. Following the conclusion of the hearing provided for at subsection (a) above, CITY Council may assess the following penalties upon GRANTEE for breaches of the Customer Service Standards contained at Sections 1-4: (1) Up to two hundred dollars ($200) for each day of each mate- rial breach, not to exceed six hundred dollars ($600) for each occurrence of material breach; 807/20/04 Page 65 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. (2) For a second material breach of the same nature occurring within 12 months where a fine or penalty was previously as- sessed, up to four hundred dollars ($400) for each day of each material breach, not to exceed twelve hundred dollars ($1,200) for each occurrence of the material breach; (3) For a third or further material breach of the same nature oc- curring within those same 12 months, where a fine or penalty was previously assessed, up to one thousand dollars ($1,000) for each material breach, not to exceed three thou- sand dollars ($3,000) for each occurrence of the material breach. R07/20/04 Page 66 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. EXHIBIT E EQUITY OWNERS OF GRANTEE Northern States Power Company-- 100 % of equity 807/20/04 Page 67 of 68 FRANCHISE AGREEMENT BETWEEN CITY OF CONCORD AND SEREN INNOVATIONS, INC. EXHIBIT F OPERATIONAL EQUIPMENT FOR MANDATORY I-NET SITES The following lists the known hardware necessarye� r site to provide voice and data communications via the Seren Fiber Network (7199); NOTE: This Exhibit may be modified prior to 7/27/99 as a result of discussions between the City and Seren Innovations, Inc. Remote Sites Osiris STD Shelf 1 MCU 1 OC-12 OAU STD-IR, 1310 Optics 1 Power Backup Dual AC/DC 1 AUX-2 Card 1 DS1 Mapper 1 Cisco 4500 Series Router 1 (as needed) CSU/DSU 1 (as needed) NEC Fiber Voice Card 1 (as needed) 100 Base-T X Faster Ethernet Mapper 2 Civic Center•- HUB Catalyst 5000 Router (Civic Center) 1 Osiris STD Expanded Shelf 1 Osiris STD Shelf 1 MCU 1 OC-12 OAU STD-IR, 1310 Optics 1 Power Backup Dual AC/DC 1 AUX-2 Card 1 DS1 Mapper 1 CSU/DSU 1 (as needed) Kodak Video Mux 1 NEC Fiber Voice Card 1 100 Base-T X Faster Ethernet Mapper 2 807/20/04 Page 68 of 68 CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF WALNUT CREEK,CALIFORNIA AND SEREN INNOVATIONS,INC. September 21, 1999 CABLE FRANCHISE AGREEMENT CITY OF WALNUT CREED,CALIFORNIA Pale 1. DEFiNITIONS....................................................................................................................2 (a) Access Channel.......................................................................................................2 (b) Affiliate...................................................................................................................2 (c) Applicable Law.......................................................................................................2 (d) Basic Cable Service ................................................................................................ 2 (e) Cable Act................................................................................................................ 2 (I) Cable Ordinance...................................................................................................... 2 (g) Cable Service.......................................................................................................... 3 (h) Cable System or System.........................................................................................3 (i) Channel................................................................................................................... 3 0) Dwelling Unit..........................................................................................................3 (k) Financial interest..................................................................................................... 3 (1) Franchise.................................................................................................................4 (m) Franchise Agreement or Agreement.......................................................................4 (n) Franchise Area........................................................................................................4 (o) Gross Revenues.......................................................................................................4 (P) Incumbent Operator................................................................................................ 5 (q) Installation...............................................................................................................5 (r) Institutional Network or I-Net................................................................................ 5 (s) Interconnect............................................................................................................. 5 (t) Operator.................................................................................................................. 6 (u) Person...................................................................................................................... 6 (v) Public Facility.........................................................................................................6 (w) Public Rights-of-Way.............................................................................................6 (x) Section..................................................................................................................... 6 (y) Service Interruption................................................................................................6 (z) Service Tier.............................................................................................................6 (aa) State.........................................................................................................................6 (bb) Subscriber............................................................................................................... 6 (cc) System Upgrade......................................................................................................6 (dd) Transfer................................................................................................................... 6 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS........................................ 7 (a) Grant of Authority................................................................................................... 7 (b) Area Served:............................................................................................................7 (c) Tenn........................................................................................................................7 (d) Grant Not Exclusive................................................................................................7 (e) Franchise Agreement Subject to Other Laws ......................................................... 8 (f) Franchise Agreement Subject to Exercise of Police Powers.................................. 8 1 (g) Approval and Effective Date .................................................................................. 8 (h) Effect of Acceptance............................................................................................... 8 (i) No Waiver:............................... .............................................................................. 9 0) Limitation on Liability............................................................................................9 (k) Incorporation by Reference.....................................................................................9 3. TRANSFERS..................................................................................................I.........I.........9 (a) City Council Approval Required.......................................................................... 10 (b) Determination by City........................................................................................... I I (c) Transferee's Agreement........................................................................................ 11 (d) Approval Does Not Constitute Waiver................................................................. 11 (e) City's Processing Costs......................................................................................... 11 4. CONSTRUCTION AND MAINTENANCE.................................................................... 12 (a) Construction Standards:........................................................................................ 12 (b) Undergrounding:................................................................................................... 13 (c) Compliance with Construction Codes and Permitting Requirements................... 14 (d) Conditions on.Use of the Public Rights-of-Way.................................................. 14 (e) System Architectural Design Review Process...................................................... 19 (f) System Physical Design Review Process ..............Error! Bookmark not defined. (g) Review of Pedestal Locations................................Error! Bookmark not defined. (h) Construction Segments..........................................Error! Bookmark not defined. (i) Construction Manual............................................................................................. 19 0) Post-Construction Design Modifications..............................................................20 (k) System Acceptance Schedule ...............................................................................20 (1) Construction Deadlines.........................................................................................20 (m) Periodic Progress Reporting .................................................................................21 (n) System`Pests and Inspections: ..............................................................................21 (o) Publicizing Proposed Construction Work............................................................. 22 (p) Right of Inspection.................................................................................................22 (q) System Maintenance:............................................................................................22 (r) Standard Connections........................................................................................... 23 5. SYSTEM FACILITIES, EQUIPMENT AND SERVICES..............................................23 (a) System Requirements............................................................................................23 (b) System Characteristics.......................................................................................... 24 (c) Mid-term Technical Review: ................................................................................ 25 (d) Equipment Compatibility:.....................................................................................26 (e) Types of Service ...................................................................................................27 (f) Offices................................................................................................................... 27 (g) Leased Access Channels.......................................................................................27 (h) Interconnection: ............................................................................................ .......28 (i) Customer Service Monitoring...............................................................................28 0) Emergency Alert System......................................................................................28 (k) Home Wiring........................................................................................................28 (1) Uses of System:...... .............................................................................................. 28 (m) Periodic Performance Evaluation..........................Error! Bookmark not defined. (n) Parental Control Lock...........................................................................................28 (o) Open Platform for Internet Services.....................................................................29 (p) No Limitation of Streaming Video.......................................................................29 6. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTALUSE—................................................. .......................................29 (a) Access Channels: ... ..............................................................................................29 (b) :Periodic PEG Access Capital.Payments............................................................... 32 (c) Lump Sum PEG Access Capital Payment............................................................ 32 (d) Cable Service to Certain Facilities:................................................. ..................... 33 (e) Institutional Network (I-Net)................................................................................ 34 (f) Compliance with Federal Law.............................................................................. 36 (g) Additional Payments, Contributions, Support Not Franchise Fees ...................... 36 7. FRANCHISE FEE............................................................................................................ 36 (a) Payment to the City............................................................................................... 36 (b) Computation.......................................................................................................... 37 (c) Supporting Information......................................................................................... 37 (d) No Accord or Satisfaction..................................................................................... 37 (e) Interest................................................................................................................... 37 (f) No Limitation on Taxing Authority:............................ .....................................— 37 8. RATE REGULATION..................................................................................................... 38 (a) All Rights Reserved:............................................................................................. 38 (b) Geographic Uniformity......................................................................................... 38 (c) Senior Citizen Discount........................................................................................ 38 9. INSURANCE, SURETY, AND INDEMNIFICATION .................................................. 39 (a) Insurance Required..............................................................................I........I....... 39 (b) Minimum Scope of Insurance............................................................................... 39 (c) Minimum Limits of Insurance..............................................................................39 (d) Deductibles and Self-Insured Retentions..............................................................40 (e) Other Insurance Provisions...................................................................................40 (f) Acceptability of Insurers.......................................................................................41 (g) Verification of Coverage.......................................................................................41 (h) Failure Constitutes Material Violation: .......................................... ..................... 41 (i) Indemnification:.......................................... ......................................................... 41 0) No Limit of Liability:...... ........ .... 10. PERFORMANCE GUARANTEES AND REMEDIES...................................................42 (a) Performance Bond: ............................................................................................... 42 (b) Security Fund:................................................. ............................................. .......43 (c) Rights Cumulative ................................................................................................44 (d) Letter of Credit Procedures...................................................................................44 (e) Failure Constitutes Material Violation..................................................................45 (f) Remedies...............................................................................................................45 (g) Liquidated Damages.............................................................................................45 (h) Shortening, Revocation, or Termination of Franchise:.........................................46 11. REPORTING AND REVIEW.......................................................................................... 48 (a) Records Required and the City's Right to Inspect................................................ 48 (b) Annual Reports .....................................................................................................49 (c) Reports available for inspection............................................................................49 (d) Operator's Expense............................................................................................... 49 12. RIGHT TO PURCHASE..................................................................................................49 (a) The City's Right to Purchase System...................................................................49 (b) Purchase by the City Upon Expiration or Revocation..........................................49 (c) Abandonment or Removal of Equipment............................................................. 49 (d) Extended Operation and Continuity of Service.................................................... 50 13. MISCELLANEOUS PROVISIONS................................................................................. 51 (a) Conflict with and Amendment of Ordinance........................................................ 51 (b) No Discrimination................................................................................................. 51 (c) Unbundling ........................................................................................................... 51 (d) Receivership and Foreclosure............................................................................... 51 (e) Franchise Renewal................................................................................................ 52 (f) Consulting Costs....................................................Error± Bookmark not defined. (g) Severability........................................................................................................... 52 (h) Preemption............................................................................................................ 53 (i) Compliance With Federal and State Laws............................................................ 53 0) Force Majeure....................................................................................................... 53 (k) Notices.................................................................................................................. 53 (1) Time of Essence; Maintenance of Records of Essence ........................................ 54 (m) Captions and References:...................................................................................... 54 (n) Rights Reserved to the City.................................................................................. 54 (o) Operator Bears Its Own Costs............................................................................... 55 (p) City Bears Its Own Costs...................................................................................... 55 (q) Entire Agreement.................................................................................................. 55 (r) Adequacy and Sufficiency of Consideration........................................................ 55 (s) Possessory Interest Taxation................................................................................. 55 (t) Representations and Warranties of the Operator's Signatories ............................ 55 (u) Jurisdiction of California Courts and Waiver of Diversity Jurisdiction............... 56 (v) Rights of Individuals............................................................................................. 56 (w) Ownership of the Operator.................................................................................... 57 IV CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF WALNUT CREED,CALIFORNIA AND SEREN INNOVATIONS,INC. THIS CABLE FRANCHISE AGREEMENT (the "Franchise Agreement") is entered into by and between the City of Walnut Creek, California ("City"), and Seren Innovations, Inc., a Minnesota corporation ("Operator"). WHEREAS, Operator has applied to the City for a nonexclusive franchise to construct, install, maintain and operate a cable communications system in the City; and WHEREAS, the construction, installation, maintenance and operation of such a system involves the occupation of and placement of private commercial facilities in the Public Rights- of-Way within the City; and WHEREAS, the City has considered the financial, technical and legal qualifications of Operator, and has determined whether Operator's plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, the City has relied on Operator's representations regarding its financial, technical and legal qualifications and its plans for constructing, operating, and maintaining its Cable System, and has considered the information that Operator has presented to it; and WHEREAS, based on Operator's representations and information, and in response to its request for a cable television franchise, the City Council has determined that, subject to the provisions of Chapter 7 of Title 6 of the Walnut Creek Municipal Code, as amended, known as the Walnut Creek Cable Television Ordinance (the "Cable Ordinance" or "Ordinance"), and the terms and conditions set forth herein, the grant of a nonexclusive franchise on the terms and conditions herein and subject to applicable law, is consistent with the public interest; and WHEREAS, the City and Operator have reached agreement on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the City's grant of the Operator's franchise; Operator's promise to provide Cable Service to residents of the City pursuant to and consistent with the Cable Ordinance; the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which is hereby acknowledged,the signatories do hereby agree as follows: L DEFINITIONS For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term shall have their meaning as otherwise defined in this Section. The words "shall and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning. A. Access Channel: Any Channel on the Cable System set aside under this Agreement for public, educational or governmental use. B. Affiliate: Any subsidiary of the Operator, any parent of the Operator, any Person in which the Operator has a Financial Interest of thirty percent(30%) or more, and any Person who is directly or indirectly under common control with the Operator, including, but not limited to, any Person which has a Financial Interest of thirty percent (30%) or more in the Operator and any Person in which a Person, also having a Financial Interest of thirty percent (30%) or more in the Operator, has a Financial Interest of thirty percent (30%) or more, provided that the foregoing shall not include any Person who is an electric company and who is not involved in the operation or management of the Cable System other than as a shareholder. C. Applicable Law: Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued,executed, entered or deemed applicable to the City by any Governmental Authority. D. Basic Cable Service: Any Service Tier which includes the retransmission of local television broadcast signals. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. 543(b)(7). B. Cable Act: The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. 521-611(1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub. L No. 104-458 and as the same may, from time to time, be amended. F. Cable Ordinance: The City of Walnut Creek Cable Ordinance, as it may be amended from time to time. 2 G. Cable Service: (1) The one-way transmission to Subscribers of (i) video programming, or (ii) other programming service; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. The parties agree that any internet access or internet service provided over the Cable System ("Internet Services") is, as of the Effective Date, included in this definition. However, if any (i) subsequent enactment of Federal or State statutory law, (ii) final Federal Communications Commission order or regulation which is not in the process of being challenged in court, or (iii) judicial decision of a State or Federal appellate court, which is applicable to the City, determines that such Internet Services are not a Cable Service and is retroactive in application, then such Internet Services shall be excluded from this definition, provided however, if such enactment, order or decision does not state whether it is retroactive, then either party may seek a judicial determination as to the retroactive applicability of the same. H. Cable System or System: The facility proposed to be built by the Operator, which shall consist of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming, and which is provided to multiple subscribers within the City, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves Subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interaction or on-demand services under federal law; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system. I. Channel: A six Megahertz (MHz) frequency band, which is suitable for carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals. J. Dwelling Unit: Residential living units as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and including single family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple family residential units. K. Financial Interest: includes without limitation: 1. Any form of equity ownership interest, which is either (a) direct or (b) indirect through another form of Person; 2. Any form of contingent or optional ownership interest; 3. Any contract in which the Operator or any Affiliate thereof is to receive a percentage of the gross revenues and/or a percentage of the net income of the other party to the transaction by reason of the activities encompassed by said contract; 3 4. Any debt relationship in which the Operator as debtor borrows funds at a rate more advantageous than that generally available to similarly situated entities of similar creditworthiness; 5. Any debt relationship in which the Operator as creditor receives a rate of interest exceeding that which would otherwise be paid by a similarly situated debtor of similar creditworthiness; 6. Any option or warrant to purchase the stock or other equity interest in any Person which is related to a Person which generates revenues arising from or attributable to the operation of the Cable System; and 7. Any debt relationship which has conversion privileges to a form of equity of the nature described in the preceding subsection. L. Francaise: The franchise granted pursuant to this Agreement. M. Franchise Agreement or Agreement: This contract and any amendments, exhibits or appendices hereto. N. Franchise Area: The territorial confines of the City, and any areas annexed thereto during the tern of the Franchise. O. Grass Revenues: All revenue derived directly or indirectly by the Operator, or any Affiliate of the Operator, arising from or attributable to, the operation of the Cable System to provide Cable Service. Gross Revenues shall include, but shall not be limited to. 1. Revenue from (i) payments for service, equipment, late fees, franchise fees and other charges, including without limitation all payments directly or indirectly from Subscribers; (ii) advertising carried on the Cable System or in subscriber bills; and (iii) programmers or others relating to transmissions carried on the Cable System, including but not limited to payments to carry programming and home shopping revenues. 2. All revenue directly or indirectly attributable to the Operator which is received by any Affiliate, whether or not such revenue is actually received by the Operator. 3. Revenue which is not actually received by the Operator or an Affiliate thereof reflecting the value of services bartered or exchanged for non-monetary consideration. 4. Revenues derived from the provision by the Operator or any Affiliate thereof of Internet access, cable modems and/or other Internet-related services, including without limitation bandwidth leased to unaffiliated Internet service providers. Notwithstanding the foregoing, if any(i) subsequent enactment of Federal or State statutory law, (ii) final Federal Communications Commission order or regulation which is not in the process of being challenged in court, or (iii) judicial decision of a State or Federal appellate court, which is applicable to the City, determines either that Internet Services are not a Cable Service or that the revenues specified in this 4 subsection (4) should not be included in the definition of Gross Revenues and is retroactive in application, then such revenues shall be excluded from Gross Revenues, provided however, if such enactment, order or decision does not state whether it is retroactive, then either party may seek a judicial determination as to the retroactive applicability of the same. Further, notwithstanding Applicable Law, the revenues specified in this subsection (4) shall immediately be excluded from Gross Revenues in the event and to the extent that the City permits such revenues to be excluded from the calculation of Gross Revenues for Franchise Fee purposes by any other cable operator which is operating a cable system in the City. 5. Revenue from any activity, product or service which generates revenue of any type whatsoever and which is offered to users by means of the Cable System, to the extent such revenue arises from or is attributable to the operation of the Cable System to provide Cable Service. 6. Revenue from any activity, product or service in the production or provision of which any of the assets of the Cable System, including without limitation cable, computers, servers, production facilities and administrative facilities, are utilized, unless such revenue is expressly excluded from Gross Revenues by Applicable Law. Gross Revenues shall not include (i) the amount of any tax, fee or other assessment imposed by law upon Subscribers or others which the Operator is obligated to collect and pass on in full to the applicable taxing authority nor (ii) the amount of Periodic Access Capital Payments as defined herein. A franchise fee is not such a tax, fee or other assessment. Moreover, revenues of both the Operator and any Affiliate which represent a transfer of funds between them shall be counted only once for purposes of determining Gross Revenues. Refunds of revenues previously received and accounted which are paid to Subscribers shall reduce Gross Revenues by the amount of the refunds received during the reporting period in which such refunds are made. P. Incumbent Operator. Either of UACC Midwest, Inc., or Televents, Inc., or such successors or affiliates thereof that are parties to any renewal of the existing franchises. Q. Installation: The connection of the System from the tap to the point of connectivity to a Subscriber's terminal for the provision of Cable Service. R. Institutional Network or I-Net: A communications system, whether physically integrated with a cable system or not, that is constructed, operated or maintained by the Operator, whose transmissions are principally available to persons other than cable television subscribers (i.e. government agencies and affiliated non-profits, and educational institutions). The Institutional Network includes all equipment required to make the capacity available including but not limited to fiber, coaxial cable, switching, patching, electronic transmitting, receiving, and signal conversion necessary for effective use of the I-Net. S. Interconnect: The provision by the Operator of technical, engineering, physical, financial, and all other necessary components to accomplish, complete, and adequately maintain a physical linking of the Operator's Cable System and Cable Services or any designated Channel 5 or signal pathway thereof, with any other designated cable system or programmer so that Cable Services of technically adequate quality may be sent to and received from such other systems. T. Operator: Seren Innovations, Inc., a Minnesota corporation, and its lawful and permitted successors, assigns, and transferees. U. Person: Any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit. V. Public Facility: A fire station, public educational facility, police station, public library, and City department or agency within the Franchise Area which is listed on Exhibit 1. W. Pudic Rights-of-Way: The surface of and the space above and below and from right- of-way line to right-of-way line in each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: streets, roadways, highways, avenues, paths, lanes, alleys, sidewalks, boulevards, easements, rights-of-way, and similar public property and areas that the City shall permit to be included within the definition of Street from time to time. X. Section: Any Section, subsection or provision of this Agreement. Y. Service Interruption: The loss of picture or sound on one or more Cable Channels for more than sixty(60) seconds. Z. Service Tier: A category of Cable Service or other services provided by the Operator and for which a separate rate is charged by the Operator. AA. State: The State of California. BB. Subscriber: Any Person who or which lawfully elects to become a recipient of Cable Service provided by the Operator by means of or in connection with the Cable System whether or not a fee is paid for such service. CC. Transfer: Any transaction in which (i) an ownership or other interest in the Operator, its Cable System, or any Person that is an operator of the Cable System is transferred from one Person or group of Persons to another Person or group of Persons so that control of the Operator is transferred; or (ii) the Franchise or the rights and obligations held by the Operator under the Franchise are transferred or assigned to another Person or group of Persons. The term "control," as used in this definition, means working control, in whatever manner exercised. By way of illustration, and not limitation,the addition, deletion or other change of any general partner of the Operator, or a cable operator of the Cable System is such a change of control. For purposes of this Section, an initial public offering of the Operator's common stock pursuant to a Registration Statement filed with the United States Securities and Exchange Commission on Form S-1 shall not be deemed a "change of control," provided that this exception shall not apply if any one 6 Person shall directly acquire thirty percent (30%) or more of the outstanding stock of the Operator directly through such an offering. II. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS A. Chant of Authority: Subject to the terms and conditions of this Agreement and the Cable Ordinance, the City hereby grants the Operator the right to own, install, construct, reconstruct, operate, maintain, dismantle, test, upgrade, repair, use and remove a Cable System along, under, over, above, through or across or in any manner connected with the Public Rights- of-Way within the Franchise Area, for the sole purpose of providing Cable Service. This Franchise shall grant no authority for the Operator to use the City's Public Rights-of-Way for any purposes other than the provision of Cable Service, except to the extent other services may be provided pursuant to section VI(E). No reference herein to a Public Right-of-Way shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit the Operator's use for specific purposes, and the Operator shall be deemed to gain only those rights to use that are within the City's power to convey. No privilege or power of eminent domain is bestowed by this grant or by this Agreement. B. Area Served: 1. The Franchise is granted for the Franchise Area defined herein. The Operator shall extend its Cable System to provide service to any residence in the City upon request, in accordance with the terms of the Cable Ordinance and this Agreement. 2. The Operator shall design, construct and maintain the Cable Television System to pass every Dwelling Unit in the Franchise Area, provided that the Operator may apply to the City for a low-density exception for any specific mile of street within the Service Area, which has less than thirty-six (36) Dwelling Units fronting thereupon, measured from the closest point of connectivity to the Operator's System, provided that the Operator's Cable System shall be designed to reach the maximum possible number of Dwelling Units and to minimize the existence of any low-density exception with the City. The Operator shall be responsible for providing sufficient information to the City to establish the existence of the low-density exception and to establish that the System's architecture is such as to minimize the occurrence of such low density exceptions. The Operator shall bear the burden of proof as to both elements. C. Terra. The Franchise and this Franchise Agreement shall extend for a term of fifteen years, commencing on the date accepted below by the Operator, unless the Franchise is earlier revoked or its term shortened as provided herein or in the Cable Ordinance, or unless the Franchise is renewed or extended by mutual agreement. D. Grant Not Exclusive: The Franchise granted under this Agreement shall be nonexclusive. The City specifically reserves the right to grant, at any time, such additional Franchises for a Cable System or any component thereof, as it deems appropriate, subject to Applicable Law. The City also specifically reserves the right to operate a municipal Cable 7 System, or any portion thereof, pursuant to Applicable Law and shall not be required to grant a Franchise to the City for the operation of a municipal Cable System unless specifically required by Applicable Law. E. Franchise Agreement Subject to Other Laws: This Franchise Agreement is subject to and shall be governed by all applicable provisions of federal, state, and local law. F. Franchise Agreement Subject to Exercise of Police Powers: All rights and privileges granted herein are subject to the constitutional police powers of the City and its rights under Applicable Law to exercise its governmental powers to their full extent and to regulate the Operator and the construction, operation and maintenance of the Operator's Cable System, including, but not limited to, the right to adopt and enforce additional ordinances and regulations as the City shall find necessary in the exercise of its police powers, the right to adopt and enforce applicable zoning, building, permitting and safety ordinances and regulations, the right to adopt and enforce ordinances and regulations relating to equal employment opportunities, and the right to adopt and enforce ordinances and regulations containing right-of-way, telecommunications, utility and cable television consumer protection and service standards, and rate regulation provisions. The Operator expressly acknowledges that the City has begun proceedings related to the renewal of the Incumbent Operator's franchise, and that in the course of those proceedings, the City may choose to amend the Cable Ordinance. G. Approval and Effective Date: The grant of the Franchise provided for in this Agreement shall be effective on the date stated on the signature page (the "Effective Date"), provided that, prior to or upon the date of the City's approval of and authorization of execution of this Agreement, the Operator shall theretofore have fully executed this Agreement and submitted to the City all required submissions required hereby, including without limitation, the Security Fund and insurance certificates provided for in this Agreement. R Effect of Acceptance: By accepting the Franchise and executing this Franchise Agreement, the Operator: 1. accepts and agrees to comply with each provision of the Cable Ordinance and this Agreement; 2. acknowledges and accepts the City's legal right to grant the Franchise, to enter this Franchise Agreement, and to enact and enforce ordinances and regulations related to the Franchise; 3. agrees that the Franchise was granted pursuant to processes and procedures consistent with Applicable Law, and that it shall not raise any claim to the contrary, or allege in any claim or proceeding by the Operator against the City that any provision, condition or term of the Cable Ordinance or this Agreement at the time of the acceptance of the Franchise was unreasonable or arbitrary, or that at the time of the acceptance of the Franchise any such provision, condition or term was void or that the City had no power or authority to make or enforce any such provision, condition or term; 8 4. agrees that the City retains the absolute right to terminate this Agreement in accordance with Section X(H) for any material violation by the Operator of any substantive provision of the Cable Ordinance or any term or condition hereof, which violation has not (i) been substantially corrected by Operator within sixty days of receiving written notice from the City of such violation, or (ii) in the case of a violation which reasonably requires more than sixty days to correct, Operator has undertaken substantive corrective action within sixty days of receiving written notice from the City of such violation and subsequently completes any necessary corrective action in a timely manner. 5. agrees that it will not oppose intervention by the City in any proceeding affecting the Operator's Cable System within the Franchise Area; and 6. agrees that, as further provided in Section VI, the costs to the Operator associated with the provision of support for public, educational and governmental access and the Institutional Network as expressly described in this Franchise Agreement do not constitute franchise fee payments within the meaning of 47 U.S.C. § 542, and fall within one or more of the exceptions to 47 U.S.C. § 542.. L No Waiver: 1. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this Franchise Agreement, the Cable Ordinance, or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City, nor to excuse the Operator from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2. Waiver of a breach of this Agreement shall not be a waiver of any other breach, whether similar to or different from that waived. Neither the granting of the Franchise, nor any provision herein, nor any action by the City hereunder shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City, including without limitation of the right of eminent domain. J. Limitation on Liability: In any court proceeding involving any claim against the City or other governmental entity, or any official, member, employee, or agent of the City, arising from the regulation of Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of the Franchise, any relief, to the extent such relief is required by any other provision of federal, state, or local law, shall be limited to injunctive relief and declaratory relief. The Operator shall not apply for any waivers, exceptions, or declaratory rulings from the FCC or any other federal or state regulatory agency affecting the System or the Franchise without written notice to the City K. Incorporation by Reference: Subject to Section XIII(A), the Cable Ordinance shall be incorporated in and made a part of this Agreement as if fully set forth herein. III. TRANSFERS 9 A. City Council Approval Required.- No Transfer shall occur unless prior application is made by the Operator to the City and the City Council's prior written consent is obtained, pursuant to this Agreement and the Cable Ordinance, and only then upon such terms and conditions as the City Council deems necessary and proper. This shall not be deemed to be a waiver of any right of Operator to challenge any such condition imposed by the City. Any such Transfer without the prior written consent of the City Council shall be considered to impair the City's assurance of due performance, and shall be invalid. The granting of approval for a Transfer in one instance shall not render unnecessary approval of any subsequent Transfer. Notwithstanding anything contained in this Agreement, the City acknowledges that, as of the Effective Date, Northern States Power, (NSP), sole shareholder of Operator, is in the process of merging with New Century Energies (NCE). Said merger and any reconfiguration or renaming of NSP or NCE and/or establishment of intermediate entities (between NSP and Operator) resulting therefrom, shall not require the City's approval or consent. 1. Application. (a) The Operator shall promptly notify the City Manager of any proposed Transfer. if any Transfer should take place without prior notice to the City Manager, the Operator shall promptly notify the City that such a Transfer has occurred. At least one hundred- twenty (120) calendar days prior to the contemplated effective date of a Transfer, the Operator shall submit to the City Manager an application for approval of the Transfer. Such an application shall provide complete information on the proposed transaction, including details of the legal, financial, technical, and other qualifications of the new controlling entity or transferee, and on the potential impact of the Transfer on Subscriber rates and service. At a minimum, the fallowing information shall be included in the application, provided that, the Operator is not required to duplicate information that it submits to the City Manager to comply with its obligations under federal or State law: i. all information and forms required under federal law or the equivalent of such forms if no longer required by federal law; ii. all information required by the Ordinance; iii. any contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein; iv, any shareholder reports or filings with the Securities and Exchange Commission that discuss the transaction; V. other information necessary to provide a complete and accurate understanding of the financial position of the Cable System before and after the proposed Transfer; vi. complete information regarding any potential impact of the Transfer on Subscriber rates and service; and 10 vii. a brief summary of the proposed controlling entity's or transferee's plans for at least the next five (5) years regarding line extension, plant and equipment upgrades, channel capacity, expansion or elimination of services, and any other changes affecting or enhancing the performance of the Cable System. The City shall notify Operator of any insufficiency in the information provided within thirty (30) days after receipt thereof. The failure of the City to so notify Operator of such insufficiency shall result in the information being deemed complete and adequate. For the purposes of determining whether it shall consent to a Transfer, the City or its agents may inquire into all qualifications of the prospective controlling entity or transferee and such other matters as the City may deem necessary to determine whether the Transfer is in the public interest and should be approved, denied, or conditioned as provided under the Ordinance. The Operator and any prospective controlling entities or transferees shall assist the City in any such inquiry in any reasonable manner, and if they fail to do so, the request for approval of the Transfer may be denied. B. Determination by City: in making a determination as to whether to grant, deny, or grant subject to conditions, an application for a Transfer, the City may consider, without limitation, the legal, financial, and technical qualifications of the proposed controlling entity or transferee to operate the Cable System; the proposed purchase price and consideration to be paid for the Franchise; any potential effects of the Transfer on Subscriber rates or services; whether the Operator is in compliance with this Agreement and the Ordinance, and, if not, the proposed controlling entity transferee's commitment to cure such noncompliance; whether the proposed controlling entity or transferee owns or controls any other Cable System in the City, and whether operation by such Person may eliminate or reduce competition in the delivery of Cable Service in the City; and whether operation by the proposed controlling entity or transferee or approval of the Transfer would adversely affect Subscribers, the public, or the City's interest under this Agreement, the Ordinance, or other Applicable Law. C. Transferee's Agreement: No application for a Transfer of the Franchise shall be granted unless the proposed controlling entity or transferee agrees in writing that it will abide by and accept all terms of this Agreement and the Cable Ordinance and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Operator under this Agreement and the Ordinance, for all purposes, including renewal. D. Approval Roes Not Constitute Waiver: Approval by the City Council of a Transfer does not constitute a waiver or release of any of the rights of the City under this Agreement or the Cable Ordinance, whether arising before or after the date of the Transfer. E. City's Processing Costs: If the Operator initiates a request for approval regarding a Transfer, the Operator shall reimburse the City for all reasonable out-of-pocket costs, including attorneys' and consultants' fees and costs, incurred by the City in connection with the City's review and processing of the Operator 's request. Nothing in the foregoing shall entitle the Operator to have any role in the selection of the City's consultants and, in order to protect the attorney-client and work product privileges, the City may delete from billings for attorneys and consultants retained by attorneys any detailed description of services performed. Payments of such costs and expenses shall not be deemed to be "franchise fees"within the meaning of Section 1l 622 of the Cable Act (47 U.S.C. §542), and such payments shall not be deemed to be (i) "payments in bind" or any involuntary payments chargeable against the Franchise Fee to be paid to the City by the Operator pursuant to this Agreement or (ii) part of the Franchise Fees to be paid to the City by the Operator pursuant to this Agreement to the extent required by Applicable Law. IV. CONSTRUCTION AND MAINTENANCE A. Construction Standards: 1. The construction, operation, maintenance, and repair of the System shall be in accordance in all material respects with all applicable sections of the Occupational Safety and Health Act of 1970, as amended; the National Electrical Safety Code and National Electric Code; Obstruction Marking and Lighting, AC 70/7460 i.e., Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications Commission Rules Part 17; the Cable Ordinance; Applicant's Construction Procedures Manual; and other applicable federal, state, or local laws and regulations, all as hereafter may be amended or adopted. In the event of a conflict among codes and standards, accepted cable industry practices shall control (except insofar as such practices, if followed, would result in a Cable System that could not meet express requirements of federal, state or local law, or in instances in which such practices are expressly preempted by other standards). Consistent with the foregoing, the City may ensure that work continues to be performed in an orderly and workmanlike manner, reflecting any changes that may occur over the Franchise term. 2. To the extent permitted by Applicable Law, the City reserves the right to adopt and impose such technical and other standards as it may deem necessary or appropriate, after notice to Operator and opportunity for Operator to participate. It is acknowledged, however, that 47 C.F.R. 76.605 currently preempts City authority. 3. All installation of electronic equipment shall be of a permanent nature, using durable components. 4. Without limiting the foregoing, antennae and their supporting structures (towers) shall be designed in accordance with the Uniform Building Code as amended, and shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state or local laws, codes, and regulations, all as hereafter may be amended or adopted. 5. The Operator shall maintain all wires, conduits, cables, and other real and personal property and facilities comprising Operator's Cable System in good condition, order and repair. Consistent with subsection IV(a)(1) above, all safety practices required by law shall be used during construction, maintenance, and repair of Operator's Cable System. The Operator shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents. 12 6. In the event of a failure by the Operator to complete any work required for the protection or restoration of the Public Rights-of-Way, or any other work required by City law or ordinance, within the time specified by and to the reasonable satisfaction of the City, the City, following notice and an opportunity to cure, may cause such work to be done, and the City shall submit an itemized list of such costs to Operator as well as any materials reasonably requested by Operator to verify such costs. Following the Operator's receipt of such itemized list and supporting materials, the Operator shall reimburse the City the costs thereof within thirty days, or the City may recover such costs through the letter of credit provided by Operator. • 7. In the event of an emergency, or where the Operator's Cable System creates or is contributing to an imminent danger to health, safety, or property, or an unauthorized use of property, the Operator shall remove or relocate any or all parts of Operator's Cable System at the request of the City. If the Operator fails to comply with the City's request, the City may remove or relocate any or all parts of the Operator's Cable System upon reasonable notice to Operator. If Operator's compliance with the City's request pursuant to this subsection results in the breach of any of Operator's obligations under this Agreement, and Operator has so notified the City before complying with the City's request, Operator shall not be liable for its failure to satisfy such obligations. • 8. Any and all Public Rights-of--Way, public property, or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or construction of a System shall be repaired, replaced and restored, in a good workmanlike, timely manner, to substantially the same condition as immediately prior to the disturbance (including appropriate landscape restoration). All repairs, replacements and restoration shall be undertaken within no more than thirty (30) days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. The Operator shall guarantee and maintain such repairs, replacements and restoration for at least one year against defective materials or workmanship. • 9. Any contractor or subcontractor used for workk or construction, installation, operation, maintenance, or repair of System equipment must be properly licensed under laws of the State of California and all applicable local ordinances, where applicable, and each contractor or subcontractor shall have the same obligations with respect to its work as the Operator would have if the work were performed by the Operator. The Operator will take reasonable measures to require that contractors, subcontractors and all employees who will perform work for it are trained and experienced. The Operator shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Agreement and Applicable Law, shall be fully responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed. • 10. The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. B. Undergrounding: 13 1. In those areas of the City where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the Operator likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. In those areas of the City where transmission or distribution facilities of all the public utilities providing telephone and electric power service are aerial, the Operator shall likewise construct, operate and maintain its transmission and distribution facilities therein on an aerial basis, unless otherwise agreed to by the City. 2. In those areas of the City where the Operator's cables are located on the above- ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, the Operator shall similarly and simultaneously construct, operate and maintain its transmission and distribution facilities underground, at the Operator's cost. 3. In those areas of the City where transmission or distribution facilities of the Cable System are other than aerial (and therefore not pole-mounted), all passive electronic facilities, including without limitation all tap pedestals, shall be underground, provided that where the Operator demonstrates to the reasonable satisfaction of the City that, by reason of peculiar underground conditions in a given area of the City, the passive electronic facilities cannot be feasibly maintained in below-ground structures, the Operator may then place such passive electronic facilities in above-ground enclosures. However, the City specifically reserves all of its rights to approve, in accordance with this Agreement, all above-ground and/or underground locations for all such equipment subject to Applicable Law. The Operator shall, at installation and throughout the term of the Franchise, install and maintain all mitigation measures required in the Mitigated Negative Declaration dated September 1, 1999 related to the Cable System adopted by the City for all such above-ground equipment installations. C. Compliance with Construction Codes and Permitting Requirements: 1. The Operator shall obtain all necessary permits from the City before commencing any construction, repair, upgrade or extension of the System, including the opening or disturbance of any Public Rights-of-Way, on private or public property within the City. The Operator shall adhere to all state and local laws and building and zoning codes currently or hereafter applicable to constructions operation, or maintenance of the System in the City and give due consideration at all times to the aesthetics of the property. 2. The City shall, at all times, have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise and to make such tests at its own expense as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law in such a manner so as to minimize disruption of service to Subscribers. D. Conditions on Use of the Public Rights-of Tray: 1. Any and all Public Rights-of-Way or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, or 14 reconstruction of the System shall be promptly and fully restored by the Operator, at its expense, to a condition as good as that prevailing prior to the Operators work, in accordance with the City's normal restoration procedures and standards regarding Public Rights-of-Way and other public property In so doing, the Operator shall comply with all directions of the City Engineer, including without limitation direction to utilize directional boring in lieu of trenching. Moreover, the Operator shall use its best efforts to reduce, through coordination with the City Engineer, its trench cuts of the Public Rights-of-Way by coordinating such intrusions with other users, franchisees, licensees and occupants of the Streets so as to minimize the trench cuts and resulting pavement degradations in the Public Rights-of-Way. It is a violation of this Franchise for the Operator to leave cable unburied on the ground for more than the shortest, temporary period required to bury it and, in no event, overnight. If the Operator shall fail to promptly perform the restoration required herein after written notice and an opportunity to cure, the City shall have the right to put the Public Rights-of-Way, public, or private property back into a condition as good as that prevailing prior to the Operator 's work and the City shall obtain reimbursement for such restoration from the Operator. The City may deduct the Operator's payment due from the Security Fund, if it shall remain unpaid fifteen(15) days after presentation for payment. Nothing contained in this Agreement shall excuse or relieve the Operator from compliance with any street cut ordinance of general application which the City should hereafter enact. 2. Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sanitary sewers and/or storm drains, grading, paving, maintaining, repairing, relocating and/or altering any Public Rights-of-Way, constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 3. All System transmission and distribution structures, lines and equipment erected by the Operator within the City shall be located so as not to unreasonably obstruct or unnecessarily interfere with the usual and customary use of the Public Rights-of-Way, and to cause minimum interference with the rights of property owners who abut any of the Public Rights-of-Way, and not to unreasonably interfere with existing public utility installations. The Operator shall furnish to and file with City Engineer the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and the Operator shall file with the City updates of such maps, plats and permanent records annually if changes have been made in the System. 4. If at any time during the period of this Franchise the City shall alter, or change the grade or location of any Public Rights-of-Way, the Operator shall at its own expense, upon notice by the City, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the standards and specifications of the City. 5. The Operator shall not place poles, conduits, or other fixtures of the System above or below ground where the same will unreasonably interfere with any gas, electric, telephone, water or other utility fixtures. All the Operator's poles, conduits, or other fixtures placed in any Public Rights-of-Way shall be so placed as to comply with all requirements of the City. 15 6. The Operator shall, on request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Operator shall be given not less than ten (10) business days advance notice to arrange for such temporary changes. 7. The Operator shall cooperate with and participate fully in Underground Service Alert (USA) and other reputable underground facility locating services to insure that damage and/or interference with other underground facilities occupants is minimized. . If(i) the Operator should in the course of the construction and/or reconstruction of the System elect to place underground cable plant in the public utility easement on private property where there was, at the time of the Operator 's election, space available for the installation of such plant within the public roadway, and (ii) the Operator should fail, neglect or refuse to take pre-construction photography (or videography) of the condition of any private property upon which underground construction is to occur, the Operator shall have the burden of proof as to the condition of the private property prior to the initiation of such construction in any subsequent complaint resolution, arbitration or judicial procedure between the Operator and the private property owner. if the Operator enters private property for the purposes of construction where there is no dedicated public easement, the Operator shall first secure the private property owner's written consent. 9. Notwithstanding any other term, condition or provision hereof, no trench cut or portion thereof by the Operator in any Public Rights-of-Way shall remain open and unfilled for more than three (3) business days from the date of its initial opening. The Operator shall be subject to the imposition of liquidated damages pursuant hereto for each additional day that any such trench or portion thereof shall remain open beyond the aforesaid three (3) business day limit. For purposes of this section, "open" shall mean and include any degree of refilling and/or restoration of the trench short of the final restoration of the pavement to its original grade. Moreover, the Operator shall, at the close of each day, suitably cover, by plate or other means acceptable to the City, (i) any unfilled trench or portion thereof, and (ii) any open trench which traverses a driveway or other means of ingress and egress for any property owner in such a fashion as to allow full use of the driveway or other means of ingress and egress by the property owner during periods of non-construction. Each failure by the Operator to cover any such trench shall be a separate event of default which shall be separately subject to the liquidated damages provisions of this Agreement. 10. Notwithstanding the approval and/or acceptance by the City of the construction by the Operator in the Public Rights-of-Ways, including without limitation the repair and/or restoration of trench cuts, as of the completion of the Operator's construction or any phase thereof, the City may re-inspect any such construction by the Operator ("Re-inspection") within twenty-foie (24) months after the completion of all construction by the Operator (as established by the Notice of Completion for the last Construction Segment Area) and the Operator shall, as a condition of this Franchise, repair and restore to such standards as the City may then specify, any deficiencies and/or degradations noted by the City in the Re-inspection. Any such repairs and/or 16 restorations by the Operator pursuant to such a Re-inspection shall be subject to a further Re- inspection within twenty-four(24) months from the completion thereof. 11. The Operator shall, at installation and throughout the term of the Franchise, install and maintain all mitigation measures required in the Mitigated Legative Declaration adopted by the City pursuant to the California Environmental Quality Act, which are hereby incorporated by reference as fully as if set forth herein. Each failure to install and/or maintain such a mitigation measure specified in the Mitigated Negative Declaration shall be a separate event of default which shall, in addition to all other available remedies, be separately subject to the liquidated damages provisions of this Agreement. 12. Except in cases of emergency or responses to unplanned system failures where it is impractical to do so, prior to entering onto private property to construct, operate or repair its Cable System (unless the repair or construction can be performed from the Public Rights-of-Way without disrupting private property), the Operator shall give the Person residing on or using the property adequate notice, not less than twenty-four (24) hours nor more than seventy-two (72) hours in advance, that it intends to work on the property, a description of the work it intends to perform and a name and telephone number the Person can call to protest or seek modification of the work. Failure of the Operator to give the timely and adequate notice as described above shall cause the burden of proof, in any subsequent legal action for damage by the Operator to the private property, to shift to the Operator as to all matters before the court. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users and that complies with Applicable Law. In such case, subject to the exception for timely notice, the notice shall be given to the Person residing or using the property as soon as possible. 13. When in the course of aerial construction, it is necessary to replace an existing pole and the Operator desires to utilize a temporary second pole without simultaneously removing the original pole (hereinafter "Temporary Duplicative Pole Method") in order to maintain the pace of construction, the Operator shall make application to the City to use the Temporary Duplicative Pole Method. The Temporary Duplicative Pole Method shall not be utilized without the prior written approval of the City. In determining whether or not to grant its approval for the use of the Temporary Duplicative Pole Method, the City may consider, among other things, the degree of delay which will be incurred if the Duplicative Pole Method is not utilized, the Operator's diligence and foresight theretofore in pursuing the processing of make ready work and the timely construction of the System, and the Operator's timely completion (or lack thereof) of the relocation of facilities on previously approved Temporary Duplicative Pole Method permits. If the City shall approve the use of the Temporary Duplicative Pole Method in a given instance, the Operator shall deposit with the City one and one-half(11/2) times the City's estimate of the cost to complete the relocation of facilities to the new pole and remove the old pole and shall agree in writing to complete the relocation of all facilities to the new pole and the removal of the old pole within four (4) months from the date of the City's approval of the Temporary Duplicative Pole Method permit. Each failure to complete the relocation of facilities within the time specified shall be a separate event of default which shall, in addition to all other remedies, be separately subject to the liquidated damages provisions of this Agreement. 17 14. The City shall have the option to lay its own conduit or place other public improvements that do not incur significant cost, delay or redesign by Operator, including without limitation wiring for traffic signals, streetlights, etc. in the Operator's open trenches during the initial construction and during any future rebuilds or repairs. 15. The City shall have the right, at no charge (but at no additional cost to Operator), to install or maintain any wires and fixtures desired by the City upon the poles and within the underground pipes and conduits of the Operator that are located in the same Public Rights-of- Way. ights-ofWay. If the City desires to utilize the Operator's facilities, the City and the Operator shall enter into a mutually acceptable separate agreement for the provision thereof. Any such agreement shall, contain terms and conditions other than rate provisions that are no more favorable nor less burdensome than the terms and conditions made available by the Operator to any other Person. The Operator may deny use of its facilities if the City's proposed installation or maintenance is not technically feasible, exceeds available space, would delay Operator's construction schedule such that liquidated damages would be payable as a result, would cause a violation of this Agreement, or otherwise interferes with the existing or future operations of the Operator. 18 E. System Architectural Design Review Process: Prior to submitting the initial Application for a Notice to Proceed, the Operator shall deliver to the City a System design plan, which shall include the following elements: 1. All hub sites and node map; 2. "Sell sheet"level description of equipment at hubs, and nodes; 3. System level trunking maps to illustrate the architecture of the system. The City's review shall not operate to excuse any non-performance under this Agreement, the Ordinance or other Applicable Law. The City may review the design plan and submit comments to the Operator within thirty (30) days of the date it was submitted by the Operator. The Operator shall take any such comments into account in implementing its construction plan. F. Construction Segments: The Operator shall construct the Cable System in a series of reasonably contiguous areas of the City, to be defined by the Operator in its application for a Notice to Proceed for each such area (such an area hereinafter a "Construction Segment Area" or "CSA"). Subject to such exceptions as may be approved by the City, in its sole discretion, each CSA shall be adjacent to and contiguous with a prior approved CSA. The Operator shall not construct any Cable System facilities within a Construction Segment Area until the Operator has secured a Notice to Proceed for that CSA from the City. The Operator's Application for a Notice to Proceed shall be accompanied by evidence that the Operator has obtained all of the permits and approvals necessary to fully complete construction of the Cable System within that Construction Segment Area from (1)the City, (2) other applicable Governmental Authorities and (3)pole owners (as to aerial construction). The Operator shall obtain approval for the siting of all pedestals and similar structures prior to installation of any such structure or construction of any facilities serving or served by such a structure. Approval for such siting shall be obtained in accordance with the usual procedures governing such structures, and nothing in this Agreement or the Cable Ordinance shall be deemed to waive any such procedures. Upon proof to the reasonable satisfaction of the City that all such authorizations reasonably necessary to the completion of the Cable System within an otherwise approved Construction Segment Area have been issued, including any authorizations related to the siting of pedestals and similar structures, the City shall issue a Notice to Proceed to the Operator with respect to that Construction Segment Area. The Operator shall not undertake any construction or encroachment within the public right of way prier to receipt of the Notice to Proceed applicable to the area of construction. Nothing contained in this section shall be deemed to prevent the Operator commencing construction of its head-end facility on its own property at any time, provided that it is otherwise in compliance with Applicable Law. The parties may agree to a different process for phasing construction. G. Construction Manual: Operator has submitted to City a System construction manual, and plan for notifying area residents of the system construction work process. City shall have a right to review and approve or disapprove the plan and manuals by October 1, 1999. 19 H. Post-Construction Design Modifications: At least ninety (90) days prior to the date of any construction on the System, which construction is initiated after completion of the System and which is intended to implement any modifications to the design of the System, the Operator shall deliver to the City a detailed description of the proposed design modifications. The description shall include any of the information required by subsection 6(e), relevant to an understanding of the proposed modification. The City may review the plan and, within thirty (30) days of the date the plan is made available for City review, submit comments to the Operator. 1. System Operation Test: The Operator shall comply with the following procedures as it completes construction of plant: 1. The City shall be added to the notice list and shall be kept up-to-date regarding progressive activation of the System and testing of the same. 2. Successful completion of the first semi-annual FCC proof-of-performance test for a portion of the System shall constitute the final acceptance test for that portion. The Operator shall notify the City of the date at least ten(10) days in advance, in writing or by e-mail to City's franchise administrator, that it will conduct such a test. City shall have the right to have a designated observer present during each test. The Operator shall send a copy of the written results of each test to City promptly upon completion of each test. If the tested portion of the System passes the performance test, that portion shall be deemed accepted by the City. If the tested portion does not pass, the Operator shall take all steps necessary to meet the applicable standards and the affected portion shall be retested. 3. Final acceptance of the entire System shall take effect when (i) all nodes as set forth in the system architectural design plan approved by the City pursuant to Section V(C) have been constructed, activated, and accepted pursuant to paragraph (1) above; and (ii) at least 80% of the entire System, as measured by the number of nodes, has passed the first semi-annual FCC proof-of-performance test. J. Construction Deadlines: The Operator shall commence construction in the City within six months of the Effective bate, and shall complete construction within the first CSA. within 120 days thereafter. Failure to meet either of these requirements shall be deemed material defaults under this Agreement and shall be grounds for revocation of the Franchise, or the exercise of any other remedy available under this Agreement or the Ordinance. The Cable System shall be completed within each Construction Segment Area within one hundred twenty (120) calendar days from the issuance of the Notice to Proceed for that Construction Segment Area pursuant to this Agreement. Moreover, in any event, the Cable System shall be completed and operational throughout the City within twenty-four (24) months from the Effective Date of this Agreement. 20 K. Periodic Progress Reporting: 1. Following the commencement of construction of the System or any similar major construction, the Operator shall meet with the City at least every three (3) months until the construction is completed, and provide an update on the progress of the construction according to the Operator's general plan, unless the City waives such meeting. Upon request, the Operator shall provide detailed written reports to the City on the Operator's progress in construction, within ten(10)business days of the request. 2. Public Notification. Prior to the beginning of any System construction, and periodically during each phase,the Operator shall inform the public and its Subscribers about the progress of the construction areas where construction crews will be working and any expected temporary interruptions to existing services which may occur. 3. Delays in the System Construction. The Operator shall not be excused from the timely performance of its obligation to begin and complete any system construction within the times specified herein, except for any"Force Majeure" situation, as described herein. 4. Consequences of Delays. Absent a showing of excusable delay pursuant to this Agreement, should the Operator be unable to demonstrate the commencement or timely completion of the System Construction by the times specified herein, or be unable to reasonably justify any delays, then the Operator shall be in violation of a material provision of this Franchise Agreement and the City may, in its sole discretion, either grant the Operator an extension of time to complete such construction or implement any enforcement measures specified in this Agreement or the Ordinance, including but not limited to revocation of the Franchise. In the event of excusable delay pursuant to this Agreement, the time for completion shall be extended by the period of such delay. L. System Tests and Inspections, 1. The Operator shall perform all tests necessary to demonstrate compliance with the requirements of the Franchise and the technical standards of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC's rules, 47 C.F.R. § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. In the event that the FCC's technical performance standards are repealed or are no longer applicable to the Operator's Cable System, such standards shall remain in force and effect until the City and the Operator agree to new standards. 2. The Operator shall conduct tests as follows: a. proof of performance tests on the System at least once every six months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Operator's obligation; and b. special proof of performance tests when Subscriber complaints indicate tests are warranted. 21 3. A written report of test results shall be filed with the City within seven(7) days of the test. In addition, the Operator shall retain written reports of the results of any tests required by the FCC, and such reports shall be submitted to the City within seven (7)days of a request. 4. If any test indicates that any part or component of the System fails to meet applicable requirements, the Operator, without requirement of additional notice or request from City, shall take corrective action, retest the locations and advise the City of the action taken and results achieved. M. Publicizing Proposed Construction Work: The Operator shall notify the general public prior to commencing any proposed construction that will significantly disturb or disrupt public property or Public Rights-of-Way, or have the potential to present a danger or affect the safety of the public generally. Where possible, the Operator shall publicize proposed construction work at least one week prior to commencement of that work by notifying those residents and others in the immediate vicinity of where work is to be done and most likely to be affected by the work in at least,one of the following ways: by telephone, in person, by mail, by distribution of door hangers or flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Notice to affected Persons must include the name and local telephone number of an Operator representative who is qualified to answer questions concerning proposed construction. In addition, before entering onto any Person's property for proposed non-emergency construction work in connection with Operator's Cable System, the Operator shall contact the property owner or (in the case of residential property, the resident) at least two days in advance, when possible. N. Right of Inspection: The City shall have the right to inspect all construction, reconstruction or installation work performed by the Operator under the provisions of this Agreement and Applicable Law, to ensure the Operator's compliance and to protect the health, safety and welfare of the City's citizens. All work performed by the Operator shall be fully subject to the general ordinances of the City and, in case of conflict between such general ordinances and this Agreement,the general ordinances shall prevail. O. System Maintenance: 1. The Operator shall, when practicable, schedule and conduct maintenance on Operator's Cable System so that interruption of service is minimized and occurs during periods of minimum Subscriber use of Operator's Cable System. The Operator shall provide reasonable prior notice to Subscribers and the City before interrupting service for planned maintenance or construction, except where such interruption is expected to be one hour or less in duration. Such notice shall be provided by methods reasonably calculated to give Subscribers actual notice of the planned interruption. 2. Maintenance of the System shall be performed in accordance with the technical performance and operating standards established by FCC rules and regulations. 22 P. Standard Connections: If the aerial or underground connection for service to a Subscriber's location (sometimes known as a"drop") requires no more than a one hundred fifty (150') 'foot extension drop measured from the nearest Street (whether or not the Operator has elected. to place its Cable System in that Street), the Operator shall provide the connection to its service at no charge for the initial one hundred fifty (150') feet other than the Operator's standard installation fee. V. SYSTEM FACILITIES,EQUIPMENT AND SERVICES A. System Requirements. The Operator's Cable System generally shall meet or exceed the following requirements. 1. Compliance With FCC Rules. a. The System shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, including, without limitation, those set forth in 47 C.F.R. § '76.601 and other applicable standards established by the City pursuant to Section 4(a)(2)above. b. The System shall have personnel, facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Operator's Cable System remains in compliance with the standards specified in Section 0. c. The System shall have such facilities and equipment as necessary to maintain, operate, and evaluate Operator's Cable System to comply with FCC technical standards, as such standards may be amended from time to time. 2. Continuous 24-11our Operation. The System shall be designed to be capable of continuous twenty-four-hour daily operation in accordance with FCC standards except as caused by a force ma eure condition. 3. No Interference. The System shall be operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber. 4. No Deterioration to Access Signals, The System shall be so constructed and operated that each PEG Channel shall be delivered over the System with transmission quality the same as or better than the transmission quality of any other Channel on Basic Cable Service. 5. Industry-Accepted Equipment. The System shall use equipment generally used in high-quality, reliable, modem systems of similar design. Facilities and equipment shall be used at the headend to allow the Operator to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration. For example, the System shall include components so that a signal received at the headend in color may be received by a Subscriber in color, a steres,signal in stereo. 23 6. Program Security. The System shall include equipment so that any pay-per-view programming can only be activated by the positive action of a subscriber using, for example, a private identification number or other individual selection procedure. 7. Handicapped Service. The Operator shall comply with all requirements of applicable law, including but not limited to the Americans with Disabilities Act. Operator shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. 8. Safety. The System's facilities and equipment shall be designed, built and operated in such a manner as to protect the safety of Operator's Cable System workers and the public. 9. Sufficient Staff and Equipment. The System shall have sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable the Operator to substantially comply with Applicable Law, including applicable customer service requirements and including requirements for responding to system outages. B. System Characteristics. The Operator shall complete construction of a System in the Franchise Area in accordance with the following minimum standards: 1. The System shall have a minimum activated bandwidth of at least 860 MHz, shall be capable of delivering at least 134 analog Channels, and shall provide the equivalent of at least 87 analog Channels of programming upon activation. The System shall strictly conform, at a minimum, to the system described in Operator's franchise application dated February 10, 1999. 2. The bandwidth specifications in Section V(B)(1) refer to the engineering bandwidth of the system and do not limit what sorts of signals (e.g., analog or digital) the Operator carries on any part of that bandwidth. 3. The System shall utilize a fiber-optic wire trunk and distribution design ("fiber-to- the-neighborhood"). Node size shall not exceed 500 homes per node. The System shall be designed and constructed to enable later segmentation to fewer homes per node as demand warrants. 4. The distribution plant shall have no more than six active components in a cascade. 5. The Operator shall provide standby power generating capacity at the headend and at all hubs. The Operator shall maintain standby power capable of at least 24 hours duration at the headend, at least four(4)hours duration for all system hubs, and at least 2 hours to each node and the distribution plant, with automatic response systems to alert the system headend when conventional power is interrupted. The Operator shall maintain sufficient portable generators to be deployed to a hub site in the event that the power disruption is expected to last more than four hours. 24 6. The Operator shall activate two-way capability throughout the system. The Operator shall activate all electronics for two-way operation, sweep and balance the reverse path of the system, and verify operation of the plant using procedures in NCTA Recommended .Practices for Measurement on Cable Television Systems, as supplemented in October 1997, to the 1993 revised 2d edition. 7. As part of the System, the Operator shall offer every Subscriber, the opportunity to lease equipment that utilizes wireless remote controls, and that allow Subscribers to view a program on one channel while taping a program on another channel. 8. The entire System shall be technically capable of transmitting NTSC analog, compressed digital, and HDTV transmissions. The Operator shall comply with all FCC regulations regarding carriage of HDTV. 9. The Operator shall make Internet access available to all Subscribers at the same time as other services are provided over the Cable System to any Subscriber. Both upstream and downstream Internet access shall be provided over the Cable System (not via telephone lines). 10. The Operator's construction plan shall insure that the System is extended to all parts of the City without regard to income level. C. Periodic Review. CITY and OPERATOR acknowledge and agree that the field of cable television is rapidly changing which may see other regulatory, technical, and legal changes during the term of this Agreement. Therefore, in order to provide for the maximum degree of flexibility in this Agreement, and to help achieve a continued, advanced and modem Cable System,the following evaluation provisions will apply: 1. The CITY reserves the right to adopt reasonable rules and regulations controlling the procedures as set forth below and the subjects for evaluation sessions to the extent consistent with Applicable Law. In the absence of any CITY action taken to exercise these rights, OPERATOR shall be subject to the procedures and the subjects described in this Agreement. 2. The CITY may require, in its sole discretion, that OPERATOR participate in evaluation sessions with CITY at any time and from time to time during the term of this Agreement; provided, however, there shall not be more than four (4) evaluation sessions, with one (1)each occurring during years 3, 6, 9 and 12 of the Agreement. 3. Topics which may be discussed at any evaluation session include, but are not limited to, rates, channel capacity, the System performance, programming, PEG access, municipal uses of the System, Subscriber complaints,judicial rulings, FCC rulings and any other topics CITY or OPERATOR may deem relevant. 4. During an evaluation session, OPERATOR shall fully cooperate with CITY and shall provide without cost such nonproprietary information and documents as CITY may reasonably request to perform the evaluation. 25 5. If at any time during its evaluation, CITY determines that reasonable evidence exists of inadequate System performance, CITY may require OPERATOR to perform tests and analyses directed toward such suspected inadequacies at OPERATOR's expense. OPERATOR shall fully cooperate with CITY in per-forming such testing and any report prepared by OPERAi,OR shall include at least. a. a description of the alleged problem in the System performance which precipitated the special tests; b. the System component tested; c. the equipment used and procedures employed in testing; d. the method, if any, by which the System performance problem was resolved; and e. any other information pertinent to said tests and analyses which may be reasonably required by CITY, or determined when the test is performed. 6. If after receiving OPERATOWs report, CITY determines that reasonable evidence still exists of inadequate System. performance, CITY may enlist an independent engineer to perform tests and analyses directed toward such suspected inadequacies. The costs of such engineer shall be chargeable against the Security Fund. 7. As a result of an evaluation session, CITY or OPERATOR may determine that an amendment in the terms of this Agreement may be required, that the requirements of the System. or this Agreement should be updated, changed or revised, and/or that additional services should be provided by OPERATOR (collectively a "Proposed Modification"). If the Proposed Modification is consistent with the terms of this Agreement, the needs of OPERATOR and CITY and existing state-of-the-art technology, including what is provided by OPERATOR in other Systems owned, operated or managed by it; or its parent company, OPERATOR and CITY will, in good faith, review the terms of the Proposed Modification and consider amending this Agreement accordingly.Nothing herein shall be construed as requiring either OPERATOR or CITY to agree to any Proposed Modification. D. Equipment Compatibility: 1. The Operator shall comply with all FCC regulations regarding scrambling or other encryption of signals, Subscriber premises equipment, equipment compatibility, and facilities and equipment that permit Subscribers to fully utilize the capabilities of consumer electronic equipment while receiving cable service. FCC regulations governing compatibility with consumer electronics equipment, as they may be amended from time to time, including but not limited to 47 C.F.R. §§ 76.629 and 76.630, are incorporated herein by reference. The City shall have authority, consistent with applicable law, to adopt enforcement regulations to ensure that the Operator complies with these FCC regulations. 26 2. upon request by a Subscriber or the City, the Operator will provide accurate information regarding equipment compatibility and the availability of universal remote controls and other compatible equipment(a list of which, specifying brands and models, shall be provided to any Subscriber upon request). 3. As part of normal installations, without additional cost, the Operator will include full connection of all consumer equipment in use at the time of the installation, including connections permitting multiple signal reception (e.g., allowing two different Channels to be received, consistent with FCC regulations, so as to display picture-in-picture or allow a Subscriber to view one Channel while recording another). The Operator shall make such connections after installation upon a subscriber's request, at a price consistent with any Appli- cable Law. E. Types of Service: Should the Operator desire to change the selection of programs or services offered on any of its tiers, it shall maintain the mix, quality and level of services provided over the System. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Agreement and in Applicable Law. The Operator shall provide thirty (30)days' advance written notice to Subscribers and the City of any change in channel assignment or in the video programming service provided over any channel, unless this requirement is waived by the City or by operation of federal or state law, or due to events beyond the reasonable control of the Operator. F. Offices. The Operator shall maintain an office at a convenient location within the City. The office shall be open at least from 9:OOa.m. - 6:00 p.m. five days a week, and from 9:00 a.m. - 5:00 p.m. on Saturdays to allow Subscribers to request service, pay bills, and conduct other business. Notwithstanding the foregoing, no sooner than five (5) years after opening its office within the City, the Operator may request that City approve the relocation of its office to a convenient location outside the City. City shall approve the relocation promptly unless it finds that the relocation would be unreasonably inconvenient to subscribers within the City. G. Leased Access Channels: The Operator shall provide leased access channels as required by federal law. 27 11. Interconnection: 1. Operator shall design its System so that it may be two-way interconnected with any or all other cable television systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods. 2. Operator may interconnect its system with other Cable Systems upon its own initiative, or upon request of the City Council to interconnect. If so ordered, Operator shall begin good faith negotiations concerning interconnection with the other affected system or systems. If so ordered, Operator shall interconnect with any adjacent Cable System which is controlled by the Operator or its Affiliate. 3. All signals to be interconnected will comply with FCC technical standards for all classes of signals and will result in no more than a de minimus level of distortion. 4. The Operator shall cooperate with any interconnection corporation, regional interconnection authority, state or federal regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems within and beyond the boundaries of the City. To facilitate interconnection with other adjacent systems which are owned or controlled by the Operator or any Affiliate thereof ("Adjacent Related Systems"), the Operator shall place all comparable Access channels on the System and on Adjacent Related Systems on channels having the same numerical designations. I. Customer Service Monitoring: The Operator shall install and maintain status monitoring equipment and keep such records as required to enable the City to determine whether the Operator is complying with all telephone answering standards required by applicable customer service regulations, as amended from time to time. J. Emergency Alert System: The Operator shall comply with the requirements of 47 C.F.R. Part 11, as amended. The Cable System shall be designed and constructed to permit the City to simultaneously override audio and video signals and broadcast emergency messages on all Channels on the System. The City shall have the capability to initiate emergency messages from City Hall, or such other place as the Administrator of Emergency Services may designate. The Operator shall assist and cooperate with the City in periodic testing of the emergency alert system. K. home Wiring: Operator shall comply with all applicable FCC requirements, including any notice requirements, with respect to home wiring and home run wiring. L. Uses of system: Operator shall notify the City of all active uses of the Operator's Cable System as promptly as possible after the institution of such uses. M. Parental Control Lock: The Operator shall provide, at no charge, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by the Operator. 28 N. open Platform for Internet Services: The Operator agrees to comply with all requirements of Applicable Law with respect to nondiscriminatory access to the Operator's cable modem platform for providers of Internet service. O. No Limitation of Streaming Video: Unless expressly mandated by Applicable Law, the Operator shall place no restriction upon the downstream streaming of video programming over its internet access service. VI. CHANNELS AND FACILITIES FOR PUBLIC,EDUCATIONAL AND GOVERN- MENTAL USE A. Access Channels: L The parties acknowledge that the franchise granted. by the City to the Incumbent Operator expires on February 18, 2001, and that the City is in the process of ascertaining cable- related community needs and interests pursuant to 47 U.S.C. § 546. Those needs and interests, including requirements for channel capacity for public, educational and governmental use, will be reflected in the terms of any Renewal Franchise. The parties agree that if such a Renewal Franchise is granted, the Operator shall provide, beginning on the effective date of the Renewal Franchise, the same number of analog Access Channels as is required of the Incumbent Operator under the Renewal Franchise. Beginning immediately upon commencement of Cable Service to the first Subscriber in the City, the Operator shall provide two analog Access Channels for public, educational and governmental use. One channel shall be used, to the extent Operator has access to the same, for the live broadcast of City Council meetings and, by obtaining and replaying videotapes, providing similar bulletin boards or through the Incumbent Operator's system, the other programming currently carried on Channel 6 of the Incumbent Operator's System. The other channel shall be used to carry CCTV, the government access channel for Contra Costa County as soon as Operator's Cable System has direct access to the same. In addition, the Operator shall make available up to two additional analog Access Channels within thirty(30) days of a written request from the City. The additional Access Channels shall be used for public, educational or governmental access programming, the allocation thereof to be at the sole discretion of the City. Any entity that manages an Access Channel may use that capacity to provide one or more channels of service. 2. Additionally the parties agree that if such a Renewal Franchise is granted, the Operator shall provide, beginning on the effective date of the Renewal Franchise, the same amount of digital PEG Access capacity as is required of the Incumbent Operator under the Renewal Franchise. Beginning immediately upon commencement of Cable Service to the first Subscriber in the City, and subject to subsection (3) below, the Operator shall provide digital capacity in an amount equal to the amount needed to transmit four (4) video channels, with accompanying audio, that are in digital format and capable of producing sound and picture of NTSC quality, based on the compression technology then in use in the Cable System. Any use of such digital capacity shall be compatible with the technology, including without limitation the compression technology, used by Operator in the Cable System. The City and the Operator shall 29 work together to implement technical solutions that make the most efficient use of this capacity . Further, if the Operator offers subscribers a radio or music service delivered over the Cable System, the Operator shall include in such service, if reasonably feasible, a nonprofit public radio station designated by City which is either operated by City or by a non-profit organization within Contra Costa County. 3. Any of the foregoing analog or digital PEG capacity, the control of which has not been transferred to City or a Designated Access Provider, may be utilized by the Operator for any purpose unless and until it is so transferred. Four analog PEO channels shall be provided in the manner specified in Section 6(a)(1). Additional PEG capacity up to the maximum specified in Section 6(a)(1) (as to analog) and (2) (as to digital) shall be provided as follows: Prior to requesting additional PEC capacity, City shall, in its sole discretion, determine that such additional PEG capacity can reasonably be used for PEG purposes. In making this determination, City shall consider the extent to which existing PEG capacity is being utilized, the community need for additional PEG programming, the resources and capabilities of the City or the applicable Designated Access Provider needed to produce additional PEG programming and the impact on the Operator and its Subscribers. Upon making this determination, City shall deliver written notice to the Operator indicating the amount and type of capacity needed and the date upon which the capacity should be provided. If the Operator has capacity of the specified amount and type which it is not actively using, it shall provide the capacity by the specified date. If the Operator does not have such unused capacity, it may defer providing such capacity until the earlier of(i) the date such capacity becomes available or (ii)twelve (12) months after receipt of the notice from City. The Operator may defer providing the capacity in the foregoing manner only if it delivers a written notice to the City within fourteen (14) days after receipt of the City's notice. No third party shall have any independent right under this section to obtain additional PEG capacity, and City shall have the exclusive right to obtain additional PEG capacity for itself or a Designated Access Provider pursuant to this section. 4. The Operator shall provide dedicated, bidirectional fiber optic links between the headend and (i) City Hall; and two (2) other sites designated by the City in order to deliver PEG access programming to the headend. These links shall be completed as soon as practical after construction of the System commences. The Operator shall be responsible for providing all equipment at the origination sites necessary to transport the video programming from those origination sites to Operator's headend. The Operator shall place the PEG access signals on their designated channels at the headend. Each of the Access Channels provided under this Section, both initially and after the effective date of any franchise issued as a result of renewal proceedings for the renewal of the Incumbent Operator's franchise ("the Renewal Franchise"), shall, to the extent possible, carry PEG video programming which corresponds to one of the Access Channels provided over the Incumbent Operator's system. Operator shall make all reasonable good faith efforts to connect with the Incumbent Operator's system as necessary to deliver all PEG programming made available by the Incumbent Operator as of the Effective Date. S. The Operator shall provide any analog Access Channels on the Basic Service Tier throughout the life of this Franchise and the balance of any PEG access capacity, on the lowest tier or level of such capacity offered to Subscribers. If channels or capacity on the Cable System 30 are displayed through a menu system, Access Channels or capacity, shall be displayed in the same manner as ether channels or capacity. Access Channels and programming shall be in channel positions that are contiguous with, and not separated by scrambled channels from, the other channels located on the Basic Cable Service tier. 6. Each analog Access Channel shall be transmitted on the System in standard 6 MHz, unscrambled NTSC format so that every Subscriber can receive and display the PEG signals using the same converters and signal equipment that is used for other Basic Service Channels. 7. The Operator shall not change the channel assignments for the Access Channels, without the prior written approval of the City Manager. The foregoing is not intended to waive or contravene any Applicable Law, now or hereafter in effect. S. Any educational Access Channel shall be for the noncommercial use of the educational community of the City. The City or its designee may adopt reasonable rules regarding the use of any such Channel. 9. Any governmental Access Channel shall be for the noncommercial use of the City. The City or its designee may adopt reasonable rules regarding the use of any such Channel. 10. Any public Access Channel shall be for the noncommercial use of the public. The City or its designee may adopt reasonable rules regarding the use of any such channels. 11. The City may, but need not, designate one or more PEG access providers ("Designated Access Providers"), including itself, to control and manage the use of any or all Access facilities and/or resources under this Franchise for a period of time or at the pleasure of the City. To the extent of such designation by the City, as between the Designated Access Provider and the Operator, the Designated Access Provider shall have sole and exclusive responsibility for operating and managing such access facilities and/or resources. The Operator shall cooperate with Designated Access Providers in the use of the Cable System and access facilities and/or resources for the provision of PEG Access. The Operator shall enter into such operating agreements with Designated Access Providers as may be necessary to facilitate and coordinate the provision of PEG access, provided that such operating agreements may not be inconsistent with this Franchise nor with such designation by the City. * 12. If the City has not designated a Designated Access Provider, and the City elects not to manage an Access facility itself, the City may request that the Operator assume that role, subject to negotiation of the terms under which the Operator shall do so. If the City so requests, the Operator shall, at a minimum, provide the Community Programming and Access Facilities and Support specified on pages 27-28 of the Operator's Franchise Application dated February 9, 1999. * 13. Nothing contained in this Agreement shall be construed to prevent the CITY and/or any Designated Access Provider from entering into underwriting or advertising 31 agreements with for-profit ventures to provide support for PEG access programming to the extent allowed by Applicable Law. No sums derived by the CITY and/or any Designated Access Provider from such underwriting activities or advertising shall be construed to diminish or otherwise offset PEG access payments due from under this Franchise. The City anchor any Designated Access Provider may carry non-commercial programming that is generated by entities other than the City and/or any Designated Access Provider. The City agrees to use or permit the use of the Access facilities for PEG use only. B. Periodic PEG access Capital Payments: In addition to and apart from the Franchise Fee paid by the Operator for the use and occupancy of the Public Rights-of-Way and in addition to and apart from the Lump Sum PEG Access Capital Payment as defined below to be paid by the Operator, the Operator shall pay to the City a sum equal to three percent (3%) of its Gross Revenues as PEG Access Capital Payments ("Periodic PEG Access Capital Payments"), provided, however, that (i) for the first twelve months after the date of first activation of Cable Service to a residential Subscriber ("Activation Date"), the periodic PEG Access Capital Payments shall not be required; (ii) for the second twelve (1.2) months after the Activation Date, the Periodic PEG Access Capital Payments shall equal one percent (1%) of Gross Revenues; and (iii) for the third twelve (12) months after the Activation Date, the Periodic PEG Access Capital Payments shall equal two percent (2%) of Gross Revenues. If the Incumbent Operator's franchise is renewed at any time prior to the end of the third year of the Franchise term, the Operator shall immediately begin paying the full three percent payment, effective on the effective date of the Renewal Franchise. The Periodic PEG Access Capital Payments shall be paid quarterly at the same time and pursuant to the same calculations and rules as the calculation and payment of Franchise Fees. The Periodic PEG Access Capital Payments designated hereby shall be under the direction and control of the City, and may be used for PEG access and institutional network purposes, including PEG access equipment (including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment), institutional network equipment (including, but not limited to, network equipment, electronic transmission equipment and end user interface equipment) or for renovation or construction of PEG access or I-Net facilities. The City shall exercise its sole discretion as to the allocation of such resources among and within the public, educational and governmental functions, including without limitation the 1-Net. The City may, at any time, upon ninety (90) days' notice to Operator, reduce the percentage of Gross Revenues constituting the Periodic PEG Access Capital Payments. C. Lump,Sum PEC access Capital Payment: In addition to and apart from the Franchise Fee paid by the Operator for the use and occupancy of the Public Rights-of-Way and in addition to and apart from the Periodic PEG Access Capital Payment as defined above to be paid by the Operator, the Operator shall pay to the City eighteen (18) months after the Effective Date hereof the sum of(i) One Hundred Sixty Thousand Dollars ($160,000). In addition, for each of the twenty-seven I-Net sites that City chooses not to designate to be connected to the I-Net pursuant to Section VI(E) below up to a total of four (4) such sites, the Operator shall pay the additional sum of FORTY THOUSAND DOLLARS ($40,000.00) eighteen (18)months after the Effective Date. The sum of all of the foregoing payments (the "Lump Sum PEG Access Capital Payment") shall be for the purpose of capital costs incurred in or associated with the PEG Facilities, including without limitation a regional studio, a Walnut Creek studio, and/or the I-Net, 32 as distinct from payments for, or in support of the operational use of such Facilities, such as salaries and training. The parties have arrived at the amount of this Lump Sum PEG Access Capital Payment after consideration of a variety of factors, including without limitation, the population of the City, the term of this Agreement and a rough approximation of the present value of a studio. Nothing in the foregoing is intended to imply that the City has any particular expectation that the Incumbent Operator or any other cable operators that may enter into franchise agreements with the City will provide or agree to provide any contributions and/or resources for PEG Access Capital Payments D. Cade Service to Certain Facilities: 1. The Operator shall, without charge, install one activated connection to each facility listed on Exhibit I under the following subheadings: City Facilities, Walnut Creek Libraries, Fire Stations and Public Schools. The Operator shall provide Basic Cable Service and the cable programming services tier, and any equipment necessary to receive and decode such service, free of charge to each of the foregoing facilities. Subject to Applicable Law, Operator also shall, without charge, provide Internet access service to the locations listed on Exhibit I under the subheading City Facilities,with a connection at each such City-designated location to enable City employees Internet access. The Operator shall provide one dynamically assigned IP address to each such location and shall allow the City to transfer any existing City-controlled IP addresses to the Operator's System At its option, City may choose to have such Internet access provided to some or all of such locations by Operator over the I-Net (to the extent such facilities are connected to the I-Net pursuant to subsection (e) below) or over the City's Local Area Network or Wide Area Network. If City chooses the foregoing option, the Operator shall provide one (1) ten (10) MBPS connection to either City Hall or the Dean Lesher Regional Center for the Arts, as specified by City. 2. Upon the request of the City, the Operator shall provide the Ygnacio Valley Library and the Downtown Library with a total of forty (40) cable modems (or their equivalent), equal in speed and capacity to the fastest and largest capacity offered by the Operator to any basic residential Subscriber, and Internet connection subscriptions, both at no charge to the libraries. The Operator shall also supply necessary interior cabling and equipment to connect said service to the libraries' local area network(not to individual computers). The Operator shall provide said cable modems (or their equivalent) and the Internet access service on or before the latest of (i) March 31, 2000; (ii) the date of completion of the CSA in which the library is located, or (iii) such later date as the City may designate. The Operator shall be permitted to advertise and promote its Cable System, including the distribution of promotional coupons, to the extent that such activities are consistent with the then-applicable rules of the libraries relating to such promotional activities by other underwriters of the libraries. 33 E. .Institutional Network(I-Net): 1. The Operator shall, concurrent with the building of the main subscriber network, construct an Institutional Network (I-Net) dedicated for the City, public agency, educational and non-profit use consisting of twelve (12) optical fibers. The I-Net shall be a bidirectional, fully fiber-optic network designed and constructed with single mode fiber, in a design so that each Public Facility can originate and receive fully interactive video, data and voice signals. The I- Net shall be completed within twenty-four(24) months of the Effective Date. The Operator shall assure in the design and construction of its system that the aforementioned optical fiber capability will be provided on all of the Operator's fiber backbone routes. The dedicated fibers shall connect all the Public Facilities (nodes) listed on Exhibit 1, up to a maximum of twenty- seven (27) locations, and allow a protected connection to assure that I-Net communications can move upstream and downstream in, out, and through each node. The City shall designate by October 1, 1999, which of the foregoing locations, up to the maximum of twenty-seven (27), shall be connected. The parties shall meet as soon as possible for the purpose of discussing the specific design of the I-Net. The I-Net shall be designed and constructed in compliance with the IEEE 802.3u standard for 100 megabit systems. The I-Net shall also be reasonably designed in such a manner as to permit a future migration to a 1,000 megabit system at no cost to the Operator and at City's sole expense. The parties shall reasonably agree upon the design as soon as possible and no later than ninety (90) days after the Effective Date of this Agreement. The optical fiber capability will be available to the City and its designated agencies for I-Net purposes pursuant to terms and conditions described in this Section. The I-Net shall be reserved for the sole use of the City and its designated agencies. Upon request the Operator shall extend similar capacity on the I-Net to any City building, or the City designated agency building, located within the Franchise area, which is constructed, acquired or leased by the City or its designated agency during the term of the Franchise, up to a maximum of one (1) such site per year. If such one additional site or any other future sites that the City may desire to be connected to the I-Net has not already been passed by the existing I-Net fiber, then the cost of providing such service to such additional location shall be borne by the City, such cost not to exceed Operator's out-of-pocket expenses plus ten percent (10%). Notwithstanding the foregoing, for each additional $40,000 Lump Sum PEG Access Capital Payment that City receives as a result of not designating an I-Net site pursuant to subsection (c) above, City shall not be entitled to designate an additional I-Net site during one (1) subsequent year. For example, if City initially only designates 24 I-Net sites and the Operator makes a corresponding Lump Sum PEG Access Capital Payment of $40,000 for each of the 3 undesignated sites, City shall not be entitled to designate additional I-Net sites during the first three years after the Effective Date. 2. During initial construction the Operator shall construct optical fiber nodes within each building listed in Exhibit 1 as specified by the City, or its designated agency (not to exceed 27 sites). The cost of extending fiber from the Operator's backbone into each building shall be borne by the Operator. The Operator shall install at the Operator's expense in each of the 27 designated facilities listed in Exhibit 1 the necessary equipment to activate a 100 megabit Ethernet system with routers and equipment racks necessary to make the system operable at each location. The parties shall meet in good faith to determine the specific equipment to be provided, with the understanding that the equipment shall be of reasonable quality typical in the industry for similar applications and reasonably available to the Operator through its vendors. 34 The Operator shall Interconnect the facilities and hardware specified within this Section into an operational network to assure that I-Net communications can move upstream and downstream in, out, and through each node. Upon acceptance of the I-Net by the City, all nodal equipment shall be owned by the City, or its designated agency, and the City or designated agency shall be responsible for its maintenance and, if necessary, its replacement. 3. Upon completion of I-Net construction, the Operator shall provide, for the purposes described below, all equipment necessary to satisfactorily conduct and provide the City with proof of performance measurements pursuant to this Section. After acceptance of the proof of performance by the City, the Operator shall be responsible for maintaining the I-Net facilities (including the optical fiber lines and any equipment necessary to operate those lines outside of City facilities, and not 'including the nodal equipment or any other facilities which are not provided by the Operator pursuant to this Agreement) to the same extent and in the same manner as it maintains its comparable facilities in the Subscriber network. The Operator shall provide reasonable technical support and consultation to the City or its designated agency regarding the development and use of the I-Net. 4. The Operator shall begin restoration of service for all Service Outages, whether reported to Operator by the City or independently identified by Operator, within two hours of notice or discovery of the Service Outage during normal business hours, four hours otherwise. The term. "Service Outage" shall mean any condition or damage of or to the physical fiber optic network affecting the I-Net plant that precludes or substantially impairs the transmission of information on the I-Net or a portion thereof. Permanent repairs shall be completed within three business days. Upon identification of a Service Outage, Operator shall, within such response time, have qualified personnel on site to investigate the outage, assess the cause and commence necessary repairs. To the extent that necessary repairs resulting in restoration of connectivity on the I-Net can be immediately accomplished, Operator shall effect such repairs in connection with its investigation of the cause of the Service Outage. To the extent that repairs cannot be immediately effected, Operator shall, within the response time, inform the City of the apparent cause of the Service Outage, the anticipated time for restoration of connectivity and, in cases where the City bears the cost of maintenance, the estimated cost of restoration connectivity. 5. The use of the I-Net shall be free of charge to the City and its designated agencies. The CITY will determine which agencies may utilize the I-Net. 6. The parties acknowledge that the agreement regarding usage of the I-Net is subject to all local, state, and federal law. The City agrees to indemnify and hold harmless the Operator from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly and solely related to the material under the City's control carried on the I-Net, including but not limited to, copyright infringement, libel, slander, defamation, patent, trademark, or invasion of privacy claims. Based on the City's control of the I-Net, City waives all claims, damages, liabilities, costs and expenses related to the material carried on the I-Net, as against Operator, and as to all functionality of the nodal equipment, from and after the expiration of the manufacturer's warranty applicable to the same. 35 F. Compliance with Federal Law. The Operator and the City agree that the Periodic PEG Access Capital Payments and the Lump Surn PEG Access Capital Payment referenced in this Agreement will not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act(47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by the Operator pursuant to this Agreement or (ii) part of the Franchise Fees to be paid to the City by the Operator pursuant to this Agreement. G. Additional.,Payments, Contributions, Support Not Franchise.Fees: 1. The Operator acknowledges and agrees that the payments or contributions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to Section 6 of this Agreement, or otherwise in connection with the construction, operation, maintenance or upgrade of the System shall not be franchise fees chargeable against the Franchise Fees payable by the Operator to the City pursuant to this Agreement. 2. The Operator acknowledges and agrees that each of the payments and contributions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to Section 6 of this Agreement are within the exclusions from the term "franchise fee" set forth in Section 622 of the Cable Act (47 U.S.C. §542). 3. The Operator acknowledges and agrees that the Franchise Fees payable by the Operator to the City pursuant to this Agreement shall take precedence over all other payments, contributions, Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to this Agreement. 4. The Operator shall not apply or seek to apply all or any part of the Franchise Fees to be made by the Operator to the City pursuant to this Agreement as a deduction from or credit or offset against any taxes, fees or assessments of general applicability levied or imposed by the City or any other Governmental Authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminating against cable operators or cable Subscribers). VII. FRANCHISE FEE A. Payment to the City In consideration of the grant of the Franchise provided for herein and the Operator's use and occupation of the Public Rights-of-Way, the Operator shall, at all times during the term of this Agreement, pay to the City a Franchise Fee of five percent (5%) of the Operator's annual Gross Revenues. The Franchise Fee shall be payable quarterly within thirty (30) days of the expiration of each of the Operator's fiscal quarters. Each payment shall be accompanied by a report in such form as the City may reasonably request showing the computation of the Franchise Fee for the preceding quarter and such other relevant facts as may be reasonably required by the City, including the completion of a Franchise Fee Payment 36 Worksheet in a form specified by the City. Nothing herein shall be construed to prohibit the Operator from itemization of the Franchise Fee on Subscriber bills to the extent required by 47 U.S.C. 542(c) and 47 C.F.R. 76.985. B. Computation: In the event that the Operator shall, during the term of the Franchise, bundle, tie or combine Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee), the combined revenue therefrom shall first be allocated to Cable Services to the full extent which would have been charged by the Operator if the Subscriber had received only the Cable Services. In no event shall the amount allocated to Cable Services under the foregoing calculation exceed (i) the total amount of combined revenue actually received by the Operator or (ii) the net revenues derived when mandatory tariff rates imposed by a Governmental Authority for components of the combined service are deducted from the combined revenue. C. Supporting Information: The City, on an annual basis, shall be furnished a statement within ninety (90) days of the close of the calendar year, certified by an officer of the Operator reflecting the total amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. Upon ten (10) business days prior written notice, the City shall have the right to conduct an independent audit of the Operator's records. If such audit indicates a Franchise Fee underpayment of two percent (2%) or more, the Operator shall assume all reasonable costs of such an audit and shall remit to the City all applicable Franchise Fees due and payable together with a late payment fee equal to interest thereon at the lesser of the maximum rate permitted by Applicable Law or 18%per annum. D. No Accord or Satisfaction: Except as otherwise provided by law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a Franchise Fee under this Agreement or any Franchise Agreement or for the performance of any other obligation of the Operator. E. Interest: In the event that any Franchise Fee payment or recomputed amount is not made on or before the dates specified in this Agreement, the Operator shall pay as additional compensation only a late payment fee computed from such due date, at an annual rate equal to the lesser of the maximum rate permitted by Applicable Law or 18% per annum during the period for which payment was due. 37 F. No Limitation on Taxing Authority: 1. Nothing in this Agreement shall be construed to limit any authority of the City to impose any tax, fee, or assessment of general applicability. 2. The Franchise fee payments required by this section shall be in addition to any and all taxes of a general nature or other fees or charges which the Operator shall be required to pay to the City or to any state or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of the Operator. The Operator shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise Fee payments from or against any of said City taxes or other fees or charges which the Operator is required to pay to the City, except as required by law or expressly provided in this Agreement. The Operator shall not apply nor seek to apply all or any part of the amount of said Franchise Fee payments as a deduction or other credit from or against any of said City taxes or other fees or charges, each of which shall be deemed to be separate and distinct obligations of Operator. Nor shall the Operator apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges as a deduction or other credit from or against any of its Franchise Fee obligations, each of which shall be deemed to be separate and distinct obligations of the Operator. The Operator may designate a Franchise Fee and/or amounts representing the Periodic PEO Access Payments required hereunder as a separate item in any bill to a Subscriber of the Operator's Cable System, but shall not designate or characterize it as a tax. VIII. RATE REGULATION A. All Rights Reserved: The City reserves all of its rights to regulate the Operator's rates to the maximum extent permitted by Applicable Law. B. Geographic Uniformity: The Operator's residential rates throughout the Franchise Area shall be uniform, except as provided in Section 8(c). C. Senior Citizen Discount. Throughout the term of this Franchise and any extension or renewalthereof, the Operator shall offer to qualified Subscribers a thirty (30%)percent discount ("Senior ;Rate Discount") on all fees and rates necessary to receive Basic Cable Service. The discount shall be offered to all Subscribers meeting all of the following criteria: (1) sixty-five (65) years of age or older, (2) personally responsible for the payment of the cable charge to the Subscriber's residential living quarters and is directly billed by the Operator for Cable Services, and (3) the Subscriber certifies to the Operator that the aggregate gross income of all the persons who share the Subscribers residential living quarters on a permanent basis does not exceed an annual sum equal to the then-established "very low income" figures adjusted for household size, as established by the United States Department of Dousing and Urban Development for the Oakland PMSA. The discount shall be prospective from the date of the application of the Subscriber for such discount. The Operator shall notify all Subscribers concurrently with an rate promotion or package of the existence and level of the Senior Rate Discount. In no event shall such notification occur less than once every twelve (12) months and the notification of the existence and level of the Senior Date Discount shall be at least as prominent (in terms of font 38 size, placement, etc) as the most prominent advisement by the Operator to Subscribers of any other rates or charges (promotional or regular) during the preceding twelve (12) months. No single household shall receive more than one such Senior Rate Discount at any one time. IX. INSURANCE, SURETY,AND INDEMNIFICATION A. Insurance Required: The Operator shall obtain, and by its acceptance of the Franchise specifically agrees that it will maintain, throughout the entire length of the Franchise period, at its own cost and expense and keep in force and effect the following insurance covering the Operator, and by additional insured provision, the City. Coverage must be placed with an insurance cornpany/companies authorized to do business in the State of California and evidenced by a certificate of insurance and/or copies of the insurance policies. Operator's insurance shall be primary. B. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office number GL0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability, or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). The policy must include coverage for Contractual Liability, Premises and Operations, Independent Contractors, Broad Form Property Damage, Personal Injury, and Products and Completed Operations. The policy must also include coverage for the explosion, collapse and underground hazard. 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. If Operator should engage in programming origination of any kind, including production of advertising, Operator shall obtain Broadcasters' Liability Coverage, covering errors and omissions and negligent acts and other operations of the Operator, committed during the term of the Franchise period with the City. Operator shall provide a one-year discovery period under this policy. C. Minimum Limits of Insurance: Operator shall maintain policy limits of no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 39 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code and Employers Liability limits of$1,000,000 per accident. 4. Broadcasters' One million dollars ($1,000,000) per claim if required pursuant to subsection 9(b)(D) above. The City may review these amounts no more than once a year and may require reasonable adjustments to them consistent with the public interest, any increases not to exceed the Consumer Price Index for the San Francisco-Oakland-San Jose Metropolitan Area for the period since the prior review,or the Effective Date, as applicable. D. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Operator shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. E. Other Insurance Provisions: The policies shall contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees, agents and volunteers are to be covered,as insured as respects: liability arising out of activities performed by or on behalf of the Operator; products and completed operations of the Operator•, ; premises owned, occupied or used by the Operator; or automobiles owned, leased, hired or borrowed by the Operator. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers acting within the performance of the official duties of the position and not resulting from malfeasance in office, willful neglect of duty or bad. faith. b. The Operator's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Operator's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers,officials, employees, agents or volunteers. d. The Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 40 1. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Operator for the City. 2. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. F. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A:VII. G. Verification of Coverage: The Operator shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time. H. Failure Constitutes Material Violation: Failure to comply with the insurance requirements set forth in this Section shall constitute a material violation of the Franchise. I. Indemnification: 1. The Operator shall indemnify, defend and hold the City, its officers, boards, commissions, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys' fees) and costs that any of the Indemnified Parties acting within the performance of the official duties of the position and not resulting from malfeasance in office, willful neglect of duty or bad faith, may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the grant of a Franchise to the Operator, the operation of the Operator's System and/or the acts and/or omissions of the Operator or its agents or employees, whether or not pursuant to the Franchise. This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, antitrust, errors and omissions, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent, or any other right of any Person by the Operator, but shall exclude any claim or action arising out of the sole negligence or willful misconduct of the Indemnified Parties or related to any City programming or other Access programming for which the Operator is not legally responsible. An Indemnified Party shall promptly submit a written request to the Operator of any claim or legal proceeding which gives rise to the Operator's indemnification obligations under this Section. An Indemnified Party shall be offered the opportunity to participate in the defense, compromise, settlement or other resolution or disposition of any claim or proceeding. The Indemnified Party shall fully cooperate with the Operator regarding any such matter. 41 2. Specifically, the Operator shall fully indemnify, defend, and hold harmless the City, and, in their capacity as such, the officers, agents, and employees thereof, from and against any and all claims, suits, actions, liability, and judgments for damages or otherwise subject to 47 U.S.C.',§ 558, arising out of or alleged to arise out of the installation, construction, operation, or maintenance of the System, including but not limited to any claim against the Operator for invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation or infringement of any copyright,trade mark, trade name, service mark, or patent,or of any other right of any Person, firm, or corporation, except to the extent such loss, damage, cost or expense is due to the sole negligence or willful misconduct of the City or its employees or agents, or arising from City programming or other Access programming for which Operator is not legally responsible. 3. The indemnification obligations of the Operator set forth in this Agreement are not limited in any way by the amount or type of damages or compensation payable by or for the Operator under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Agreement or the terms, applicability or limitations of any insurance held by the Operator. 4. The City does not and shall not, waive any rights against the Operator which it may have by reason of the indemnification provided for in this Agreement, because of the acceptance by the City, or the deposit with the City by the Operator, of any of the insurance policies described in this Agreement and regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. 5. The Operator's and the City's indemnification obligations under this Agreement shall survive the expiration, cancellation or termination of this Agreement. J. No Limit of Liability: Neither the provisions of this Section nor any damages recovered by the City shall be construed to limit the liability of the Operator for damages under the Franchise. X. PERFORMANCE GUARANTEES AND REMEDIES A. Performance Bond. 1. The Operator shall obtain and at all times maintain during the entire term of this Franchise, and any extension(s)thereof, a performance bond in favor of the City in the amount of $400,000 to ensure the Operator's satisfactory performance of construction and other work in the Public Rights-of-Way, including, but not limited to, the construction required by this Agreement. The City may agree to accept a letter of credit in a form acceptable to the City in lieu of a Performance Bond. 2. In the event the Operator fails, after ten (10) business days' written notice and opportunity to cure from the City, to complete any System construction, upgrade or other work in the Public Rights-of=-Way in a safe, timely, and competent manner, in accordance with the provisions of this Agreement and the Cable Ordinance, there shall be recoverable, jointly and 42 severally from the principal and the surety of the bond, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the Operator, or the cost of completing or repairing the System rebuild, construction, upgrade, or other work in the Public Rights-of-Way, plus a reasonable allowance for attorneys` fees, up to the full amount of the bond. The bond shall expressly include all of the foregoing provisions. The City may also recover against the bond any amount recoverable against the security fund required under this Agreement, where such amount exceeds that available under the security fund. Within thirty (30) days of being notified that any amount has been withdrawn from the performance bond, the Operator shall restore the performance bond to the amount specified in paragraph(a). 3. Issuance of Bond. All performance bonds required by this Certificate or the City Code shall be in a form acceptable to the City and shall be issued by a surety with an A-1 or better rating of insurance in Best's Ivey hating Guide, Property/Casualty Edition; shall be subject to the approval of the City; and shall contain the following endorsement: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." 4. Release of Bond. Ninety (90) days after acceptance by the City of construction of the System, the Operator may submit to the City a written request to release the performance bond. The City shall then authorize the Operator and the surety, in writing, to release and cancel the performance bond, provided that all outstanding claims of the City have been resolved to the City's satisfaction. 5. Forfeiture. The total amount of any bond shall be forfeited in favor of the City in the event that this Agreement is revoked pursuant to Section 10(h) of this Agreement, and the performance bond shall so state. B. Security Fund; 1. The Operator shall file and maintain with the City an irrevocable letter of credit from a financial institution licensed to do business in California in the amount of $50,000 to ensure the Operator's faithful performance of its obligations. The form and content of the letter of credit shall be approved by the City. 2. The Operator and its surety shall be jointly and severally liable under the terms of the letter of credit. • 3. There shall be recoverable by the City from the letter of credit any and all fines, penalties, and liquidated damages due to the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Operator to faithfully comply with the material provisions of this Agreement, the Cable Ordinance, and 43 Applicable Law; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay fees due to the City; or pay any claims or liens due the City. Such losses, costs and expenses shall include but not be limited to reasonable attorney's fees. 4. The letter of credit shall provide for thirty (30) days' prior written notice to the City of any intention on the part of the Operator to cancel, fail to renew, or otherwise materially alter its terms. • 5. The letter of credit shall be released only upon expiration or nonrenewal of the Franchise or upon the replacement of the letter of credit within the time specified herein. C. Rights Cumulative. The rights reserved to the City herein are in addition to all other rights of the City, whether reserved herein or authorized by Applicable Law, and no action, proceeding,or exercise of a right with respect to the letter of credit or performance bond required by this Agreement will affect any other right the City may have. Neither the filing of a letter of credit or performance bond with the City, nor the receipt of any damages recovered by the City thereunder, shall be construed to excuse faithful performance by the Operator or limit the liability of the Operator under the terms of its Franchise for damages, either to the full amount of the letter of credit,the performance bond,or otherwise. D. Letter~ ref Credit Procedures: The following procedures shall apply to drawing on the letter of credit: 1. if the Operator fails to male timely payment to the City of any amount due under this Agreement or Applicable Law, or fails to compensate the City within ten (10) business days of written notification that such compensation is due, for any damages, costs, or expenses the City suffers or incurs by reason of any act or omission of the Operator in connection with this Agreement or its enforcement, or fails, after ten (10) business days' written notice, to comply with any provision of this Agreement or the Cable Ordinance that the City determines can be remedied by an expenditure against the letter of credit, including, without limitation, payment of liquidated damages, the City Manager, upon five (5) business days notice to Operator, may withdraw the amount thereof,with interest and any penalties, from the letter of credit. 2. Within three (3) days of a withdrawal from the letter of credit, the City shall mail, by certified mil, return receipt requested, written notification of the amount, date, and purpose of such withdrawal to the Operator. 3. if at the time of a withdrawal from the letter of credit by the City, the amounts available are insufficient to provide the total payment towards which the withdrawal is directed, the balance of such payment shall continue as the obligation of the Operator to the City until it is paid. 4. No later than thirty (30) days after mailing of notification to the Operator by certifiedmail, return receipt requested, of a withdrawal under the letter of credit, the Operator shall restore the letter of credit to the total amount specified herein. 44 5. Upon termination of the Franchise under conditions other than those stipulating forfeiture of the letter of credit, the balance then remaining in the letter of credit shall be returned to the Operator within forty-five (45) days of such termination, provided that there is then no outstanding default on the part of the Operator. E. Failure Constitutes Material Violation: Failure to maintain or restore the letter of credit or the performance bond shall constitute a material violation of this Agreement. F. Remedies: In addition to any other remedies available at law or equity, the City may apply any one or a combination of the following remedies in the event the Operator violates, and fails to cure after notice and expiration of the applicable cure period, the Cable Ordinance, this Franchise Agreement, or applicable state or federal law: 1. Apply any remedy provided for in this Agreement. 2. Revoke the Franchise or shorten the term pursuant to the procedures specified in this Agreement. 3. Impose penalties available under the Cable Ordinance or other applicable state and local laws for violation of City ordinances. 4. In addition to or instead of any other remedy, seek legal or equitable relief from any court of competent jurisdiction. G. Liquidated Damages: Because the Operator's failure to comply with provisions of the Ordinance and this Franchise Agreement will result in injury to the City, and because it will be difficult to estimate the extent of such injury, the City and the Operator agree to the following liquidated damages to be effective during the term of the Ordinance for the following violations of the Franchise and of this Agreement, which represent both parties' best estimate of the damages resulting from the specified violation. Such damages shall not be a substitute for actual performance by the Operator of a financial payment, but shall be in addition to any such actual performance. Any liquidated damages remedy shall be cumulative and in addition to any other remedies the City may have under this Agreement or Applicable Law, other than monetary damages. The City Manager, or designee, shall have the authority to waive or reduce the liquidated damage amounts herein for good cause. 1. For failure to submit any required plans indicating expected dates of installation of various parts of the System: $200/day for each day after Operator's receipt of notice that the violation continues, 2. For failure to commence operations or to substantially complete construction in accordance with the requirements of this Franchise Agreement: $1,500/day for each day after Operator's receipt of notice that the violation continues, 3. For transferring the Franchise without approval: $2,000/day for each violation for each day after Operator's receipt of notice that the violation continues, 45 4. For failure to comply with requirements for educational and governmental use of the System: $200/day for each violation for each day after Operator's receipt of notice that the violation continues; 5. For failure to supply information, reports, or filings lawfully required under this Franchise Agreement or Applicable Law or by the City: $340/day for each day after Operator's receipt of notice that the violation continues; 6. For violation of customer service standards: $200 per violation after Operator's receipt of notice that the violation continues; 7. For rate regulation violations specified under the Cable Ordinance, City orders or resolutions, or other Applicable Law, for each day that the same violation occurs and continues: $200 per day; 8. For failure, except in the case of force majeure, of the System to perform in the event of a public emergency or vital information situation: $2,504 per day; . For failure to render payment for reimbursement of any Franchise expenses, but excluding any failure to pay Franchise fees (for which the imposition of interest shall be the sole remedy) or liquidated damages: $140 per day after Operator's receipt of notice that the failure has occurred and is continuing; 10. For failure to file, obtain or maintain the required Security Fund in a timely fashion: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing; 11. For failure to restore damaged property: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing, in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in the Ordinance; 12. For violation of technical standards established by the FCC: $140 per day after Operator's receipt of notice that the failure has occurred and is continuing; 13. For any other violations of this Agreement, the Ordinance, or other Applicable Law: $144/day for each day after Operator's receipt of notice that the violation continues. In all events, the City shall deliver to Operator notice of the asserted violation or failure and Operator shall have the right to dispute the asserted occurrence of such failure or violation. H. Shortening, Revocation, or Termination orf Franchise: 1. Upon completion of the term of the Franchise granted under this Agreement, if a new, extended, or renewed Franchise is not granted to the Operator by the City, the Operator's right to occupy the Public Rights-of-Way shall terminate, subject to Applicable Law. 46 2. The City shall have the right to revoke the Franchise, or to shorten the term of the Franchise to a term not less than: thirty-six (36) months from the date Operator receives written notice from the City of the City's decision to act pursuant to this Agreement concerning the City's shortening action, for the Operator's material violation of this Agreement. 3. To invoke the provisions of this Section, the City shall give the Operator written notice of the default in its performance. If within sixty (60) calendar days following such written notice from the City to the Operator, or such other period as the Operator and the City shall agree, the Operator has not taken corrective action to the satisfaction of the City, the City may give written notice to the Operator of its intent to revoke or shorten the Franchise, stating its reasons; provided that no opportunity to cure shall be provided where the Operator is shown to have defrauded or attempted to defraud the City or its Subscribers in connection with this Agreement or Cable Service in any way that has a material adverse effect on Operator's provision of Cable Services pursuant to this Agreement. 4. Prior to shortening the term of or revoking the Franchise, the City shall hold a public hearing, on thirty (30) calendar days' notice, at which time the Operator and the public shall be given an opportunity to be heard. Following the public hearing, the City may determine whether to revoke or shorten the term of the Franchise based on the information presented at the hearing, and other information of record, or, where applicable, grant additional time to the Operator to effect any cure. If the City determines to shorten the Franchise term or revoke the Franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the Operator. 5. If the City revokes the Franchise, or if for any other reason the Operator abandons, terminates, or fails to operate or maintain service to its Subscribers, the following procedures and rights are effective. 47 XI. REPORTING AND REVIEW A. Records Required and the City's Right to Inspect: 1. The Operator shall at all times maintain and upon request provide to the City: a. A full and complete set of plans, records and "as-built" maps showing the location of the Cable System installed or in use in the City, exclusive of Subscriber service drops and equipment provided in Subscribers' homes. To the extent technically and economically feasible, the Operator shall also mare records and maps available to the City in electronic format compatible with the City's computer system. b. If requested by the City, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the City within thirty (30) days following its request in a form reasonably acceptable to the City. 2. Upon reasonable notice, and during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, the Operator shall permit examination by any duly authorized representative of the City, of all Cable System property and facilities, together with any appurtenant property and facilities of the Operator situated within or without the City, and all records relating to the Franchise, provided they are necessary to enable the City to carry out its regulatory responsibilities under Applicable Law and this Agreement. The Operator shall have the right to be present at any such examination. 3. The City or its designee shall also have the right to inspect and copy (at City's expense), upon twenty-four (24) hours written notice, at any time during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, at the Operator's local office, all books, records, maps, plans, financial statements, service complaint logs, performance test results, and records of request for service of the Operator. To the extent not inconsistent with Applicable Law, the Operator shall have the right to designate confidential, proprietary, trade secret and privileged information and the City shall thereupon treat such information as privileged from disclosure under the California Public Records Act. The City shall provide the Operator with reasonable advance notice of any request by a third party for disclosure of information designated by the Operator as confidential, proprietary, trade secret or privileged. To the extent that any information regarding the local Cable System is maintained, either separately or cumulatively with information concerning other Cable Systems or operations, by the Operator or an Affiliate, the Operator shall mare copies of such records available for inspection and auditing at the local office within seven days after receipt of a written request by the City. 4. Copies of all petitions, applications, communications and reports submitted by the Operator or on behalf of the Operator to the Federal Communications Commission, Securities and Exchange Commission, or any other Governmental Authority having ,jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Agreement and any Franchise shall be submitted upon request to the City. Copies of responses from the Governmental Authority to the Operator shall likewise be furnished upon request to the City. 48 B. Annual Reports: 1. The Operator shall within ninety (90) days of each calendar year end, submit a writtenend of the year report to the City with respect to the preceding calendar year containing the following information: a. A summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in development of the Cable System, including but not limited to Cable Services commenced or discontinued during the reporting year; b. A list of the Operator's officers, members of its board of directors, and other principals of the Operator; and c. A list of stockholders or other equity investors holding thirty (30) percent (30%) or more of the voting interest in the Operator. C. Reports available for inspection: All reports required under this Agreement, except those required by law to be kept confidential and any confidential, proprietary, trade secret and/or privileged information, shall be available for public inspection in the Operator's offices during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. D. Operator's Expense: All reports and records required under this Agreement shall be furnished at the sole expense of the Operator, except as otherwise provided in this Agreement. XII. RIGHT TO PURCHASE A. The City's Right to Purchase System: Except for a sale, transfer, or other conveyance by the Operator to an Affiliate, the City shall have a right of first refusal to purchase the Cable System in the event the Operator receives a bona fide offer which has been accepted by the Operator, subject to the City's rights under this Agreement. The price to be paid by the City shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The City shall notify the Operator of its decision to purchase within the forty-five (45) days of the City's receipt from the Operator of a copy of the written bona fide offer and such other relevant and pertinent information as the City shall deem reasonably appropriate. The City's failure to respond within said 45-day period shall be deemed to constitute the City's election not to purchase the Cable System. B. Purchase by the City upon Expiration or Revocation: Upon the expiration, cancel- lation, revocation or termination of the Franchise granted by this Agreement for which the City has lawfully denied renewal under Applicable Law, the City shall have the right to purchase the entire Cable System, in accordance with Applicable Law, upon the payment to the Operator of the there-existing fair market value of the Cable System determined on the basis of generally accepted appraisal principles(exclusive of any value attributable to the Franchise itself). C. Abandonment or Removal of Equipment: 49 1. The Operator shall not abandon any portion of its Cable System without giving at least three (3) months prior written notice to the City. The Operator shall not abandon any portion of the Cable System without compensating the City for any damages resulting to the City from the abandonment. 2. The City, upon such terms as the City may reasonably impose, may give the Operator permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Agreement, the Operator shall remove all abandoned facilities and equipment upon receipt of written notice from, the City and shall restore any affected street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, the Operator shall refill, at its own expense, any excavation made by or on behalf of the Operator and shad leave all Streets and other public ways and places in as good condition (per the City's standard procedures for the same) as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires,poles or attachments. The City shall have the right to inspect and approve the condition of the Streets, public ways, public places, cables, wires, attachments and poles prior to and after removal according to the City's usual standards and procedures. The liability, indemnity and insurance provisions of this Agreement and any Security Fund provided for in this Agreement shall continue in full force and effect during the period of removal and until full compliance by the Operator with the terms and conditions of this Section. 3. Upon abandonment of any Franchise property in place, the Operator, if required by the City, shall submit to the City a bill of sale and/or other an instrument, reasonably satisfactory in form and content to the City, transferring to the City the ownership of the Cable System property abandoned. 4. At the expiration of the term for which the Franchise is granted, or upon its earlier revocation or termination, as provided for in this Agreement in any such case without renewal, extension or transfer, the City shall have the right to require the Operator to remove, at its own expense, all above-ground portions of the Cable System from all Streets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days, except to the extent the Operator is authorized or utilizing the System pursuant to Applicable Law. 5. Notwithstanding anything to the contrary set forth in this Agreement, the Operator may, with the consent of the City, abandon any underground Franchise property in place so long as it does not materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable operator. U. Extended Operation and Continuity of Service: Upon the expiration, revocation or termination of the Franchise, the Operator shall, upon request of the City, continue to operate the Cable System for a period of time not to exceed six (6) months from the date of such expiration, revocation or termination under the terms and conditions of this Agreement and the Franchise 50 and to provide the regular Subscriber service and any and all of the services that may be provided at that time. XIII. MISCELLANEOUS PROVISIONS A. Conflict with and Amendment of Ordinance: All of the terms, conditions, and provisions of the Franchise shall be deemed to be embodied in the Ordinance and this Agreement, and, in the event of any conflict, the express terms of the Ordinance, asam ended, shall prevail over conflicting or inconsistent provisions in the Agreement, provided that the Ordinance shall not, without Operator's consent, alter the terms of Sections 1; II(B); II(C); IV(J); V(B);V(C); V(F);VI(A) -VI(G); VII(A); X(A); X(B) or X(G). B. No Discrimination: In the offering of its services, the Operator shall not discriminate between offerees, including without limitation in the use of discounts (except as otherwise expressly provided herein) and/or free or promotional packages based upon income levels and/or area of residence within the City. C. Unbundling: In the event that the Operator shall, during the term of the Franchise, bundle or combine Cable Services with non-Cable Services, it shall also offer all such Cable Services separately without the necessity of purchasing non-Cable Services. D. Receivership and Foreclosure: 1. The Franchise granted hereunder shall at the option of the City, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of the Operator, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Agreement and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under the Franchise and/or this Agreement or provided a plan for the remedy of such defaults and violations which is satisfactory to CrrY, and (2) such receivers or trustees shall, within said one hundred twenty (120)days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise and this Agreement. 2. In the case of a foreclosure or other judicial sale of the Franchise property or any material part thereof, the City may give notice of termination of any Franchise granted pursuant to this Agreement upon the Operator and the successful bidder at such sale, in which the event the Franchise granted and all rights and privileges of the Operator hereunder shall cease and terminate thirty (30) days after such notice has been given, unless (1) the City shall have approved the transfer of the Franchise in accordance with the provisions of the Franchise and this 51 Agreement, and (2) such successful bidder shall have covenanted and agreed with the City to assumeand be bound by all terms and conditions of the Franchise. E. Franchise Renewal: Franchise renewal, if any there should be, shall be in accordance with Applicable Law and the Cable Ordinance. The City and the Operator, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. To the extent consistent with Applicable Law and the Ordinance, a reasonable non-refundable renewal application fee in an amount established by the City may be required to accompany any renewal application to the extent consistent with Applicable Law, provided that(1) the amount of such a fee shall be reasonably related to the City's cost incurred in handling the renewal request and negotiations and (2)the same fee shall be applicable to all similarly-situated franchises,provided that the Operator shall not be required to elect whether or not to renew the Franchise prior to a date which is more than thirty-six (36) months prior to the expiration date of the Franchise granted hereunder. F. Severability: If any provision of this Agreement is held by any Governmental Authority of competent jurisdiction, to be invalid or unenforceable as conflicting with any Applicable Law now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Law, such provision shall be considered a separate, distinct, and independent part of this Agreement, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict with such law, said provision shall thereupon return to full force and effect and shall thereafter be binding on the City and the Operator, provided that the City shall give the Operator thirty(30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for the Operator to comply with such provision. If the terms of this Agreement are materially altered due to changes in Applicable Law, then the parties shall negotiate in good faith to reconstitute this Agreement in a form that, to the maximum extent possible, is consistent with the original intent of Operator and the City and preserves the benefits bargained for by each party. Operator shall have no liability for any violation or non-compliance of any such invalid, unenforceable, repealed, amended or rescinded law or provision during any period of invalidity, unenforceability, repeal, amendment or rescission of the subject law. 52 G. Preemption: In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Agreement, then, subject to the City's right under subsection (M), the provision shall be read to be preempted to the extent and for the time,but only to the extent and for the time,required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City,provided that if reasonably necessary, Operator shall have a minimum of sixty (60) days in which to comply with the previously preempted provision. H. Compliance With Federal and State Laws: Both parties shall, at all times during the term of this Franchise Agreement, including any extensions thereof, comply with all applicable federal, state,and local laws and regulations. 1. Force Majeure: In the event the Operator's performance of any of the terms, conditions or obligations required by this Agreement or a Franchise granted hereunder is prevented by an unforeseeable cause or event not within the Operator's reasonable control, such inability to perform shall be deemed excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof provided the Operator has notified the City in writing within ten(10) business days of its discovery of the occurrence of such an event. The Operator shall not be excused from any violation of the terms, provisions and conditions of this Franchise, except for causes which are beyond the reasonable control of the Operator. In the event of any such force majeure occurrence, Operator shall perform to the maximum extent possible. Except as otherwise provided above, violations caused exclusively by acts or omissions by the City or its officers, agents or employees shall constitute an excuse and justification for failure of the Operator to comply with the terms, provisions and conditions of this Franchise, precluding a determination that the Operator is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the Operator from other unrelated violations, shield the Operator from a determination that it is in breach for such other unrelated violations, or bar any relief for damages or otherwise as a result of such other unrelated breach. Examples of circumstances beyond the control of the Operator which will excuse the Operator from violation and being in breach of the terms, provisions and conditions of this Franchise, when such violations are caused thereby, include the following: strifes, acts of public enemies; orders by military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil disturbances; explosions; partial or entire failure of utilities; delays in obtaining inspection by the City inspectors of more than one (1) business day (provided that the request for such inspection shall have been given by the Operator in a commercially reasonable manner within regular business hours of the City)and Acts of God. J. Notices: All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when delivered by the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or delivered by express mail or nationally 53 recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows: If to the City: CITY Manager CITY OF WALNUT CREEK 1660 N. Main Street Walnut Creek, CA 94596 If to the Operator: SEN INNOVATIONS, INC. Attention: President/CEO 15 South Fifth Street Suite 500 Minneapolis, MN 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. K. Time of Essence: hi determining whether a party has substantially complied with this Franchise Agreement,the parties agree that time is of the essence. L Captions and References: 1. The captions and headings of sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 2. When any provision of the Cable Ordinance is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the Cable Ordinance or City law that may also govern the particular matter in question. M.. Rights Reserved to the City: 1. In addition to any rights specifically reserved to the City by this Agreement, the City reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the Franchise. 2. The City shall have the right to waive any provision of the Franchise to be performed by Operator, except those required by Applicable Law, if the City, in its reasonable opinion, determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Operator or the Subscribers. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the Franchise unless the statement so recites. 54 3. Notwithstanding any other provision in this Agreement, nothing in this Agreement shall preclude the City from exercising its police powers to enact, amend or supplement any law or regulation governing cable communications within the City. N. Operator Bears Its Own Costs: Unless otherwise expressly provided in this Agreement, all acts that the Operator is required to perform must be performed at the Operator's own expense. O. City Bears Its Own Casts: Unless otherwise expressly provided in this Agreement, all acts that the City is required to perform must be performed at the City's own expense. P. Entire Agreement: This Agreement embodies the entire understanding and agreement of the City and the Operator with respect to the subject matter hereof and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the Operator with respect to the subject matter hereof, including, without limitation, any and all 'written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the City or the Operator. Q. Adequacy and Sufficiency of Consideration: The parties hereto expressly declare and agree that adequate and sufficient consideration has been provided for each and every promise, covenant, commitment and undertaking contained in this Agreement. R. Possessory Interest Taxation: The City hereby declares, pursuant to California Revenue & Taxation Code section 107.6, that as a result of this Agreement, a possessory interest subject to property taxation may be created and any such property interest may be subject to property taxation if it is created. The Operator, as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such an interest. S. Representations and Warranties of the Operator's Signatories: Each of the Persons executing this Agreement on behalf of the Operator do affirmatively represent and warrant as follows: 1. That this Agreement and the resulting contract constitute a valid and binding obligation, as to each and every term thereof, enforceable against the Operator in accordance with the terms thereof; 2. That the execution and delivery of this Agreement has been duly authorized and approved by the Board of Directors of the Operator; 3. That the persons who have executed this Agreement on behalf of the Operator are duly authorized to do so by all necessary action; and 4. That the execution and delivery of this Agreement does not violate any provision of the by-laws and/or Articles of incorporation of the Operator's corporation. 55 T. Jurisdiction of California Courts and Waiver of Diversity Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws rules or principles. In the event that suit is brought by any party, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Contra Costa, or, in the event of a "federal question" in the United States District Court for the Northern District of California. Moreover, the Operator expressly consents to service of process pursuant to California Code of Civil Procedure Section 416.10 at the office of Operator's registered agent for service of process as to any action arising under or purporting to rise under this Agreement and the Operator expressly declares and agrees that, for the purpose of any action arising under this Agreement and for no other purpose, its principal place of business shall be deemed to be within the State of California, and that it shall not assert otherwise in connection with any claim of"diversity of citizenship" under 28 U.S.C. Section 1441(b). U. Rights of Individuals: 1. The Operator shall not deny Cable Service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. The Operator shall comply at all times with all other Applicable Law, relating to nondiscrimination. 2. The Operator shall adhere to the applicable equal employment opportunity requirements of Applicable Law, as now written or as amended from time to time. 3. Neither the Operator, nor any Person, agency, or entity shall, without the Subscriber's consent, tap or arrange for the tapping of any cable; line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. 4. In the conduct of providing its Cable Services, the Operator shall take reasonable steps to prevent the invasion of a Subscriber's or general citizen's right of privacy or other personal rights through the use of the System as such rights are delineated or defined by Applicable Law. The Operator shall not, without lawful court order or other applicable valid legal authority, utilize the System's interactive two-way equipment or capability for unauthorized personal surveillance of any Subscriber or general citizen. 5. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year, which is renewable at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew the authorization. The authorization is revocable at 56 any time by the Subscriber without penalty of any kind. The permission must be required for each type or classification or Class IV Channel cable communications activity planned. a. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal including but not limited to the lists of the names and addresses of the Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any Person other than to the Operator and its employees for internal business use, or to the Subscriber who is the subject of that information, unless the Operator has received specific written authorization from the Subscriber to make the data available. b. Written permission from the Subscriber must not be required for conducting System wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to the provisions of this Agreement. 6. In the offering of its services, the Operator shall not discriminate between offerees, including without limitation in the use of discounts (except as otherwise expressly provided herein) and/or free or promotional packages based upon income levels and/or area of residence within the City. V. Ownership of the Operator: The Operator represents to the City that the names-of the shareholders, partners, members or 57 other equity owners of the Operator and of any of the shareholders, partners, members and/or other equity owners of the Operator as of the date of this Agreement are as set forth in Exhibit 2 hereto. AGREED TO THIS DAY OF ' 1999. CITY OF WALNUT CREED. SEREN INNOVATIONS,INC., a Minnesota corporation By: By: City Manager Title: APPROVED AS TO FORM: Assistant City Attorney 58 EXHIBIT 1 EXHIBIT 1. List of Facility Locations Address City/Sta 2. City Facilities gty Hall 1666 N. Main St. Walnut t A.Corporation Yard 511 Lawrence Way Walnut t Traffic Operations Buildin 490 Lawrence Blvd. Walnut t Re ional Center for the Arts 1601 Civic Dr. Walnut t RCA Ticket Office at Broadway Plaza Broadway P I—aza-1,W a In'ut ( Concierge Park Place 1395 Civic Dr. Walnut t Civic Park Community Center 1375 Civic Dr. Walnut t Civic Park Arts Education Facility 1375 Civic Dr. Walnut t Shadelands Arts Education Facility111 N. Wi et Walnut t Heather Farm Communit Center 301 N. San Carlos Dr. Walnut t Clarke Pool 1750 Heather Dr. Walnut t Larkey Park 2771 Buena Vista Ave Walnut t Boundary Oak Golf Course 3800 Valley Vista Rd. Walnut t W.C. Firearms Training facility/Emergency Operations Center 3820 Valley Vista Rd. Walnut( i ,Tice Valley Gym 2055 Tice Valley Blvd. Walnut t PEG Access Facility To be determined Future Corporation Yard Site Oak Grove Road (A)Walnut Creek Libraries • Walnut Creek Library 1644 N. Broadway Walnut t • Y nacio Valley Library 2661 Oak Grove Rd. Walnut t (B)Fire Stations • Rossmoor Station 1520 Rossmoor Pkwy. Walnut t • Station 4 700 Hawthorne Dr. Walnut t • Station 1 1330 Civic Dr. Walnut t • Station 7 1050 Walnut Ave. Walnut t (C)Public Schools "• Buena Vista Element4a 2355 San.Tuan Ave. Walnut t • Indian Valley Elementary 551 Marshall Dr. Walnut t • Murwood Elementary 2050 Vanderslice Ave. Walnut t • Parkmead Element 1920 Magnolia Way —Walnut • Walnut Heights Elementary 4064 Walnut Blvd. Walnut t • Walnut Creek Intermediate 2425 Walnut Blvd. Walnut t • Bancroft Element ar 2200 Parish Dr. Walnut t • Valle Verde Elementary3275 Peachwillow Ln. Walnut i • Walnut Acres Elementary 180 Cerezo Dr. Walnut( • Foothill Middle 2775 Cedro Ln. Walnut( • Northgate High 425 Castle Rock Rd. Walnut( • Ygnacio Valley High 755 Oak Grove Rd. Concord • Las Lomas High 1460 So. Main St. Walnut( All public and private institutions of post K-12 learning located within the City including: • Golden Gate University 801 Ygnacio Valley Rd. Walnut( • John F. Kennedy University—School of Law 547 Ygnacio Rd. Walnut( • John F. Kennedy University—School of Management 1250 Arroyo Way Walnut( • Acalanes Adult Education Facility 1963 Tice Valley Blvd. Walnut( (D)All City Traffic Signals ICU# Street Intersections I Ygnacio/Oakland 2 Ygnacio/California 3 Ygnacio/Main 4 IYgnacio/Broadway 5 Ygnacio/Civic 6 Y nacio/Walnut Blvd 7Ygnacio/Homestead 8 Ygnacio /Marchbanks/Tampico 9 Ygnacio/La Casa Via/Kinross 10 Ygnacio/John Muir 11 Y nacio/ San Carlos 12 Ygnacio,/Bancroft/Walnut Ave 13 Ygnacio/Wimbledon 14 Y nacio/Wi et 15 Ygnacio/Via Monte 16 Ygnacio/Oak Grove 17 Oak Grove/Citrus 18 Oak Grove/ Shadelands 19 Oak Grove/Peachwillow/Mitchell 20 Oak Grove/CC Canal 21 Main/California 22 California/Pringle 23 California/Lacassie 24 California/Trinity/Civic 25 California/Bonanza 2 26 California/Mt. Diablo 27 California/Olympic 28 California/Newell 29 Newell/S. Main 30 S. Main/Lilac 31 S. Main/Creekside 32 N. Main/Prin le 33 N. Main/Lacassie 34 N. Main/Civic 35 Civic/Broadwa 36 Civic/Locust 37 Locust/Bonanza 38 N. Main/Bonanza 39 N. Main/Cypress 40 Broadway/Cypress 41 Mt. Diablo/Bonanza 42 Mt. Diablo/Locust 43 Mt. Diablo/Main 44 Mt. Diablo/Broadwa 45 S. Main/Olympic 46 S. Main/Broadway Plaza 47 Newell/Broadway 48 Olympic I Alpine 49 N. Main/ Sunnyvale/I680 SB off 50 N. Main/Gear /"Treat 51 N. Main/ Second >.52 N. Main/San Luis 53 N. Main/I680 NB off 54 N. Main/Parkside 55 Mt. Diablo/Mt. Pisgah 56 S. Main/Botelho 57 Mt. Diablo/Boulevard W I Camino Diablo / SR24 off 58'' Mt. Diablo/Oakland 59California/Botelho 60 Broadway/Lincoln 61 Civic/Pine 62 Civic/Walden/Oak 63 Civic/Parkside 54 Parkside/Broadwa 65 Treat/Carriage 66 Treat/Bancroft 67 Treat/Candelero f8 Parkside/Lawrence on 3 69 Lawrence/Lawrence on 70 Lawrence/Corp Yard/1680 NB on 71 Oak/CC Trail 72 Mt. Diablo/Alpine 73 Bancroft/Pomar/Count wood 74 Bancroft/Minert/David 75 Bancroft/CC Trail 76 Bancroft/Banbur 77 78 79 Y natio/Lennon 80 Y natio/1680 on 81 Ge /Pleasant Hill/Camino Verde 82 Tice Valle /Rolling Hills 83 Tice Valle /Rossmoor 84 Gear /Putnam/Buena Vista 85 Walnut Ave/Blackstone 86 Walnut Ave/ Wi et 87 Olympic/1680 SB off/Paulson 88 South Main/Off Ramp 89 Olympic/1680 NB off 90 Olympic/Paulsen 4 EXHIBIT 2 LIMITED CABLE FRANCHISE AGREEMENT BETWEEN CONTRA COSTA COUNTY" CALIFORNIA AND SEREN INNOVATIONS, INC. April 2002 i TABLE OF CONTENTS Page I. DEFINITIONS ...................................................................................................... I A. Access Channel.......................................................................................................2 B. Affiliate...................................................................................................................2 C. Applicable Law.......................................................................................................2 D. Basic Cable Service.................................................................................................2 E. Cable Act.................................................................................................................2 F. Cable Ordinance......................................................................................................2 G. Cable Service...........................................................................................................2 H. Cable System or System..........................................................................................3 I. Channel....................................................................................................................3 IDwelling Unit..........................................................................................................3 K. Financial Interest ....................................................................................................3 L. Franchise.................................................................................................................4 M. Franchise Agreement or Agreement .......................................................................4 N. Franchise Area.........................................................................................................4 O. Cross Revenues.......................................................................................................4 P. Incumbent Operator.................................................................................................5 Q. Installation...............................................................................................................5 R. Institutional Network or I-Net.................................................................................5 S. Interconnect.............................................................................................................5 T. Operator...................................................................................................................5 L,. Person......................................................................................................................5 V. Public Facility ...................................................................... ...............................5 W. Public Rights-of-Way..............................................................................................6 X. Section.....................................................................................................................6 Y. Service Interruption.................................................................................................6 Z. Service Tier.............................................................................................................6 AA. State.........................................................................................................................6 BB. Subscriber................................................................................................................6 CC. Transfer...................................................................................................................6 II. GRANT OF AUTHORITY; LIMITS AND NERVATIONS.......................6 A. Grant of Authority...................................................................................................6 B. Area Served.............................................................................................................7 C. Term........................................................................................................................7 D. Grant Not Exclusive................................................................................................7 E. Franchise Agreement Subject to Other Laws..........................................................7 F. Franchise Agreement Subject to Exercise of Police Powers...................................7 G. Approval and Effective Date...................................................................................8 H. Effect of Acceptance...............................................................................................8 I. No Waiver...............................................................................................................9 r � J. Limitation 0DLixhUity.,.^,............................................................ ___,^,_._._,.9 _ K. Incorporation hwReference............................................................ ...................... .9 III. TRANSFERS....................................... ....... ...... ...... ......--.---.,--.....—.—..9 A. County Approval Required-.—.-.—__...—.~--..,—.—..—..^.—_--_--'..~..g BB �� . -/ County, .................................................................................... lI C ]raD8ƒeIee"8 Agreement...-_^.,_'—..--^...-.-..-^—...^,--_..---.—..-.. 1l Tl Approval DDtS Not Constitute Waiver.-..--,--'-..,^..—.--.----_--.,`.^ I E-. °u Processing Costs............................................................... .................... ll IV. CONSTRUCTION AND MAINTENANCE'---'---'—'--------.—. Il A. Construction Standards ......................................................................................... ll B. u .—.,..----...------_--.—,.---.,—.---...-...,~,.^- {3 C� Compliance with Construction Codes and Permitting Requirements.^.---..-- l4 Il Conditions 0IUse ofthe Public ................................................... 14 E. System Architectural Design Review Process...................................................... }8 F. Construction Segments..---.^—,-^.---'..—.-,^..-....--..~----~--.~.—. l8 G. Construction Manual............................................................................................. l9 H. Design Modifications.—..—.^,--,-.,'--..~.—.-----...- 19 LSystem Operation Test.......................................................................................... l9 J. Construction Deadlines......................................................................................... l9 K. Periodic Progress Reporting,__,,.,__,.___,....__,.~,,,_~,,_.,.__^._^,___20 L. System Tests and ...............................................................................20 MConstruction Work.............................................................2} N ��'�of -_=_ Ioopcoo0o----,.—.---...^~—.---.—..--.—~..----..—_-.~_..,,2] LL System Maintenance: .....................................—.,-^.—.-'—''''--'--.'-'~'^^'—~`^22 P. Standard Connections............................................................................................22 V. SYSTEM FACILITIES, EQUIPMENT AND SERVICES.............................22 A. System Requirements.-`..---.--^^.--.^--.—_-^...^.^.--_.~—...-..—._...-22 B. System Characteristics ...................... ...................................................................23 C. Periodic Review ....................................................................................................24 D. Equipment Compatibility.......................................................................................26 E. Types of Service...... .............................................................................................26 F. Offices ----.—,..~^—._-`.--^--...~-...^,—..---.---.,..~—.....—..^--.-..-26 G. Leased Access Channels .......................................................................................26 H. Interconnection.................................----.—.----..--^^-----.-.-. .............27 l Customer Service Monitoring ' ^—`--~'^~-''`^'`---''''--^--'-^--'--..-----27 J. Emergency Alert System.......................................................................................27 K. Home Wiring^_---..----.'—..-----~-----.-',-.—.-----...------ 27 L^ Uses of System............................ ..........................................................................27 MParental Control Lock............................................................................................27 M Open Platform for Internet Services......................................................................27 - _ 0. NOLiD-.Litati0DOfStreaming Video....................................... ................................28 VI. CHANNELS AND FACILITIES FOR PUBLIC, EDUCATIONAL AND GOVERNMENTALUSE...................................................................................2Q A. Access Channels....................................................................................................28 B. Periodic PEG Access Capital Payments ...............................................................30 ['. Lump Sum PEG Access Capital Payment............................................. ...............3l D. Cable Services UJCertain Facilities ......................................................................3l E. Institutional Network ..--.—....^_.,....-.,—.....--.-..-........_..32 F. Compliance with Federal Law..............................................................................34 G. Additional Payments, Contributions, Support Not Franchise Fees.......................l4 V]I, FRANCHISE FEE ..............................................................................................35 A. Payment to the County,—..^..,.—,_..^^—.`~^^''--~`'^--``~`~—^^^^'--^^^^^—'35 B. Computation._...__.,..._.__._.___._.___._.__....__..____.^.___.35 C. Supporting Information.........................................................................................35 D. NoAccord ozSatisfaction........................................ ............................................35 E. Interest................................................................................................................^,35 fz N0Limitation 0D Taxing Authority:.....................................................................36 VIII. RATE REGULATION.______.._________..__..____.._..__._.._36 A. All Rights Reserved: .............................................................................................36 B. Geographic Uniformity.........................................................................................36 C. Senior Citizen Discount........................................................................................36 I2& AND INDEMNIFICATION.,--.--.-.—.--.--'37 A. luaur4000 Required..,.....~--.—....,.--.~^._.....~........--.-.'~^---.,37 B. Minimum Scope OfInsurance.............................^.................................................37 C. Minimum Limits 0f Insurance...............................................................................37 D. Deductibles and Self-Insured Retentions..............................................................38 E. Other Insurance Provisions...................................................................................38 F. Acceptability OfInsurers.......................................................................................3g G. Verification of Coverage...,—.^.^--,..^'.—^---^''--^'---`^'—'~`^`--~'~—`39 H. Failure Constitutes Material Violation..^~.,—.^--.'.-..-._^^^—,`~^.-._..-,...^..39 1. Indemnification^^'~—`'^^^`^^^—^^^—^^^'-''~^^—'`^'^'—~~—'`^~^^^-^^^-',...._..34 J. NoLimit 0f Liability-..-.^.._..^--...-_...-.--^^-.,...---...--'.^.'^^--...^,..40 X. PERFORMANCE GUARANTEES AND REMEDIES -...-.-...----.--,40 A. Performance Bond.................................................................................................4O B. Security Fund........................................................................................................4I C. Rights Cumulative..................................................................... ...........................42 - D. Letter of Credit Procedures...................................................................................42 E. Failure Constitutes Material Violation..................................................................43 F. Remedies...............................................................................................................43 C. Liquidated Damages..............................................................................................43 H. shortening, Revocation, or Termination of Franchise..........................................45 XI. REPORTING AND REVIEW ...........................................................................45 A. Records Required and the County's Right to Inspect...........................................45 B. Annual Reports......................................................................................................45 C. Reports Available for Inspection...........................................................................47 D. Operator's Expense...............................................................................................47 XII. RIGHT TO PURCHASE....................................................................................47 A. The County's Right to Purchase System...............................................................47 B. Purchase by the County Upon Expiration or Revocation .....................................47 C. Abandonment or Removal of Equipment..............................................................47 D. Extended Operation and Continuity of Service.....................................................48 XIII. MISCELLANEOUS PROVISIONS..................................................................48 A. Conflict with and Amendment of Ordinance........................................................48 B. No Discrimination.................................................................................................49 C. Unbundling............................................................................................................49 D. Receivership and Foreclosure...............................................................................49 E. Franchise Renewal ..............................:.................................................................49 F. Severability............................................................................................................50 O. Preemption ............................................................................................................50 H. Compliance with Federal and State Laws.............................................................50 I. Force Majeure .......................................................................................................50 J. Notices...................................................................................................................51 K. Time of Essence; Maintenance of Records of Essence.........................................51 L. Captions and References.......................................................................................52 M. Rights Reserved to the County..............................................................................52 N. Operator Bears Its Own Costs...............................................................................52 O. County Bears Its Own Costs.................................................................................52 P. Entire Agreement..................................................................................................52 Q. Adequacy and Sufficiency of Consideration.........................................................52 R. Possessory Interest Taxation.................................................................................53 S. Representations and Warranties of the Operator's Signatories.............................53 T. Jurisdiction of California Courts and Waiver of Diversity Jurisdiction................53 U. Rights of Individuals.............................................................................................53 V. Ownership of the Operator....................................................................................54 N LIMITED CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN CONTRA COSTA COUNTY, CALIFORNIA AND SEREN INNOVATIONS,INC. THIS LIMITED CABLE FRANCHISE AGREEMENT (the "Franchise Agreement") is entered into by and between Contra Costa County, California ("County"), and Seren Innovations, Inc., a Minnesota corporation ("Operator"). WHEREAS, Operator has applied to the County for a nonexclusive franchise to construct, install, maintain and operate a cable communications system. in a limited and defined area of the County; and WHEREAS, the construction, installation, maintenance and operation of such a system involves the occupation of and placement of private commercial facilities in the Public Rights- of-Way within the Franchise Area; and WHEREAS, the County has considered the financial, technical and legal qualifications of Operator, and has determined whether Operator's plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, the County has relied on Operator's representations regarding its financial, technical and legal qualifications and its plans for constructing, operating, and maintaining its Cable System, and has considered the information that Operator has presented to it; and WHEREAS, based on Operator's representations and information, and in response to its request for a cable television franchise, the County has determined that, subject to the provisions of the Contra Costa County Ordinance Code, as amended in Division 58, known as the Contra Costa County Cable Television Ordinance (the "Cable Ordinance" or "Ordinance"), and the terms and conditions set forth herein, the grant of a nonexclusive franchise on the terms and conditions herein and subject to applicable law, is consistent with the public interest; and WHEREAS, the County and Operator have reached agreement on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the County's grant of the Operator's franchise; Operator's promise to provide Cable Service to residents of the County pursuant to and consistent with the Cable Ordinance; the terms and conditions set forth herein, the promises and undertakings herein, and other good and valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the signatories do hereby agree as follows: I. DEFINITIONS For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. All capitalized terms used in the definition of any other term 1 shall have their meaning as otherwise defined in this Section. The words "shall and "will" are mandatory and "Tray" is permissive. Words not defined shall be given their common and ordinary meaning. A. Access Channel: Any Channel on the Cable System set aside under this Agreement for public, educational or governmental use. B. Affiliate: Any subsidiary of the Operator, any parent of the Operator, any Person in which the Operator has a Financial Interest of twenty percent (20%) or more, and any Person who is directly or indirectly under common control with the Operator, including, but not limited to, any Person which has a Financial Interest of twenty percent (20%) or more in the Operator and any Person in which a Person, also having a Financial Interest of twenty percent (20%) or more in the Operator, has a Financial Interest of twenty percent (20%) or more, provided that the foregoing shall not include any Person who is an electric company and who is not involved in the operation or management of the Cable System other than as a shareholder. C. Applicable Law: Any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable to the County by any governmental authority. D. Basic Cable Service: Any Service Tier that includes the retransmission of local television broadcast signals and all PEG Channels. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. 543(b)(7). E. Cable Act: The Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984) (codified at 47 U.S.C. 521-611(1982 & Supp. V 1987)) as amended by the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385 and the Telecommunications Act of 1996, Pub, L No. 104-458 and as the same may, from time to time, be amended. F. Cable Ordinance: The County Cable Ordinance, as it may be amended from time to time. G. Cable Service: (1) The one-way transmission to Subscribers of (i) video programming, or (ii) other programing service; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. The parties agree that any Internet access or Internet service provided over the Cable System ("Internet Services") is, as of the Effective Date, included in this definition. However, if any (i) subsequent enactment of Federal or State statutory law, (ii) final Federal Communications Commission order or regulation which is not in the process of being challenged in court, or (iii) judicial decision of a State or Federal appellate court, which is applicable to the County, determines that such Internet Services are not a. Cable Service and is retroactive in application, then such Internet Services shall be excluded from this definition, provided however, if such enactment, order or decision does not state whether it is retroactive, then either party may seek a judicial determination as to the retroactive applicability of the same. 2 H. Cable System or System: The facility proposed to be built by the Operator, which shall consist of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming, and which is provided to multiple subscribers within the Franchise Area, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves Subscribers without using any public right-of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47 U.S.C. §§ 201-226, except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interaction or on-demand services under federal law; (D) an open video system that complies with 47 U.S.C. § 573; or (E) any facilities of any electric utility used solely for operating its electric utility system. 1. Channel: A six Megahertz (MHz) frequency band, which is suitable for carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals. J. Dwelling Unit: Residential living units as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and including single family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple family residential units. K. Financial Interest: Includes without limitation: 1. Any form of equity ownership interest, which is either (a) direct or (b) indirect through another form of Person; 2. Any form of contingent or optional ownership interest; 3. Any contract in which the Operator or any Affiliate thereof is to receive a percentage of the gross revenues and/or a percentage of the net income of the other party to the transaction by reason of the activities encompassed by said contract; 4. Any debt relationship in which the Operator as debtor borrows funds at a rate more advantageous than that generally available to similarly situated entities of similar creditworthiness; 5. Any debt relationship in which the Operator as creditor receives a rate of interest exceeding that which would otherwise be paid by a similarly situated debtor of similar creditworthiness; 6. Any option or warrant to purchase the stock or other equity interest in any Person which is related to a Person which generates revenues arising from or attributable to the operation of the Cable System; and 3 7. Any debt relationship vrhich has conversion privileges to a form of equity of the nature described in the preceding subsection. L. Franchise: The franchise granted pursuant to this Agreement. M. Franchise Agreement or Agreement: This contract and any amendments, exhibits or appendices hereto. N. Franchise Area: The territorial confines of that limited part of the unincorporated area of the County described on maps of unincorporated Concord and Walnut Creek attached as Exhibit A. O. Gross Revenues: All revenue derived directly or indirectly by the Operator, or any Affiliate of the Operator, arising from or attributable to, the operation of the Cable System to provide Cable Service. Gross Revenues shall include,but shall not be limited to: 1. Revenue from (i) payments for service, equipment, late fees, franchise fees and other charges, including without limitation all payments directly or indirectly from Subscribers; (ii) advertising carried on the Cable System or in subscriber bills; and (iii)programmers or others relating to transmissions carried on the Cable System, including but not limited to payments to carry programming and home shopping revenues. 2. All revenue directly or indirectly attributable to the Operator which is received by any Affiliate, whether or not such revenue is actually received by the Operator. a. Revenue which is not actually received by the Operator or an Affiliate thereof reflecting the value of services bartered or exchanged for non-monetary consideration. 4. Revenues derived from the provision by the Operator or any Affiliate thereof of Internet access, cable modems and/or other Internet-related services, including without limitation bandwidth leased to unaffiliated Internet service providers. Notwithstanding the foregoing, if any (i) subsequent enactment of Federal or State statutory law, (ii) final Federal Communications Commission order or regulation which is not in the process of being challenged in court, or (iii) judicial decision of a State or Federal appellate court, which is applicable to the County, determines either that Internet Services are not a Cable Service or that the revenues specified in this subsection (4) should not be included in the definition of Gross Revenues and is retroactive in application, then such revenues shall be excluded from Gross Revenues, provided however, if such enactment, order or decision does not state whether it is retroactive, then either party may seek a judicial determination as to the retroactive applicability of the same. Further, notwithstanding Applicable Law, the revenues specified in this subsection (4) shall immediately be excluded from Gross Revenues in the event and to the extent that the County permits such revenues to be excluded from the calculation of Gross Revenues for Franchise Fee purposes by any other cable operator which is operating a cable system in the County. 5. Revenue from any activity, product or service which generates revenue of any type whatsoever and which is offered to users by means of the Cable System, to the extent such 4 revenue arises from or is attributable to the operation of the Cable System to provide Cable Service. 6. Revenue from any activity, product, or service in the, production or provision of which any of the assets of the Cable System, including without limitation cable, computers, servers, production facilities and administrative facilities, are utilized, unless such revenue is expressly excluded from Cross Revenues by Applicable Law. Gross Revenues shall not include (i) the amount of any tax, fee or other assessment imposed by law upon Subscribers or others which the Operator is obligated to collect and pass on in full to the applicable taxing authority nor (ii) the amount of Periodic Access Capital Payments as defined herein. A franchise fee is not such a tax, fee or other assessment. Moreover,revenues of both the Operator and any Affiliate which represent a transfer of funds between them shall be counted only once for purposes of determining Gross Revenues. Refunds of revenues previously received and accounted which are paid to Subscribers shall reduce Gross Revenues by the amount of the refunds received during the reporting period in which such refunds are made. P. Incumbent Operator: AT&T Broadband or such successors or affiliates thereof that are parties to any renewal of the existing franchises. Q. Installation: The connection of the System from the tap to the point of connectivity to a Subscriber's terminal for the provision of Cable Service. R. Institutional Network or I-Net. A communications system, whether physically integrated with a cable system or not, that is constructed, operated or maintained by the Operator, whose transmissions are principally available to persons other than cable television subscribers (i.e. governtnent agencies and affiliated non-profits, and educational institutions). The Institutional Network includes all equipment required to make the capacity available including but not limited to fiber, coaxial cable, switching, patching, electronic transmitting, receiving, and signal conversion necessary for effective use of the I-Net. S. Interconnect: The provision by the Operator of technical, engineering, physical, financial, and all other necessary components to accomplish, complete, and adequately maintain a physical linking of the Operator's Cable System and Cable Services or any designated Channel or signal pathway thereof, with any other designated cable system or programmer so that Cable Services of technically adequate quality may be sent to and received from such other systems. T. Operator: Seren Innovations, Inc., a Minnesota corporation, and its lawful and permitted successors, assigns, and transferees. U. Person: Any individual or any association, firm, general partnership, limited partnership, joint stock company, joint venture, trust, corporation, limited liability company or other legally recognized entity, private or public, whether for-profit or not-for-profit. V. Public Facility: A fire station, public educational facility, police station, public library, and County department or agency within the Franchise Area which is listed on Exhibit B. 5 W. Public Rights-of-Way: The surface of and the space above and below and from right- of-way line to right-of-way line in each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the Franchise Area limits: streets, roadways, highways, avenues, paths, lanes, alleys, sidewalks, boulevards, easements, rights-of--way, and similar public property and areas that the County shall permit to be included within the definition of Street from time to time. X. Section: Any Section, subsection or provision of this Agreement. V. Service Interruption: The loss of picture or sound on one or more Cable Channels for more than sixty(60) seconds. Z. Service Tier: A category of Cable Service or other services provided by the Operator and for which a separate rate is charged by the Operator. AA. State: The State of California. BB. Subscriber: Any Person who or which lawfully elects to become a recipient of Cable Service provided by the Operator by means of or in connection with the Cable System whether or not a fee is paid for such service. CC. Transfer: Any transaction in which (i) an ownership or other interest in the Operator, its Cable System, or any Person that is an operator of the Cable System is transferred from one Person or group of Persons to another Person or group of Persons so that control of the Operator is transferred; or (ii) the Franchise or the rights and obligations held by the Operator under the Franchise are transferred or assigned to another Person or group of Persons. The term "control," as used in this definition, means worming control, in whatever manner exercised. By way of illustration, and not limitation, the addition, deletion or other change of any general partner of the Operator, or a cable operator of the Cable System is such a change of control. For purposes of this Section, an initial public offering of the Operator's common stock pursuant to a Registration Statement filed with the United States Securities and Exchange Commission on Form S-1 shall not be deemed a "change of control," provided that this exception shall not apply if any one Person shall directly acquire twenty percent (20%) or more of the outstanding stock of the Operator directly through such an offering. T.I. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS A. Grant of Authority: Subject to the terms and conditions of this Agreement and the Cable Ordinance, the County hereby grants the Operator the right to own, install, construct, reconstruct, operate, maintain, dismantle, test, upgrade, repair, use and remove a Cable System along, under, over, above, through or across or in any manner connected with the Public Rights- of-Way within the Franchise Area, for the sole purpose of providing Cable Service. This Franchise shall grant no authority for the Operator to use the County's Public Rights-of-Way for any purposes other than the provision of Cable Service, except to the extent other services may be provided pursuant to section Vl(E). No reference herein to a Public Right-of-Way shall be 6 deemed to be a representation or guarantee by the County that its interest or other right to control the use of such property is sufficient to permit the Operator's use for specific purposes, and the Operator shall be deemed to gain only those rights to use that are within the County's power to convey. No privilege or power of eminent domain is bestowed by this grant or by this Agreement. B. Area Served: 1. The Franchise is granted for the Franchise Area defined herein. The Operator shall extend its Cable System to provide service to any residence in the County upon request, in accordance with the terms of the Cable Ordinance and this Agreement. 2. The Operator shall design, construct and maintain the Cable Television System to pass every Dwelling Unit in the Franchise Area, provided that the Operator may apply to the County for a low-density exception for any specific mile of street within the Service Area, which has less than thirty-six (36) Dwelling Units fronting thereupon, measured from the closest point of connectivity to the Operator's System, provided that the Operator's Cable System shall be designed to reach the maximum possible number of Dwelling Units and to minimize the existence of any low-density exception with the County. The Operator shall be responsible for providing sufficient information to the County to establish the existence of the low-density exception and to establish that the System's architecture is such as to minimize the occurrence of such low-density exceptions. The Operator shall bear the burden of proof as to both elements. C. 'Term: The Franchise and this Franchise Agreement shall extend for a term of fifteen years, commencing on the date accepted below by the Operator, unless the Franchise is earlier revoked or its term shortened as provided herein or in the Cable Ordinance, or unless the Franchise is renewed or extended by mutual agreement. D. Grant Not Exclusive: The Franchise granted under this Agreement shall be nonexclusive. The County specifically reserves the right to grant, at any time, such additional Franchises for a Cable System or any component thereof, as it deems appropriate, subject to Applicable Law. The County also specifically reserves the right to operate a municipal Cable System, or any portion thereof, pursuant to Applicable Law and shall not be required to grant a Franchise to the County for the operation of a municipal Cable System unless specifically required by Applicable Law. F. Franchise Agreement Subject to Other Laws: This Franchise Agreement is subject to and shall be governed by all applicable provisions of federal, state, and local law. F. Franchise Agreement Subject to Exercise of Police Powers: All rights and privileges granted herein are subject to the constitutional police powers of the County and its rights under Applicable Law to exercise its governmental powers to their full extent and to regulate the Operator and the construction, operation and maintenance of the Operator's Cable System, including, but not limited to, the right to adopt and enforce additional ordinances and regulations as the County shall find necessary in the exercise of its police powers, the right to adopt and enforce applicable zoning, building, permitting and safety ordinances and regulations, the right 7 to adopt and enforce ordinances and regulations relating to equal employment opportunities, and the right to adopt and enforce , ordinances and regulations containing right-of-way, telecommunications, utility and cable television consumer protection and service standards, and rate regulation provisions. The Operator expressly acknowledges that the County has begun proceedings related to the renewal of the Incumbent Operator's franchise, and that in the course of those proceedings, the County may choose to amend the Cable Ordinance. O. Approval and Effective Date: The grant of the Franchise provided for in this Agreement shall be effective on the date stated on the signature page (the ".Effective Date"), provided that, prior to or upon the date of the County's approval of and authorization of execution of this Agreement, the Operator shall theretofore have fully executed this Agreement and submitted to the County all required submissions required hereby, including without limitation, the Security Fund and insurance certificates provided for in this Agreement. H. Effect of Acceptance: By accepting the Franchise and executing this Franchise Agreement, the Operator; 1. accepts and agrees to comply with each provision of the Cable Ordinance and this Agreement; 2. acknowledges and accepts the County's legal right to grant the Franchise, to enter this Franchise Agreement, and to enact and enforce ordinances and regulations related to the Franchise; 3. agrees that the Franchise was granted pursuant to processes and procedures consistent with Applicable Law, and that it shall not raise any claim to the contrary, or allege in any claim or proceeding by the Operator against the County that any provision, condition or term of the Cable Ordinance or this Agreement at the time of the acceptance of the Franchise was unreasonable or arbitrary, or that at the time of the acceptance of the Franchise any such provision, condition or term was void or that the County had no power or authority to make or enforce any such provision, condition or term; 4. agrees that the County retains the absolute right to terminate this Agreement in accordance with Section X(H) for any material violation by the Operator of any substantive provision of the Cable Ordinance or any term or condition hereof, which violation has not (i) been substantially corrected by Operator within sixty days of receiving written notice from the County of such violation, or (ii) in the case of a violation which reasonably requires more than sixty days to correct, Operator has undertaken substantive corrective action within sixty days of receiving written notice from the County of such violation and subsequently completes any necessary corrective action in a timely manner. S. agrees that it will not oppose intervention by the County in any proceeding affecting the Operator's Cable System within the Franchise Area; and 8 6. agrees that, as further provided in Section VI, the casts to the Operator associated with the provision of support for public, educational and governmental access and the Institutional Network as expressly described in this Franchise Agreement do not constitute franchise fee payments within the meaning of 47 U.S.C. § 542, and fall within one or more of the exceptions to 47 U.S.C. § 542. I. No Waiver: I. The failure of the County on one or more occasions to exercise; a right or to require compliance or performance under this Franchise Agreement, the Cable Ordinance, or any ether applicable lav shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the County, nor to excuse the Operator from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 2. Waiver of a breach of this Agreement shall not be a waiver of any other breach, whether similar to or different from that waived. Neither the granting of the Franchise, nor any provision herein, nor any action by the County hereunder shall constitute a waiver of or a bar to the exercise of any governmental right or power of the County, including without limitation of the right of eminent domain. J, Limitation on Liability: In any court proceeding involving any claim against the County or other governmental entity, or any official, member, employee, or agent of the County, arising from the regulation. of Cable Service or from a decision of approval or disapproval with respect to a grant, renewal, transfer, or amendment of the Franchise, any relief, to the extent such relief is required by any other provision of federal, state, or local law, shall be limited to injunctive relief and declaratory relief. The Operator shall not apply for any waivers, exceptions, or declaratory rulings from the FCC or any other federal or state regulatory agency affecting the System or the Franchise without written notice to the County K. Incorporation by .Reference: Subject to Section XIH(A), the Cable Ordinance shall be incorporated in and made a part of this Agreement as if fully set forth herein. 1111. TRANSYERS A. County Approval Required: No Transfer shall occur unless prier application is made by the Operator to the County and the County's prior written consent is obtained, pursuant to this Agreement and the Cable Ordinance, and only then upon such terms and conditions as the County deems necessary and proper. This shall not be deemed to be a waiver of any right of Operator to challenge any such condition imposed by the County. Any such Transfer without the prior written consent of the County shall be considered to impair the County's assurance of due performance, and shall be invalid. The granting of approval for a Transfer in one instance shall not reader unnecessary approval of any subsequent Transfer. Notwithstanding anything contained in this Agreement, the Operator warrants that, as of the Effective Date, Xcel Energy Communications Group Inc., is the sale shareholder of Operator. 9 1. Application. (a) The Operator shall promptly notify the County of any proposed Transfer. If any Transfer should take place without prior notice to the County, the Operator shall promptly notify the County that such a Transfer has occurred. At least one hundred-twenty (120) calendar days prior to the contemplated effective date of a Transfer, the Operator shall submit to the County an application for approval of the Transfer. Such an application shall provide complete information on the proposed transaction, including details of the legal, financial, technical, and other qualifications of the new controlling entity or transferee, and on the potential impact of the Transfer on Subscriber rates and service. At a minimum, the following information shall be included in the application, provided that, the Operator is not required to duplicate information that it submits to the County to comply with its obligations under federal or State law. i. all information and firms required under federal law or the equivalent of such forms if no longer required by federal law; ii. all information required by the Ordinance; iii. any contracts or other documents that relate to the proposed transaction, and all documents, schedules, exhibits, or the like referred to therein; iv. any shareholder reports or filings with the Securities and Exchange Commission that discuss the transaction; V. other information necessary to provide a complete and accurate understanding of the financial position of the Cable System before and after the proposed Transfer; vi. complete information regarding any potential impact of the Transfer on Subscriber rates and service; and vii. a brief summary of the proposed controlling entity's or transferee's plans for at least the next five (S) years regarding line extension, plant and equipment upgrades, channel capacity, expansion or elimination of services, and any other changes affecting or enhancing the performance of the Cable System.. The County shall endeavor to notify Operator of any insufficiency in the information provided within thirty (30) days after receipt thereof. For the purposes of determining whether it shall consent to a Transfer, the County or its agents may inquire into all qualifications of the prospective controlling entity or transferee and such other matters as the County may deem necessary to determine whether the Transfer is in the public interest and should be approved, denied, or conditioned as provided under the Ordinance. The Operator and any prospective controlling entities or transferees shall assist the County in any such inquiry in any reasonable manner, and if they fail to do so, the request for approval of the Transfer,may be denied. The County shall have one hundred-twenty 120 days from Operator's submittal of a complete application to act upon the application for a transfer. 10 B. Determination by County: In making a determination: as to whether to grant, deny, or grant subject to conditions, an application for a Transfer, the County may consider, without limitation, the legal, financial, and technical qualifications of the proposed controlling entity or transferee to operate the Cable System; the proposed purchase price and consideration to be paid for the Franchise; any potential effects of the Transfer on Subscriber rates or services; whether the Operator is in compliance with this Agreement and the Ordinance, and, if not, the proposed controlling entity transferee's commitment to cure such noncompliance; whether the proposed controlling entity or transferee owns or controls any other Cable System in the County, and whether operation by such Person may eliminate or reduce competition in the delivery of Cable Service in the County; and whether operation by the proposed controlling entity or transferee or approval of the Transfer would adversely affect Subscribers, the public, or the County's interest under this Agreement, the Ordinance„ or other Applicable Law. C. t'ransferee's Agreement: No application for a Transfer of the Franchise shall be granted unless the proposed controlling entity or transferee agrees in writing that it will abide by and accept all terms of this Agreement and the Cable Ordinance and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous Operator under this Agreement and the Ordinance, for all purposes, including renewal. D. Approval Does Not Constitute Waiver: Approval by the County of a Transfer does not constitute a waiver or release of any of the rights of the County under this Agreement or the Cable Ordinance, whether arising before or after the date of the Transfer. E. County's Processing Casts: If the Operator initiates a request for approval regarding a Transfer, the Operator shall reimburse the County for all reasonable out-of-pocket costs, including attorneys' and consultants' fees and costs, incurred by the County in connection with the County's review and processing of the Operator 's request. Nothing in the foregoing shall entitle the Operator to have any role in the selection of the County's consultants and, in order to protect the attorney-client and work product privileges, the County may delete from billings for attorneys and consultants retained by attorneys any detailed description of services performed. Payments of such costs and expenses shall not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 L.S.C. §542), and such payments shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fee to be paid to the County by the Operator pursuant to this Agreement or (ii) part of the Franchise Fees to be paid to the County by the Operator pursuant to this Agreement to the extent required by Applicable Law. IV. CONSTRUCTION ANIS MAINTENANCE A. Construction Standards: 1. The construction., operation, maintenance, and repair of the System shall be in accordance in all material: respects with all applicable sections of the Occupational Safety and Health Act of 1970, as amended; the National Electrical Safety Code and National.Electric Code; Obstruction Marking and Lighting, AC 7017460 i.e., Federal Aviation Administration; Construction, Marking and Lighting of Antenna Structures, Federal Communications 11 Commission Rules Part 17; the Cable Ordinance; Applicant's Construction Procedures Manual; .and other applicable federal, state, or local laws and regulations, all as hereafter may be amended or adapted. In the event of a conflict among codes and standards, accepted cable industry practices shall control (except insofar as such practices, if followed, would result in a Cable System that could not meet express requirements of federal, state or local law, or in instances in which such practices are expressly preempted by other standards). Consistent with the foregoing, the County may ensure that work continues to be performed in an orderly and workmanlike manner, reflecting any changes that may occur over the Franchise term. 2. To the extent permitted by Applicable Law, the County reserves the right to adopt and impose such technical and other standards as it may deem necessary or appropriate, after notice to Operator and opportunity for Operator to participate. It is acknowledged, however, that 47 C.F.R. 76.605 currently preempts County authority. 3. All installation of electronic equipment shall be of a permanent nature, using durable components. 4. Without limiting the foregoing, antennae and their supporting structures (towers) shall be designed in accordance with the Uniform Building Code as amended, and shall be painted, lighted, erected, and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, state or local laws,codes, and regulations, all as hereafter may be amended or adopted. 5. The Operator shall maintain all wires, conduits, cables, and other real and personal property and facilities comprising Operator's Cable System in good condition, order and repair. Consistent with subsection N(a)(1) above, all safety practices required by law shall be used during construction, maintenance, and repairof Operator's Cable System. The Operator shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and accidents. 6. In the event of a failure by the Operator to complete any work required for the protection or restoration of the Public Rights-of�-Way, or any other work required by County law or ordinance, within the time specified by and to the reasonable satisfaction of the County, the County, following notice and an opportunity to cure, may cause such work to be done, and the County shall submit an itemized list of such costs to Operator as well as any materials reasonably requested by Operator to verify such costs. Following the Operator's receipt of such itemized list and supporting materials, the Operator shall reimburse the County the costs thereof within thirty days, or the County may recover such costs through the letter of credit provided by Operator. 7. In the event of an emergency, or where the Operator's Cable System creates or is contributing to an imminent danger to health, safety, or property, or an unauthorized use of property, the Operator shall remove or relocate any or all parts of Operator's Cable System at the request of the County. If the Operator fails to comply with the County's request, the County may remove or relocate any or all parts of the Operator's Cable System, upon reasonable notice to Operator. If Operator's compliance with the County's request pursuant to this subsection 12 results in the breach of any of Operator's obligations under this Agreement, and Operator has so notified the County before complying with the County's request, Operator shall not be liable for its failure to satisfy such obligations. 8. Any and all public Rights-of-Way, public property, or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance, or construction of a System shall be repaired, replaced and restored, in a good workmanlike, timely manner, to substantially the same condition as immediately prior to the disturbance (including appropriate landscape restoration). All repairs, replacements and restoration shall be undertaken within no more than thirty(30) days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. The Operator shall guarantee and maintain such repairs, replacements and restoration for at least one year against defective materials or workmanship. 9. Any contractor or subcontractor used for work or construction, installation, operation, maintenance, or repair of System equipment must be properly licensed under laws of the State of California and all applicable local ordinances, where applicable, and each contractor or subcontractor shall have the same obligations with respect to its work as the Operator would have if,the work were performed by the Operator. The Operator will tape reasonable measures to require that contractors, subcontractors and all employees who will perform work for it are trained, and experienced. The. Operator shall be responsible for ensuring that the work of contractors and subcontractors is performed consistent with this Agreement and Applicable Law, shall be fully responsible for all acts or omissions of contractors or subcontractors, shall be responsible for promptly correcting acts or omissions by any contractor or subcontractor, and shall implement a quality control program to ensure that the work is properly performed. 10. The County does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures. B. Undergrounding: 1. In those areas of the County where transmission or distribution facilities of all the public utilities providing telephone and electric power service are underground, the Operator likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. In those areas of the County where transmission or distribution facilities of all the public utilities providing telephone and electric power service are aerial, the Operator shall likewise construct, operate and maintain its transmission and distribution facilities therein on an aerial basis, unless otherwise agreed to by the County. . In those areas of the County where the Operator's cables are located on the above- ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, the Operator shall similarly and simultaneously construct, operate and maintain its transmission and distribution facilities underground, at the Operator's cost. 3. In those areas of the County where transmission or distribution facilities of the Cable System are other than aerial (and therefore not pole-mounted), all passive electronic 13 facilities, including without limitation all tap pedestals, shall be underground, provided that where the Operator demonstrates to the reasonable satisfaction of the County that, by reason of peculiar underground conditions in a given area of the County, the passive electronic facilities cannot be feasibly maintained in below-ground structures, the Operator may then place such passive electronic facilities in above-ground enclosures. However, the County specifically reserves all of its rights to approve, in accordance with this Agreement, all above-ground and/or underground locations for all such equipment subject to Applicable Law. The Operator shall, at installation and throughout the term of the Franchise, install and maintain all .mitigation measures required in the Mitigated Negative Declaration dated related to the Cable System adopted by the County for all such above-ground equipment installations. C. Compliance with Construction Codes and Permitting Requirements: 1. The Operator shall obtain all necessary permits from the County before commencing any construction, repair, upgrade or extension of the System, including the opening or disturbance of any Public Rights-of-Way, on private or public property within the County. It is understood that the Operator's obligation to obtain permits includes the obligation to pay all reasonable and customary time and .material costs (such as county staff and consultant costs) associated with such permits. The Operator shall adhere to all state and local laws and building and zoning codes currently or hereafter applicable to construction, operation, or maintenance of the System in the County and give due consideration at all times to the aesthetics of the property. 2. The County shall, at all times, have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise and to make such tests at its own expense with the exception of compaction testing of trench and road fill material, the cost of which shall be paid by the Operator. The County shall inspect as it shall find necessary to ensure compliance with the terms of the Franchise and applicable provisions of local, state and federal law in such a manner so as to minimize disruption of service to Subscribers. D. Conditions on Use v,f the Public Rights-of-Way: 1. Any and all Public Rights-of=-Way or public property or private property, which are disturbed or damaged during the construction, repair, replacement, relocation, operation, or reconstruction of the System shall be promptly and fully restored by the Operator, at its expense, to a condition as good as that prevailing prior to the Operators work, in accordance with the County's normal restoration procedures and standards regarding Public Rights-of-Way and other public property In so doing, the Operator shall comply with all directions of the County, including without limitation direction to utilize directional boring in lieu of trenching. /Moreover, the Operator shall use its best efforts to reduce, through coordination with the County, its trench cuts of the Public Rights-of-Way by coordinating such intrusions with other users, franchisees, licensees and occupants of the Streets so as to minimize the trench cuts and resulting pavement degradations in the Public Rights-of-Way. It is a violation of this Franchise for the Operator to leave coaxial cable unburied on the ground for more than the shortest, temporary period required to bury it and in no event, overnight. Fiber cable may be left unburied for a maximum of two (2) days so long as it is identified and protected in a manner approved by the County. If the Operator shall fail to promptly perform the restoration required herein after 14 written notice and an opportunity to cure, the County shall have the right to put the Public Rights-of-Way, public, or private property back into a condition as good as that prevailing prier to the Operator 's work and the County shall obtain reimbursement for such restoration from the Operator. The County may deduct the Operator's payment due from the Security Fund, if it shall remain unpaid fifteen (15) days after presentation for payment. Nothing contained in this Agreement shall excuse or relieve the Operator from compliance with any street cut ordinance of general application which the County should hereafter enact. 2. Nothing in this Franchise shall be construed to prevent the County from constructing, maintaining, repairing or relocating sanitary sewers and/or storm drains; grading, paving, maintaining, repairing, relocating and/or altering any Public Rights-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining,relocating, or repairing any sidewalk or other public work. 3. All System: transmission and distribution structures, lines and equipment erected by the Operator within the County shall be located so as not to unreasonably obstruct or unnecessarily interfere with the usual and customary use of the Public Rights-of-Way, and to cause minimum interference with the rights of property owners who abut any of the Public Rights-of-Way, and not to unreasonably interfere with existing public utility installations. The Operator shall furnish to and file with County the maps, plats, and permanent records of the location and character of all facilities constructed, including underground facilities, and the Operator shall file with the County updates of such maps, plats and permanent records annually if changes have been made in the System. 4. If at any time during the period of this Franchise the County shall alter, or change the grade or location of any Public Rights-of-Way, the Operator shall at its own expense, upon notice by the County, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System, and in each instance comply with the standards and specifications of the County. 5. The Operator shall not place poles, conduits, or other fixtures of the System above or below ground where the same will unreasonably interfere with any gas, electric, telephone, water or other utility fixtures. All the Operator's poles, conduits, or other fixtures placed in any Public Rights-of-Way shall be so placed as to comply with all requirements of the County. 6. The Operator shall, on request of any Person holding a moving permit issued by the County, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and the Operator shall be given not less than ten (10) business days advance notice to arrange for such temporary changes. 7. The Operator shall cooperate with and participate fully in Underground Service Alert (USA) and ether reputable underground facility locating services to insure that damage and/or interference with other underground facilities occupants is minimized. 15 8. If (i) the Operator should in the course of the construction and/or reconstruction of the System elect to place underground cable plant in the public utility easement on private property where there was, at the time of the Operator 's election, space available for the installation of such plant within the public roadway, and (ii) the Operator should fail, neglect or refuse to take pre-construction photography (or videography) of the condition of any private property upon which underground construction is to occur, the Operator shall have the burden of proof as to the condition of the private property prior to the initiation of such construction in any subsequent complaint resolution, arbitration or judicial procedure between the Operator and the private property owner. If the Operator enters private property for the purposes of construction where there is no dedicated public easement, the Operator shall first secure the private property owner's written consent. 9. Notwithstanding any other term, condition or provision hereof, no trench cut or portion thereof by the Operator in any Public Rights-of-Way shall remain open and unfilled for more than three (3) business days from the date of its initial opening. The Operator shall be subject to the imposition of liquidated damages pursuant hereto for each additional day that any such trench or portion thereof shall remain open beyond the aforesaid three (3) business day limit. For purposes of this section, "open" shall mean and include any degree of refilling and/or restoration of the trench short of the final restoration of the pavement to its original grade. Moreover, the Operator shall, at the close of each day, barricade or suitably cover, by plate or other means acceptable to the County, (i) any unfilled trench or portion thereof, and (ii) any open trench: which traverses a driveway or other means of ingress and egress for any property owner in such a fashion as to allow full use of the driveway or other means of ingress and egress by the property owner during periods of non-construction. Each failure by the Operator to cover any such trench shall be a separate event of default which shall be separately subject to the liquidated damages provisions of this Agreement. 10. Notwithstanding the approval and/or acceptance by the County of the construction by the Operator in the Public Rights-of-Ways, including without limitation the repair and/or restoration of trench cuts, as of the completion of the Operator's construction or any phase thereof, the County may re-inspect any such construction by the Operator ("Re-inspection") within twenty-four (24) months after the completion of all construction by the Operator (as established by the Notice of Completion for the last Construction Segment Area) and the Operator shall, as a condition of this Franchise, repair and restore to such standards as the County may then specify, any deficiencies and/or degradations resulting from Operator's work which is noted by the County in the Re-inspection. Any such repairs and/or restorations by the Operator pursuant to such a Re-inspection shall be subject to a further Re-inspection within twenty-four (24)months from the completion thereof. 11. The Operator shall, at installation and throughout the term of the Franchise, install and maintain all mitigation measures required in the Mitigated Negative Declaration adopted by the County pursuant to the California Environmental Quality Act, which are hereby incorporated by reference as fully as if set forth herein. Each failure to install and/or maintain such a mitigation measure specified in the Mitigated Negative Declaration shall be a separate event of default which shall, in addition to all other available remedies, be separately subject to the liquidated damages provisions of this Agreement. 16 12. Except in cases of emergency or responses to unplanned system failures where it is impractical to do so, prior to entering onto private property to construct, operate or repair its Cable System (unless the repair or construction can be performed from the Public Rights-of-Way without disrupting private property), the Operator shall give the Person residing on or using the property adequate notice, not less than twenty-four (24) hours nor more than seventy-two (72) hours in advance, that it intends to work on the property, a description of the work it intends to perform and a name and telephone number the Person can call to protest or seek modification of the work. Failure of the Operator to give the timely and adequate notice as described above shall cause the burden of proof, in any subsequent legal action for damage by the Operator to the private property, to shift to the Operator as to all matters before the court. Work shall be done in a manner that causes the lust interference with the rights and reasonable convenience of property owners, residents and users and that complies with Applicable Law. In such case, subject to the exception for timely notice, the notice shall be given to the Person residing or using the property as soon as possible. 13. When in the course of aerial construction, it is necessary to replace an existing pole and the Operator desires to utilize a temporary second pole without simultaneously removing the original pole (hereinafter "Temporary Duplicative Pole Method") in order to maintain the pace of construction, the Operator shall make application to the County to use the Temporary Duplicative Pole Method. The Temporary Duplicative Pole Method shall not be utilized without the prior written approval of the County. In determining whether or not to grant its approval for the use of the Temporary Duplicative Pole Method, the County may consider, among'other things, the degree of delay which will be incurred if the Duplicative Pole Method is not utilized, the Operator's diligence and foresight theretofore in pursuing the processing of make ready work and the timely construction of the System, and the Operator's timely completion (or lack thereof) of the relocation of facilities on previously approved Temporary Duplicative Pole Method permits. If the County shall approve the use of the Temporary Duplicative Pole Method in a given instance, the Operator shall deposit with the County one and one-half (11/z) times the County's estimate of the cost to complete the relocation of facilities to the new pole and remove the old pole and shall agree in writing to complete the relocation of all facilities to the new pole and the removal of the old pole within four(4) months from the date of the County's approval of the Temporary Duplicative Pole Method permit. Each failure to complete the relocation of facilities within the time specified shall be a separate event of default which shall, in addition to all other remedies, be separately subject to the liquidated damages provisions of this Agreement. 14. The County shall have the option -to lay its own conduit or place other public improvements that do not incur significant cost, delay or redesign by Operator, including without limitation wiring for traffic signals, streetlights, etc. in the Operator's open trenches during the initial construction and during any future rebuilds or repairs. Any request of the County to lay its own conduit needs to be initiated at the time the permit is granted for the applicable section of the build. 15. The County shall have the right, at no charge (but at no additional cost to Operator), to install or maintain any wires and fixtures desired by the County upon the poles and 17 within the underground pipes and conduits of the Operator that are located in the same Public Rights'-of-Way. If the County desires to utilize the Operator's facilities, the County and the Operator shall enter into a mutually acceptable separate agreement for the provision thereof. Any such agreement shall, contain terms and conditions other than rate provisions that are no more favorable nor less burdensome than the terms and conditions made available by the Operator to any other Person. The Operator may deny use of its facilities if the County's proposed installation or maintenance is not technically feasible, exceeds available space, would delay Operator's construction schedule such that liquidated damages would be payable as a result, would'cause a violation of this Agreement, or otherwise interferes with the existing or future operations of the Operator. E. System Architectural Design Review Process: Prior to submitting the initial Application for a Notice to Proceed, the Operator shall deliver to the County a System design plan, which shall include the following elements: 1. All hub sites and node map, 2. "Sell sheet" level description of equipment at hubs, and nodes; 3. System level trunking maps to illustrate the architecture of the system. The County's review shall not operate to excuse any non-performance under this Agreement, the Ordinance or other Applicable Law. The County may review the design plan and submit comments to the Operator within thirty (30) days of the date it was submitted by the Operator. The Operator shall take any such comments into account in implementing its construction plan. F. Construction Segments: The Operator shall construct the Cable System in a series of reasonably contiguous areas of the County, to be defined by the Operator in its application for a Notice to Proceed for each such area (such an area hereinafter a "Construction Segment Area" or "CSA"). Subject to such exceptions as may be approved by the County, in its sole discretion, each CSA shall be adjacent to and contiguous with a prior approved CSA. The Operator shall not construct any Cable System facilities within a Construction Segment Area until the Operator has secured a Notice to Proceed for that CSA from the County. The Operator's Application for a Notice to Proceed shall be accompanied by evidence that the Operator has obtained all of the permits and approvals necessary to fully complete construction of the Cable System within that Construction Segment Area from (1) the County, (2) other applicable governmental authorities and (3) pole owners (as to aerial construction). The Operator shall obtain approval for the siting of all pedestals and similar structures prior to installation of any such structure or construction of any facilities serving or served by such a structure. Approval for such siting shall be obtained in accordance with the usual procedures governing such structures, and nothing in this Agreement or the Cable Ordinance shall be deemed to waive any such procedures. Upon proof to the reasonable satisfaction of the County that all such authorizations reasonably necessary to the completion of the Cable System within an otherwise approved Construction Segment Area have been issued., including any authorizations related to the siting of pedestals and similar structures, 1$ , the County shall issue a Notice to Proceed to the Operator with respect to that Construction Segment Area. The Operator shall not undertake any construction or encroachment within the publicright of way prior to receipt of the Notice to Proceed applicable to the area of construction. Nothing contained in this section shall be deemed to prevent the Operator commencing construction of its head-end facility on its own property at any time, provided that it is otherwise in compliance with Applicable Law. The parties may agree to a different process for phasing construction. G. Construction Manual: Operator has submitted to County a System construction manual, and plan for notifying area residents of the system construction work process. County shall have a right to review and approve or disapprove the plan and manuals prior to construction. H. Past-Construction Design Modifications: At least ninety (90) days prior to the date of any construction on the System., which construction is initiated after completion of the System and which is intended to implement any modifications to the design of the System., the Operator shall deliver to the County a detailed description of the proposed design modifications. The description shall include ,any of the information required by subsection 6(e), relevant to an understanding of the proposed mortification. The County may review the plan and, within thirty (30) days of the date the plan is mole available for County review, submit comments to the Operator. 1. System Operation Test: The Operator shall comply with the following procedures as it completes construction of plant: 1. The County shall be added to the notice list and shall be kept up-to-date regarding progressive activation of the System and testing of the same. 2. Successful completion of the first semi-annual FCC proof-of-performance test for a portion of the System shall constitute the final acceptance test for that portion. The Operator shall notify the County of the date at least ten (113) days in advance, in writing or by e-mail to County's franchise administrator, that it will conduct such a test. County shall have the right to have a designated observer present during each test. The Operator shall provide a copy of the written results of each test to the County within seven (7) days of request. If the tested portion of the System passes the performance test, that portion shall, be deemed accepted by the County. If the tested portion does not pass, the Operator shall take all steps necessary to meet the applicable standards and the affected portion shall be retested. 3. Final acceptance of the entire System shall take effect when (i) all nodes as set forth in the system architectural design plan approved by the County pursuant to Section V(C) have been constructed, activated, and accepted pursuant to paragraph (1) above; and (ii) at least 80% of the entire System., as measured by the number of nodes, has passed the first semi-annual FCC proof-of-performance test. J. Construction Deadlines; The Operator shall commence construction in the County within six months of the Effective Date, and shall complete construction within the first CSA within 1213 days thereafter. Failure to meet either of these requirements shall be deemed material 19 defaults under this Agreement and shall be grounds for revocation of the Franchise, or the exercise of any other remedy available under this Agreement or the Ordinance. The Cable System shall be completed within each Construction Segment Area within one hundred twenty (120) calendar days from the issuance of the Notice to Proceed for that Construction Segment Area pursuant to this Agreement. Moreover, in any event, the Cable System shall be completed and operational throughout the Franchise Area within twenty-four (24) months from the Effective Date of this Limited Franchise Agreement. K. Periodic Progress Reporting: 1. Following the commencement of construction of the System or any similar major construction, the Operator shall met with the County at least every three (3) months until the construction is completed, and provide an update on the progress of the construction according to the Operator's general plan, unless the County waives such meeting. Upon request, the Operator shall provide detailed written reports to the County on the Operator's progress in construction, within ten (10)business days of the request. 2. Public Notification. Prior to the beginning of any System construction, and periodically during each phase, the Operator shall inform the public and its Subscribers about the progress of the construction areas where construction crews will be working and any expected temporary interruptions to existing services which may occur. 3. Delays in the System Construction. The Operator shall not be excused from the timely performance of its obligation to begin and complete any system construction within the times specified herein, except for any "Force Majeure" situation, as described herein. 4. Consequences of Delays. Absent a showing of excusable delay pursuant to this Agreement, should the Operator be unable to demonstrate the commencement or timely completion of the System Construction by the times specified herein, or be unable to reasonably justify any delays, then the Operator shall be in violation of a.material provision of this Franchise Agreement and the County may, in its sole discretion, either grant the Operator an extension of time to complete such construction or implement any enforcement measures specified in this Agreement or the Ordinance, including but not limited to revocation of the Franchise. In the event of excusable delay pursuant to this Agreement, the time for completion shall be extended by the period of such delay. L. ,System Vests and Inspections: 1. The Operator shall perforin all tests necessary to demonstrate compliance with the requirements of the Franchise and the technical standards of the FCC set forth in Part 76, Subpart K (Technical Standards) of the FCC's rules, 47 C.F.I . § 76.601 et seq., including without limitation performance tests, technical standards, signal leakage performance criteria and cable television system monitoring. In the event that the FCC's technical performance standards are repealed or are no longer applicable to the Operator's Cable System., such standards shall retrain in force and effect until the County and the Operator agree to new standards, 20 2. The Operator shall conduct tests as follows: a. proof of performance tests on the System at least once every six months or as required by FCC rules, whichever is more often, except as federal law otherwise limits the Operator's obligation, and b. special proof of performance tests when Subscriber complaints indicate tests are warranted. 3. A written report of test results shall be filed with the County within seven (7) days of the request. In addition, the Operator shall retain written reports of the results of any tests required by the PCC, and such reports shall be available to the County within (7) days of a request. 4. If any test indicates that any part or component of the System fails to meet applicable requirements, the Operator, without requirement of additional notice or request from County, shall take corrective action, retest the locations and advise the County of the action taken and results achieved. M. Publicizing Proposed Construction Work: The Operator shall notify the general public prior to commencing any proposed construction that will significantly disturb or disrupt public property or Public Rights-of-Way, or have the potential to present a danger or affect the safety of the public generally. Where possible, the Operator shall publicize proposed construction work at least one week prior to commencement of that work by notifying those residents and others in. the immediate vicinity of where work is to be done and most likely to be affected by the work in at least one of the following ways: by telephone, in person, by mail, by distribution of door hangers or flyers to residences, by publication in local newspapers, or in any other manner reasonably calculated to provide adequate notice. Notice to affected Persons must include the name and local telephone number of an Operator representative who is qualified to answer questions concerning proposed construction. In addition, before entering onto any Person's property for proposed nonemergency construction work in connection with Operator's Cable System, the Operator shall contact the property owner or (in the case of residential property, the resident) at least two days in advance, when possible. N. Right of Inspection: The County shall have the right to inspect all construction, reconstruction or installation work performed by the Operator under the provisions of this Agreement and Applicable Law, to ensure the Operator's compliance and to protect the health, safety and welfare of the County's citizens. It is understood that the Operator will pay all reasonable and customary County expenses (time and material) incurred for these periodic inspections by a qualified resource. All work performed by the Operator shall be filly subject to the general ordinances of the County and, in case of conflict between such general ordinances and this agreement, the general ordinances shall prevail. 21 O. System.Maintenance: 1. The Operator shall, when practicable, schedule and conduct maintenance on Operator's Cable System so that interruption of service is minimized and occurs during periods of minimum Subscriber use of Operator's Cable System. The Operator shall provide reasonable prior notice to Subscribers and the County before interrupting service for planned maintenance or construction, except where such interruption is expected to be one hour or less in duration. Such notice small be provided by methods reasonably calculated to give Subscribers actual notice of the Manned interruption. 2. Maintenance of the System shall be performed in accordance with the technical performance and operating standards established by FCC rules and regulations. P. Standard Connections: If the aerial or underground connection for service to a Subscriber's location (sometimes known as a "drop") requires no more than a one hundred fifty (150') foot extension drop measured from the nearest service connection point (the nearest directional tap on the primary network), the Operator shall provide the connection to its service at no charge for the initial one hundred fifty (150') feet other than the Operator's standard installation fee. V. SYSTEM FACILITIES,EQUIPMENT AND SERVICES A. System Requirements. The Operator's Cable System generally shall meet or exceed the following requirements: 1. Compliance with FCC Rules. a. The System shall conform to or exceed all applicable FCC technical performance standards, as amended from time to time, including, without limitation, those set forth in 47 C.F.R. § 76.601. b. The System shall have personnel, facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Operator's Cable System remains in compliance with the standards specified in Section 0. c. The System shall have such facilities and equipment as necessary to maintain, operate, and evaluate Operator's Cable System to comply with FCC technical standards, as such standards may be amended from time to time. 2. Continuous 24-Hour Operation. The System shall be designed to be capable of continuous twenty-four-hour daily operation in accordance with FCC standards except as caused by a farce majeure condition. 3. TNTo Interference. The System shall be operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals by a Subscriber. 22 , 4. No Deterioration to Access Signals. The System shall be so constructed and operated that each PEG Channel shall be delivered over the System with transmission quality the same as the transmission quality of the Analog Channel on Basic Cable Service as may be chosen by the County and/or equivalent to the quality of the signal as delivered to the Operator from the PEG origination point into the system controlled by the Operator. 5. Industry-Accepted Equipment, The System shall use equipment generally used in high-quality, reliable, modem systems of similar design. Facilities and equipment shall be used at the headend to allow the Operator to transmit or cablecast signals in substantially the form received, without substantial alteration or deterioration. For example, the System shall include components so that a signal received at the headend in color may be received by a Subscriber in color, a stereo signal in stereo. 6. Program Security. The System shall include equipment so that any pay-per-view programming can only be activated by the positive action of a subscriber using, for example, a private identification number or other individual selection procedure. 7. Handicapped Service. The Operator shall comply with all requirements of applicable law, including but not limited to the Americans with Disabilities Act. Operator shall comply with FCC rules on transmission of closed captioning for the hearing-impaired. 8. Safety, The System's facilities and equipment shall be designed, built and operated in such a manner as to protect the safety of Operator's Cable System workers and the public. 9. Sufficient Staff and .Equipment. The System shall have sufficient trucks, tools, testing equipment, monitoring devices and other equipment and facilities and trained and skilled personnel required to enable the Operator to substantially comply with Applicable Law, including applicable customer service requirements and including requirements for responding to system:outages. B. System Characteristics. The Operator shall complete construction of a System in the Franchise Area in accordance with the following minimum standards: 1. The System shall have a minimum activated bandwidth of at least 860 MHz, shall be capable of delivering at least 134 analog Channels, and shall provide the equivalent of at least 87 analog Channels of programming upon activation. The System shall strictly conform, at a minimum,to the system described in Operator's franchise application dated March 4, 2002. 2. The bandwidth specifications in Section V(B)(1) refer to the engineering bandwidth of the system and do not limit what sorts of signals (e.g., analog or digital) the Operator carries on any part of that bandwidth. 3. The System shall utilize a fiber-optic wire trunk and distribution design ("fiber-to- the-neighborhood"). Node size shall not exceed 500 homes per node. The System shall be 23 designed and constructed to enable later segmentation to fewer homes per nude as demand warrants. 4. The distribution plant shall have no more than six active components in a cascade. 5. The Operator shall provide standby power generating capacity at the headend and at all hubs. The Operator shall maintain standby power capable of at least 24 hours duration at the headend, at least four (4) hours duration for all system hubs, and at least 2 hours to each node and the distribution plant, with automatic response systems to alert the system headend when conventional power is interrupted. The Operator shall maintain sufficient portable generators to be deployed to a hub site in the event that the power disruption is expected to last more than four hours. 6. The Operator shall activate two-way capability throughout the system. The Operator shall activate all electronics for two-way operation, sweep and balance the reverse path of the system., and verify operation of the plant using procedures in NOTA. Recommended PracticesforMeasurement on Cable Television Systems, as supplemented in October 1997, to the 1993 revised 2d edition. 7. As part of the System, the Operator shall offer every Subscriber, the opportunity to lease equipment that utilizes wireless remote controls, and that allow Subscribers to view a program on one channel while taping a program on another channel. S. The entire System shall be technically capable of transmitting NTSC analog, compressed digital, and HDTV transmissions. The Operator shall comply with all FCC regulations regarding carriage of HDTV. 9. The Operator shall mare Internet access available to all Subscribers at the same time as other services are provided over the Cable System to any Subscriber. Both upstream and downstream Internet access shall be provided over the Cable System (not via telephone lines). 10. The Operator's construction plan shall insure that the System is extended to all parts of the County without regard to income level. C. .Periodic Review. Co NTY and. OPERATOR acknowledge and agree that the field of cable television is rapidly changing which may see other regulatory, technical, and legal changes during the term of this Agreement. Therefore, in order to provide for the maximum degree of flexibility in this Agreement, and to help achieve a continued, advanced and modern Cable System, the following evaluation provisions will apply: 1. The COUNTY reserves the right to adopt reasonable rules and regulations controlling the procedures as set forth below and the subjects for evaluation sessions to the extent consistent with Applicable Law. In the absence of any COUNTY action taken to exercise these rights, OPERATOR shall be subject to the procedures and the subjects described in this Agreement. 24 2. The COUNTY may require, in its sole discretion, that OPERATOR participate in evaluation sessions with COUNTY at any time and from time to time during the term of this Agreement; provided, however, there shall not be more than one review in any two year period. It is understood that the County will make all reasonable efforts to coordinate its reviews with other franchise authorities utilizing the same core system. 3. Topics which may be discussed at any evaluation session include, but are not limited to, rates, channel capacity, the System performance, programming, PEO access, municipal uses of the System, Subscriber complaints,judicial rulings, ECC rulings and any other topics COUNTY or OPERATOR may deem relevant. 4. During an evaluation session, OPERATOR shall fully cooperate with COUNTY and shall provide without cost such nonproprietary information and documents as COUNTY may reasonably request to perform the evaluation. 5. If at any time during its evaluation, COUNTY determines that reasonable evidence exists of inadequate System performance, COUNTY may require OPERATOR to perform tests and analyses directed toward such suspected inadequacies at OPERATOR's expense. OPERATOR shall fully cooperate with COUNTY in performing such testing and any report prepared by OPERATOR shall include at least: a. a description of the alleged problem in the System performance which precipitated the special tests; b. the System component testers, c. the equipment used and procedures employed in testing; d. the method, if any, by which the System performance problem was resolved; and e. any other information pertinent to said tests and analyses which may be reasonably required by COUNTY, or determined when the test is performed. b. If after receiving OPERATOR'S report, Cowry determines that reasonable evidence still exists of inadequate System performance, Cower may enlist an independent engineer to perform tests and analyses directed toward such suspected inadequacies. The costs of such engineer shall be chargeable against the Security Fund. 7. As a result of an evaluation session, COUNTY or OPERATOR may determine that an amendment in the terms of this Agreement may be required, that the requirements of the System or this Agreement should be updated, changed or revised, and/or that additional services should be provided by OPERATOR. (collectively a "Proposed Modification"). If the Proposed Modification is consistent with the terms of this Agreement, the needs of OPERATOR and COUNTY and existing state-of-the-art technology, including what is provided by OPERATOR in other Systems owned, operated or managed by it; or its parent company, OPERATOR and COUNTY will, in good faith, review the terms of the Proposed Modification and consider amending this 25 Agreement accordingly. Nothing herein shall be construed as requiring either OPERATOR or Co€ NTY to agree to any Proposed Modification. D. Equipment Compatibility: 1. The Operator shall comply with all FCC regulations regarding scrambling or other encryption of signals, Subscriber premises equipment, equipment compatibility, and facilities and equipment that permit Subscribers to fully utilize the capabilities of consumer electronic equipment while receiving cable service. FCC regulations governing compatibility with consumer electronics equipment, as they may be amended from time to time, including but not limited to 47 C.F.R. §§ 76.629 and 76.630, are incorporated herein by reference. The County shall have authority, consistent with applicable law, to adopt enforcement regulations to ensure that the Operator complies with these FCC regulations. 2. Upon request by a Subscriber or the County, the ,Operator will provide accurate information regarding equipment compatibility and the availability of universal remote controls and other compatible equipment (a list of which, specifying brands and models, shall be provided to any Subscriber upon request). 3. As part of normal installations, without additional cost, the Operator will include full connection of all consumer equipment in use at the time of the installation, including connections permitting multiple signal reception (e.g., allowing two different Channels to be received, consistent with FCC regulations, so as to display picture-in-picture or allow a Subscriber to view one Channel while recording another). The Operator shall make such connections after installation upon a subscriber's request, at a price consistent with any Applicable Law. E. Types of Service: Should the Operator desire to change the selection of programs or services offered on any of its tiers, it shall maintain the mix, quality and level of services provided over the System. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Agreement and in Applicable Law. The Operator shall provide thirty (30) days' advance written notice to Subscribers and the County of any change in channel assignment or in the video programming service provided over any channel, unless this requirement is waived by the County or by operation of federal or state law, or due to events beyond the reasonable control of the Operator. F. t ices. The County residents in the Franchise Area will be served by the Operator's offices already planned for 'Walnut Creek and Concord. The County shall have the right to approve any future change in office location. G. Leased .access Channels: The Operator shall provide leased access channels as required by federal law. 26 H. Interconnection: 1. Operator shall design its System so that it may be two-way interconnected with any or all other cable television systems in the area. Interconnection of systems may be made by direct cable connection, microwave link, satellite or other appropriate methods. 2. Operator may interconnect its system with other Cable ,Systems upon its own initiative, or upon request of the County to interconnect. If so ordered, Operator shall begin good faith negotiations concerning interconnection with the other affected system or systems. If so ordered, Operator shall interconnect with any adjacent Cable System which is controlled by the Operator or its Affiliate. 3. All signals to be interconnected will comply with FCC technical standards for all classesof signals and will result in no more than a de minimus level of distortion. 4. The Operator shall cooperate with any interconnection corporation, regional interconnection authority, state or federal regulatory agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of communications systems within and beyond the boundaries of the County. To facilitate interconnection with other adjacent systems which are owned or controlled by the Operator or any Affiliate thereof ("Adjacent Delated Systems"), the Operator shall place all comparable Access channels on the System and on Adjacent Delated Systems on channels having the same numerical designations. I. Customer Service Monitoring: The Operator shall install and maintain status monitoring equipment and keep such records as required to enable the County to determine whether the Operator is complying with all telephone answering standards required by applicable customer service regulations, as amended from time to time. J. Emergency Alert System: The Operator shall comply with the requirements of 47 C.F.D. fart 11, as amended. K. Home Wiring: Operator shall comply with all applicable FCC requirements, including any notice requirements, with respect to home wiring and home nun wiring. L. uses of System: Operator shall notify the County of all active uses of the Operator's Cable System as promptly as possible after the institution of such uses. M. Parental Control Lock: The Operator shall provide, at no charge, to Subscribers, upon request, a parental control locking device or digital code that permits inhibiting the video and audio portions of any Channels offered by the Operator. N. Open Platform for Internet Services: The Operator agrees to comply with all requirements of Applicable Law with respect to nondiscriminatory access to the Operator's cable modem platform for providers of internet service. 27 O. No Limitation of Streaming Video: The Operator will place no artificial constraints - on a user's access to Streaming "video content within the context of the service selected and provisioned for that custo'mer's use. VI. CKANNELS AND FACILITIES FOR PU-BLIC,EDUCATIONAL AND GOVERNMENTAL USE A. Access Channels: 1. The parties acknowledge that the franchise granted by the County to the Incumbent Operator expired on February 18, 2001 and that the County is in the process of ascertaining cable-related community needs and interests pursuant to 47 U.S.C. § 546. Those needs and interests, including requirements for channel capacity for public, educational and governmental use, will be reflected in the terms of any Renewal Franchise. The parties agree that if such a Renewal Franchise is granted, the Operator shall provide, beginning on the effective date of the Renewal Franchise, the same number of analog Access Channels as is required of the Incumbent Operator under the Renewal Franchise. Beginning immediately upon commencement of Cable Service to the first Subscriber in the County, the Operator shall provide two analog Access Channels for public, educational and governmental use. One channel shall be used, to the extent Operator has access to the same, for the live broadcast of County meetings and, by obtaining and replaying videotapes, providing similar bulletin boards or through the Incumbent Operator's system, the other programming currently carried on the PEG Channel of the Incumbent Operator's System. The other channel shall be used to carry CCTV, the government access channel for Contra Costa County as soon as Operator's Cable System has direct access to the sante. In addition, the Operator shall male available up to two additional analog :Access Channels within thirty (30) days of a written request from the County. The additional Access Channels shall be used for public, educational or governmental access programming, the allocation thereof to be at the sole discretion of the County. Any entity that manages an Access Channel may use that capacity to provide one or more channels of service. 2. Additionally the parties agree that if such a Renewal Franchise is granted, the Operator shall provide, beginning on the effective date of the Renewal Franchise, the same amount of digital PEG Access capacity as is required of the Incumbent Operator under the Renewal Franchise. Beginning immediately upon commencement of Cable Service to the first Subscriber in the County, and subject to subsection (3) below, the Operator shall provide digital capacity in an amount equal to the amount needed to transmit four (4) video channels, with accompanying audio, that are in digital format and capable of producing sound and picture of NTSC quality, based on the compression technology then in use in the Cable System.. Any use of such digital capacity shall be compatible with the technology, including without limitation the compression technology, used by Operator in the Cable System. The County and the Operator shall work together to implement technical solutions that make the most efficient use of this capacity. Further, if the Operator offers subscribers a radio or music service delivered over the Cable System, the Operator shall include in such service, if reasonably feasible, a non-profit public radio station designated by County which is either operated by County or by a non-profit organization within Contra Costa County. 28 . .1 _ ...... ............. .1.11 . _...... ........ .................._....... ..__. .1111 .1111 .. _ ....... .. .1111 ................. __. .._.........._.. I Any of the foregoing analog or digital PEG capacity, the control of which has not been transferred to County or a Designated Access Provider, may be utilized by the Operator for any purpose unless and until it is so transferred. Four analog PEG channels shall be provided in the manner specified in Section 6(a)(1). Additional PEC capacity up to the maximum specified in Section 6(a)(1) (as to analog) and (2) (as to digital) shall be provided as follows: Prior to requesting additional PEG capacity, County shall, in its sole discretion, determine that such additional PEG capacity can reasonably be used for PEG purposes. In making this determination,County shall consider the extent to which existing PEC capacity is being utilized, the community need for additional PEC programming, the resources and capabilities of the County or the applicable Designated Access Provider needed to produce additional PEG programming and the impact on the Operator and its Subscribers. Upon making this determination, County shall deliver written notice to the Operator indicating the amount and type of capacity needed and the date upon which the capacity should be provided. If the Operator has capacity of the specified amount and type which it is not actively using, it shall provide the capacity by the specified date. If the Operator does not have such unused capacity, it may defer providing such capacity until the earlier of (i) the date such capacity becomes available or (ii) twelve (12) months after receipt of the notice from County. The Operator may defer providing the capacity in the foregoing manner only if it delivers a written notice to the County within fourteen (14) days after receipt of the County's notice. No third party shall have any independent right under this section to obtain additional PEG capacity, and County shall have the exclusive right to obtain additional PEG capacity for itself or a Designated Access Provider pursuant to this section. 4. The Operator shall provide a temporary link between the Operator's Headend facility and CCTV including equipment to carry CC'T'V no later than 90 days after the Effective Date of the Franchise. Upon future franchise approval which covers the geographic locations of affected County facilities, the Operator shall provide dedicated bi-directional fiber optic links between the Headend and (1) the Chamber of the Board of Supervisors and (2) CCTV in order to deliver, PEG access programming to the Headend upon activation of the first 100 County Customers resident in that new franchise. Operator agrees to use its best efforts to carry CCTV on Channel 27 in the future. 5. The Operator shall provide any analog Access Channels on the Basic Service Tier throughout the life of this Franchise and the balance of any PEG access capacity, on the lowest tier or level of such capacity offered to Subscribers. Tf channels or capacity on the Cable System are displayed through a menu system, Access Channels or capacity shall be displayed in the same manner as other channels or capacity. Access Channels and programming shall be in channel positions that are contiguous with, and not separated by scrambled channels from, the other channels located on the Basic Cable Service tier. 6. Each analog Access Channel shall be transmitted on the System in standard 6 MHz, unscrambled NTSC format so that every Subscriber can receive and display the PEG signals using the same converters and signal equipment that is used for other Basic Service Channels. 29 7. The Operator shall not change the channel assignments for the Access Channels, without the prior written approval of the County. The foregoing is not intended to waive or contravene any Applicable Law, now or hereafter in effect. S. Any educational Access Channel shall be for the noncommercial use of the educational community of the County. The County or its designee may adopt reasonable rules regarding the use of any such Channel. 9. Any governmental Access Channel shall be for the noncommercial use of the County. The County or its designee may adopt reasonable rules regarding the use of any such Channel. 10. Any public Access Channel shall be for the noncommercial use of the public. The County or its designee may adopt reasonable rules regarding the use of any such channels. 11. The County may, but need not, designate one or more PEG access providers ("Designated Access Providers"), including itself, to control and manage the use of any or all Access facilities and/or resources under this Franchise for a period of time or at the pleasure of the County. To the extent of such designation by the County, as between the Designated Access Provider and the Operator, the Designated Access Provider shall have sole and exclusive responsibility for operating and managing such access facilities and/or resources. The Operator shall cooperate with Designated Access Providers in the use of the Cable System and access facilities and/or resources for the provision of PEG Access. The Operator shall enter into such operating agreements with Designated Access Providers as may be necessary to facilitate and coordinate the provision of PEG access, provided that such operating agreements may not be inconsistent with this Franchise nor with such designation by the County. 12. If the County has not designated a Designated Access Provider, and the County elects not to manage an Access facility itself, the County may request that the Operator assume that role, subject to negotiation of the terms under which the Operator shall do so. If the County so requests, the Operator shall, at a minimum, provide the Community Programming and Access Facilities and Support specified on pages 27 of the Operator's Franchise Application dated March 4, 2002. 13. Nothing contained in this Agreement shall be construed to prevent the CoUNTY and/or any Designated Access Provider from entering into underwriting or advertising agreements with for-profit ventures to provide support for PEG access programming to the extent allowed by Applicable Law. No sums derived by the CouNTY and/or any Designated Access Provider from such underwriting activities or advertising shall be construed to diminish or otherwise offset PEG access payments due from under this Franchise. The County and/or any Designated Access Provider may carry noncommercial programming that is generated by entities other than the County and/or any Designated Access Provider. The County agrees to use or permit the use of the Access facilities for PEG use only. P. Periodic PSG Access Capital Payments: In addition to and apart from the Franchise Fee paidby the Operator for the use and occupancy of the Public Rights-of-Way and in addition to and apart from. the Lump Sum PEG Access Capital Payment as defined below to be paid by 30 the Operator, the Operator shall pay to the County a sum equal to three percent (3%) of its Gross Revenues as PEG Access Capital Payments ("Periodic PEG Access Capital Payments"), provided, however, that (i) for the first twelve months after the date of first activation of Cable Service to a residential. Subscriber ("Activation Date"), the periodic PEC Access Capital Payments shall not be required, (ii) for the second twelve (12) months after the Activation Date, the Periodic PEG Access Capital Payments shall equal one percent (1070) of Gross Revenues; and (iii) for the third twelve (12) months after the Activation Irate, the Periodic PEC Access Capital Payments shall equal two percent (2`Io) of Gross Revenues. If the Incumbent Operator's franchise is renewed at any time prior to the end of the third year of the Franchise term, the Operator shall immediately begin paying the full three percent payment, effective on the effective, date of the Renewal Franchise. The Periodic PEG Access Capital. Payments shall be paid quarterly at the same time and: pursuant to the same calculations and rules as the calculation and payment of Franchise Fees. The Periodic PEO Access Capital Payments designated hereby shall be under the direction and control of the County, and may be used for PEG access and institutional network purposes, including PEG access equipment (including, but not limited to, studio and portable production equipment, editing equipment and program playback equipment), institutional network equipment (including, but not limited to, network equipment, electronic transmission equipment and end user interface equipment) or for renovation or construction of PEG access or I-Met facilities. The County shall exercise its sole discretion as to the allocation of such resources among and within the public, educational and governmental functions, including without limitation the I-Net. The County may, at any time, upon ninety (90) days notice to Operator, reduce the percentage of Gross Revenues constituting the Periodic PEC Access Capital Payments. C. Lump Sum PEG Access Capital Payment. In addition to and apart from the Franchise Fee paid by the Operator for the use and occupancy of the Public Rights-of-Way and in addition to and apart from the Periodic PELT Access Capital Payment as defined above to be paid by the Operator, the Operator shall pay to the County twelve (12) months after the first 100 County Customers are activated on the system the sum. of Forty Eight Thousand Dollars ($48,000), for the purpose of capital costs incurred in or associated with the PEG Facilities, including without limitation a regional studio or a County studio. The parties have arrived at the amount of this Lump Sum PEG Access Capital Payment after consideration of a variety of factors, including without limitation, the population of the Franchise Area, the term of this Agreement, and a rough approximation of the present value of a studio. Nothing in the foregoing is intended to imply that the County has any particular expectation that the Incumbent Operator or any other cable operators that may enter into franchise agreements with the County will provide or agree to provide any contributions and/or resources for PEG Access Capital Payments D. Cable Service to Certain.Facilities: 1. The Operator shall, without charge, install one activated Cable TV connection to each County facility in the Franchise Area listed on Exhibit B under the following subheadings: CountyFacilities, Walnut Creels and Concord Libraries, Fire Stations and Public Schools. The Operator shall provide :Basic Cable Service and the cable programming services tier, and any equipment necessary to receive and decode such service, free of charge to each of the foregoing facilities. Subject to Applicable Law, Operator also shall, without charge, provide Internet 31 accessservice to the locations listed on .Exhibit B under the subheading County Facilities, with a connection at each such County-designated location to enable County employees Internet access. The Operator shall provide one dynamically assigned IP address to each such location and shall allow the County to transfer any existing County-controlled IP addresses to the Operator's System at its option, County may choose to have such Internet access provided to some or all of such locations by Operator over the I-Net (to the extent such facilities are connected to the I-Net pursuant to subsection (e) below) or over the County's Local Area Network or Wide Area Network. 2. Upon the request of the City of Walnut Creek or the County, the Operator shall provide the Ygnacio Valley Library and the Downtown Library with a total of forty (40) cable modems (or their equivalent), equal in speed and capacity to the fastest and largest capacity offered' by the Operator to any basic residential Subscriber, and Internet connection subscriptions, both at no charge to the libraries. The Operator shall also supply necessary interior cabling and equipment to connect said service to the libraries' local area network (not to individual computers). The Operator shall provide said cable modems (or their equivalent) and the Internet access service on or before the latest of (i) March 31, 2004; (ii) the date of completion of the CSA in which the library is located, or (iii) such later date as the request may designate. The Operator shall be permitted to advertise and promote its Cable System, including the distribution of promotional coupons, to the extent that such activities are consistent with the then-applicable rules of the libraries relating to such promotional activities by other underwriters of the libraries. E. Institutional Network(1-Net): 1. The Operator shall, concurrent with the building of the main subscriber network, construct an Institutional Network (I-Net) dedicated for the County, public agency, educational and non-profit use consisting of twelve (12) optical'fibers. The I-Net shall be a bi-directional, fully fiber-optic network designed and constructed with single mode fiber, in a design so that each Public .Facility can originate and.receive fully interactive video, data and voice signals. The I-Net shall be completed within twenty-four (24) months of the .Effective Date. The Operator shall assure in the design and construction of its system that the aforementioned optical fiber capability will be provided on all of the Operator's fiber backbone routes. The dedicated fibers shall connect all the Public .Facilities (nodes) listed on Exhibit B. and allow a protected connection to assure that I-Net communications can move upstream and downstream in, out, and through each node. The parties shall meet as soon as possible for the purpose of discussing the specific design of the I-Net. The I-Net shall be designed and constructed in compliance with the IEEE 802.3u standard for 100 megabit systems. The I-Net shall also be reasonably designed in such a manner as to permit a future migration tD a 1,000 megabit system at no cost to the Operator and at County's sole expense. The parties shall reasonably agree upon the design as soon as possible and no later than thirty (30) days after the Effective Date of this Agreement. The optical fiber capability will be available to the County and its designated agencies for I-Net purposes'pursuant to terms and conditions described in this Section. The I-Net shall be reserved for the sole use of the County and its designated agencies. Upon request the Operator shall extend similar capacity on the I-Net to any County building, or the County designated agency building,' located within the Franchise Area, which is constructed, acquired or leased by the County or its designated agency during the term of the Franchise, up to a maximum of one (1) 32 _. __ such site per year. If such one additional site or any other future sites that the County may desire to be connected to the I-Net has not already been passed by the existing I-Net fiber, then the cost of providing such service to such additional location shall be borne by the County, such cost not to exceed Operator's out-of-pocket expenses plus ten percent(10%). 2. wring initial construction the Operator shall construct optical fiber nodes within each building listed in Exhibit B as specified by the County. The cost of extending fiber from the Operator's backbone into each building shall be borne by the Operator. The Operator shall install at the Operator's expense in each of the facilities listed in Exhibit B the necessary equipment to activate a 100 megabit Ethernet system with routers and equipment racks necessary to make the system operable at each location. The parties shall meet in good faith to determine the specific equipment to be provided, with the understanding that the equipment shall be of reasonable duality typical in the industry for similar applications and reasonably'available to the Operator through its vendors. The Operator shall Interconnect the facilities and hardware specified within this Section into an operational network to assure that I-Net communications can move upstream and downstream in, out, and through each node. Upon acceptance of the I- Net by the County, all nodal equipment shall be owned by the County, or its designated agency, and the County or designated agency shall be responsible for its maintenance and, if necessary, its replacement. 3. Upon completion of I-Net construction, the Operator shall provide, for the purposes described below, all equipment necessary to satisfactorily conduct and provide the County with proof of performance measurements pursuant to this Section. After acceptance of the proof of performance by the County, the Operator shall be responsible for maintaining the I- Net facilities (including the optical fiber lines and any equipment necessary to operate those lines outside of County facilities, and not including the nodal equipment or any other facilities which are not provided by the Operator pursuant to this Agreement) to the same extent and in the same manner as it maintains its comparable facilities in the Subscriber network. The Operator shall provide reasonable technical support and consultation to the County or its designated agency regarding the development and use of the I-Net. 4. The Operator shall begin restoration of service for all Service Outages, whether reported to Operator by the County or independently identified by Operator, within two hours of notice or discovery of the Service Outage during normal business hours, four hours otherwise. The term "Service Outage" shall mean any condition or damage of or to the physical fiber optic network affecting the I-Net plant that precludes or substantially impairs the transmission of information on the I-Net or a portion thereof. Permanent repairs shall be completed within three business days. Upon identification of a Service Outage, Operator shall, within such response time, have qualified personnel on site to investigate the outage, assess the cause and commence necessary repairs. To the extent that necessary repairs resulting in restoration of connectivity on the I-Net can be immediately accomplished, Operator shall effect such repairs in connection with its investigation of the cause of the Service Outage. To the extent that repairs cannot be immediately effected, Operator shall, within the response time, inform the County of the apparent cause of the Service Outage, the anticipated time for restoration of connectivity and, in cases where the County bears the cost of maintenance, the estimated cost of restoration connectivity. 33 5. The use of the I-Met shall be free of charge to the County and its designated agencies. The CoLNTY will determine which agencies may utilize the I-Net. 6. The parties acknowledge that the agreement regarding usage of the 1-Net is subject to all local, state, and federal. law. The County agrees to indemnify and hold harmless the Operator from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorney's fees and costs directly and solely related to the material under the County's control carried on the I-Net, including but not limited to, copyright infringement, libel, slander, defamation, patent, trademark, or invasion of privacy claims. Based on the County's control of the 1-Net, County waives all claims, damages, liabilities, costs and expenses related to the material carried on the I-Met, as against Operator, and as to all functionality of the nodal equipment, from and after the expiration of the manufacturer's warranty applicable to the same. F. Compliance with Federal Law: The Operator and the County agree that the Periodic PEG Access Capital Payments and the Lump Sum PEG Access Capital Payment referenced in this Agreement will not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. §542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the County by the Operator pursuant to this Agreement or(ii) part of the Franchise Fees to be paid to the County by the Operator pursuant to this Agreement. G. Additional Payments, Contributions, Support.Not Franchise Fees: 1. The Operator acknowledges and agrees that the payments or contributions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to ,Section b of this Agreement, or otherwise in connection with the construction, operation, maintenance or upgrade of the System shall not be franchise fees chargeable against the Franchise Fees payable by the Operator to the County pursuant to this Agreement. 2. The Operator acknowledges and agrees that each of the payments and contributions to be made by, or the Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to Section 6 of this Agreement are within the exclusions from the term "franchise fee" set forth in Section 622 of the Cable Act (47 U.S.C. §542). 3. The Operator acknowledges and agrees that the Franchise Fees payable by the Operator to the County pursuant to this Agreement shall take precedence over all other payments, contributions, Services, equipment, facilities, support, resources or other activities to be provided or performed by the Operator pursuant to this Agreement. 4. The Operator shall not apply or seek to apply all or any part of the Franchise Fees to be made by the Operator to the County pursuant to this Agreement as a deduction from or credit or offset against any taxes, fees or assessments of general applicability levied or unposed by the County or any other Governmental Authority (including any such tax, fee or assessment 34 imposed on both utilities and cable operators or their services, but not including a tax., fee or assessment which is unduly discriminating against cable operators or cable Subscribers). VII. FRANCHISE FEE A. Payment to the County: In consideration of the grant of the Franchise provided for herein and the Operator's use and occupation of the Public Rights-of-Way, the Operator shall, at all times during the term of this Agreement, pay to the County a Franchise Fee of five percent (5%) of the Operator's annual Gross Revenues. The Franchise Fee shall be payable quarterly within thirty (30) days of the expiration of each of the Operator's fiscal quarters. Each payment shall be accompanied by a report in such form as the County may reasonably request showing the computation of the Franchise Fee for the preceding quarter and such other relevant facts as may be reasonably required by the County, including the completion of a Franchise Fee Payment Worksheet in a form specified by the County. Nothing herein shall be,construed to prohibit the Operator from itemization of the Franchise Fee on Subscriber bills to the extent required by 47 U.S.C. 542(c) and 47 C.F.R. 76.985. B. Computation: In the event that the Operator shall, during the term of the Franchise, bundle, tie or combine Cable Services (which are subject to the Franchise Fee) with non-Cable Services (which are not subject to the Franchise Fee), the combined revenue therefrom shall first be allocated to Cable Services to the full extent which would have been charged by the Operator if the Subscriber had received only the Cable Services. In no event shall the amount allocated to Cable Services under the foregoing calculation exceed (i) the total amount of combined revenue actually received by the Operator or (ii) the net revenues derived when mandatory tariff rates imposed by a Governmental Authority for components of the combined service are deducted from the combined revenue. C. Supporting Information: The County, on an annual basis, shall be furnished a statement within ninety (94) days of the close of the calendar year, certified by an officer of the Operator reflecting the total amounts of Gross Revenues and all payments, and computations of the Franchise Fee for the previous calendar year. Upon ten (10) business days prior written notice,the County shall have the right to conduct an independent audit of the Operator's records. If such audit indicates a Franchise Fee underpayment of two percent (2%) or more, the Operator shall assume all reasonable costs of such an audit and shall remit to the County all applicable Franchise Fees due and payable together with a late payment fee equal to interest thereon at the lesser of the maximum rate permitted by Applicable Law or 18%ger annum. D. No Accord or Satisfaction. Except as otherwise provided by law, no acceptance of any payment by the County shall be construed as a release or as an accord and satisfaction of any claim the County may have for further or additional sums payable as a Franchise Fee under this Agreement or any Franchise Agreement or for the performance of any other obligation of the Operator. E. Interest: In the event that any Franchise Fee payment or recomputed amount is not made on or before the dates specified in this Agreement, the Operator shall pay as additional 35 compensation only a late payment fee computed from such due date, at an annual rate equal to the lesser of the maximum rate permitted by Applicable Law or 18% per annum during the period for which payment was due. F. No limitation on Faxing Authority: 1. Nothing in this Agreement shall be construed to limit any authority of the County to impose any tax, fee, or assessment of general applicability. 2. The Franchise fee payments required by this section shall be in addition to any and all taxes of a general nature or other fees or charges which the Operator shall be required to pay to the County or to any state or federal agency or authority, as required herein or by law, all of which shall be separate and distinct obligations of the Operator. The Operator shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise. Fee payments from or against any of said County taxes or other fees or charges which the Operator is required to pay to the County, except as required by law or expressly provided in this Agreement. The Operator shall not apply nor seek to apply all or any part of the amount of said Franchise Fee payments as a deduction or other credit from or against any of said County taxes or other fees or charges, each of which shall be deemed to be separate and distinct obligations of Operator. Nor shall the Operator apply or seek to apply all or any part of the amount of any of said taxes or other fees or charges as a deduction or other credit from or against any of its Franchise Fee obligations, each of which shall be deemed to be separate and distinct obligations of the Operator. The Operator may designate a Franchise Fee and/or amounts representing the Periodic PEG Access Payments required hereunder as a separate item in any bill to a Subscriber of the Operator's Cable System., but shall not designate or characterize it as a tax. VIII. RATE REGULATION A. All Rights Reserved: The County reserves all of its rights to regulate the Operator's rates to the maximum extent permitted by Applicable Law. B. Geographic Uniformity: The Operator's residential rates throughout the Franchise Area shall be uniform, except as provided in Section S(c). C. Senior Citizen Discount: Throughout the term of this Franchise and any extension or renewal thereof, the Operator shall offer to qualified Subscribers a thirty (30%©)percent discount ("Senior Rate Discount") on all fees and rates necessary to receive Basic Cable Service. The discount shall be offered to all Subscribers meeting all of the following criteria: (1) sixty-five (65) years of age or older, (2) personally responsible for the payment of the cable charge to the Subscriber's residential living quarters and is directly billed by the Operator for Cable Services, and (3) the Subscriber certifies to the Operator that the aggregate gross income of all the persons who share the Subscribers residential living quarters on a permanent basis does not exceed an annual sum equal to the then applicable Household Income Limitation requirement for Universal Lifeline Telephone Service, as established by Moore Universal Telephone Act. The discount shall be prospective from the date of the application of the Subscriber for such discount. The Operator shall notify all Subscribers concurrently with a rate promotion or package of the 36 existence and level of the Senior Rate Discount. In no event shall such notification occur less than once every twelve (12) months and the notification of the existence and level of the Senior Rate Discount shall be at least as prominent (in terms of font size, placement, etc) as the most prominent advisement by the Operator to Subscribers of any other rates or charges (promotional or regular) during the preceding twelve (12) months. No single household shall receive more than one such Senior Rate Discount at any one time. IX. INSURANCE,SURETY,Y,AND INDEMNIFICATION A. Insurance Required: The Operator shall obtain, and by its acceptance of the Franchise specifically agrees that it will maintain, throughout the entire length of the Franchise period, at its,own cast and expense and keep in force and effect the following insurance covering the Operator, and by additional insured provision, the County. Coverage must be placed with an insurance company/companies authorized to do business in the State of California and evidenced by a certificate of insurance and/or copies of the insurance policies. Operator's insurance shall be primary. B. Minimum Scope of.Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office number GL0002 (Ed. 1/73) covering Comprehensive General Liability and. Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CCs 0001). The policy must include coverage for Contractual Liability, Premises and Operations, Independent Contractors, Broad Form Property Damage, Personal.Injury, and Products and Completed Operations. The policy must also include coverage for the explosion,collapse and underground hazard. 2. Insurance Services Office form number CA 0001 (Ed. U78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 4. If Operator should engage in programming origination of any kind, including production of advertising, Operator shall obtain Broadcasters' Liability Coverage, covering errors and omissions and negligent acts and: other operations of the Operator, committed during the term of the Franchise period with the County. Operator shall provide a one-year discovery period under this policy. C. Minimum Limits of Insurance: Operator shall maintain policy limits of no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other farm with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 37 2. Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employers Liability. Worker's compensation limits as required by the Labor Code and Employers Liability limits of$1,000,000 per accident. 4. Broadcasters' One :million dollars ($1,000,000) per claim if required pursuant to subsection 9(b)(D) above. The County may review these amounts no more than once a year and may require reasonable adjustments to them consistent with the public interest, any increases, not to exceed the Consumer Price Index for the San Francisco-Oakland-San Jose Metropolitan Area for the period since the prior review, or the Effective Date, as applicable.. D. Deductibles and Self-Insured Retentions. .Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the County, its officers, officials, employees and volunteers; or the Operator shall procure a bond guaranteeing payment of losses and related investigations, claire administration and defense expenses. E. Other Insurance Provisions: The policies shall contain, or be endorsed to contain,the following provisions: 1. General Liability and Automobile Liability Coverages. a. The County, its officers, officials, employees, agents and volunteers are to be coveredas insured as respects. liability arising out of activities performed by or on behalf of the Operator; products and completed operations of the Operator; premises owned, occupied or used by the Operator; or automobiles owned, leased, hired or borrowed by the Operator. The coverage shall contain no special limitations-on the scope of protection afforded to the County, its officers, officials, employees, agents or volunteers acting within the performance of the official duties of the position and not resulting from malfeasance in office, willful neglect of duty or bad faith. b. The Operator's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, agents or volunteers shall be excess of the Operator's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the County,its officers, officials, employees, agents or volunteers. d. The Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 38 1. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to wive all rights of subrogation against the County, its officers, officials, employees and volunteers for losses arising from work performed by the Operator for the County. 2. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) nays' prior written notice by certified mail, return receipt requested,has been given to the County. F. Acceptability of Insurers: Insurance is to be placed with insurers with a Best's rating of no less than A: VII. G. Verification of Coverage: The Operator shall furnish the County with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the County before work commences. The County reserves the right to require complete certified copies of all required insurance policies, at any time. H. Failure Constitutes Material Violation: Failure to comply with the insurance requirements set forth in this Section shall constitute a material violation of the Franchise. I. Indemnification: 1. The Operator shall indemnify, defend and hold the County, its officers, boards, commissions, agents and employees (collectively the "Indemnified Parties") harmless from and against, any and all lawsuits, claims, causes of action, actions, liability, demands, damages, judgments, settlements, losses, expenses (including reasonable attorneys' fees) and costs that any of the Indemnified Parties acting within the performance of the official duties of the position and not resulting from malfeasance in office, willful neglect of duty or bad faith, may at any time suffer, sustain or incur arising out of, based upon or in any way connected with the operation of the Operator's System and/or the acts and/or omissions of the Operator or its agents or employees, whether or not pursuant to the Franchise. This indemnity shall apply, without limitation, to any action or cause of action for invasion of privacy, defamation, antitrust, errors and omissions, fire, violation or infringement of any copyright, trademark, trade names, service mark, patent, or any other right of any Person by the Operator, but shall exclude any claim or action arising out of the sole negligence or willful misconduct of the Indemnified Parties or related to any County programming or other Access programming for which the Operator is not legally responsible. An Indemnified Party shall promptly submit a written request to the Operator of any claim or legal proceeding which gives rise to the Operator's indemnification obligations under this Section. An Indemnified Party shall be offered the opportunity to participate in the defense, compromise, settlement or other resolution or disposition of any claim or proceeding.'The Indemnified Party shall fully cooperate with the Operator regarding any such matter. 39 2_ Specifically, the Operator shall fully indemnify, defend, and hold harmless the County, and, in their capacity as such, the officers, agents, and employees thereof, from and againstany and all claims, suits, actions, liability, and judgments for damages or otherwise subject to 47 U.S.C. § 558, arising out of or alleged to arise out of the insulation, construction, operation, or maintenance of the System, including but not limited to any claim against the Operator for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark, or patent, or of any other right of any Person, firm, or corporation, except to the extent such loss, damage, cost or expense is due to the sole negligence or willful misconduct of the County or its employees or agents, or arising from County programming or other Access programming for which Operator is not legally responsible. 3. The indemnification obligations of the Operator set forth in this Agreement are not limited in any way by the amount or type of damages or compensation payable by or for the Operator under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Agreement or the terms, applicability or limitations of any insurance held by the Operator. 4. The County does not and shall not, waive any rights against the Operator which it may have by reason of the indemnification provided for in this Agreement, because of the acceptance by the County, or the deposit with the County by the Operator, of any of the insurance policies described in this Agreement and regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. 5. The -Operator's and the County's indemnification obligations under this Agreement shall survive the expiration, cancellation or termination of this Agreement. J. No .Limit of Liability: Neither the provisions of this Section nor any damages recovered by the County shall be construed to limit the liability of the Operator for damages under the Franchise. X. PERFORMANCE GUARANTEES AND REMEDIES A. Performance Bond: 1. The Operator shall obtain and at all times maintain during the entire term of this Franchise, and any extension(s) thereof, a performance bond in favor of the County in the amount of$100,000 to ensure the Operator's satisfactory performance of construction and other work in the Public bights-of-Way, including, but not limited to, the construction required by this Agreement. The County may agree to accept a letter of credit in a form acceptable to the County in lieu of a performance Bond. 2. In the event the Operator fails, after ten (10) business days' written notice and opportunity to cure from the County, to complete any System construction, upgrade or other work in the Public Rights-of-Way in a safe, timely, and competent manner, in accordance with the provisions of this Agreement and the Cable Ordinance, there shall be recoverable,jointly and 40 severally from the principal and the surety of the bond, any damages or loss suffered by the County as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the Operator, or the cost of completing or repairing the System rebuild, construction, upgrade, or other wort{ in the Public Rights-of-Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the bond. The bond shall expressly include all of the foregoing provisions. The County may also recover against the bond any amount recoverable against the security fund required under this Agreement, where such amount exceeds that available under the security fund. Within thirty (30) days of being notified that any amount has been withdrawn from the performance bond, the Operator shall restore the performance bond to the amount specified in paragraph(a). 3. Issuance of Bond. All performance bonds required by this Certificate or the County Code shall be in a form acceptable to the County and shall be issued by a surety with an A-1 or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the County; and shall contain the following endorsement: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the County, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew." 4. Release of Bond. Ninety (90) days after acceptance by the County of construction of the System, the. Operator may submit to the County a written request to release the performance bond. The County shall then authorize the Operator and the surety, in writing, to release and cancel the performance bond, provided that all outstanding claims of the County have been resolved to the County's satisfaction. 5. Forfeiture. The total amount of any band shall.be forfeited in favor of the County in the event that this Agreement is revoked pursuant to Section 10(h) of this Agreement, and the performance bond shall so state. B. Security Fund: 1. The Operator shall file and maintain with the County an irrevocable letter of credit from a financial institution licensed to do business in California in the amount of$50,000 to ensure the Operator's faithful performance of its obligations. The form and content of the letter of credit shall be approved by the County. 2. The Operator and its surety shall be jointly and severally liable under the terms of the letter of credit. 3. There shall be recoverable by the County from the letter of credit any and all fines, penalties, and liquidated damages due to the County and any and all damages, losses, costs, and expenses suffered or incurred by the County resulting from the failure of the Operator to faithfully comply with the material provisions of this Agreement, the Cable Ordnance, and 41 Applicable Law; comply with all orders, permits and directives of any County agency or body havingjurisdiction over its acts or defaults; pay fees due to the County; or pay any claims or liens due the County. Such losses, costs and expenses shall include but not be limited to reasonable attorney's fees. 4. The letter of credit shall provide for thirty (30) days prior written notice to the County of any intention on the part of the Operator to cancel, fail to renew, or otherwise materially alter its terms. 5. The letter of credit shall be released only upon expiration or non-renewal of the Franchise or upon the replacement of the letter of credit within the time specified herein. C. Rights Cumulative. The rights reserved to the County herein are in addition to all other rights of the County, whether reserved herein or authorized by Applicable Law, and no action, proceeding, or exercise of a right with respect to the letter of credit or performance bond required by this Agreement will affect any other right the County may have, Neither the filing of a letter of credit or performance bond with the County, nor the receipt of any damages recovered by the County thereunder, shall be construed to excuse faithful performance by the Operator or limit the liability of the Operator under the terms of its Franchise for damages, either to the full amount of the letter of credit,the performance bond, or otherwise. D. Letter of Credit Procedures: The following procedures shall apply to drawing on the letter of credit: 1. If the Operator fails to make timely payment to the County of any amount due under this Agreement or Applicable Law, or fails to compensate the County within ten (10) business days of written notification that such compensation is due, for any damages, costs, or expenses the County suffers or incurs by reason: of any act or omission of the Operator in connection with this Agreement or its enforcement, or fails, after ten (10) business days' written notice, to comply with any provision of this Agreement or the Cable Ordinance that the County determines can be remedied by an expenditure against the letter of credit, including, without limitation, payment of liquidated damages, the County, upon five (5) business days notice to Operator, may withdraw the amount thereof, with interest and any penalties, from the letter of credit. 2. Within three (3) days of a withdrawal from the letter of credit, the County shall mail, by certified mail, return receipt requested, written notification of the amount, date, and purpose of such withdrawal to the Operator. 3. If at the time of a withdrawal from the letter of credit by the County, the amounts available are insufficient to provide the total payment towards which the withdrawal is directed, the balance of such payment shall continue as the obligation of the Operator to the County until it is paid. 4. No later than thirty (30) days after :mailing of notification to the Operator by certified mail, return receipt requested, of a withdrawal under the letter of credit, the Operator shall restore the letter of credit to the total amount specified,herein. 42 . _....._. ......... _....... ....... ............. _........ _........ ........... ... .._._._.. _. ._..._... ........ ....... ........._.. ......... ........_...._.. . ........ ........... 5. Upon termination of the Franchise under conditions other than these stipulating forfeiture of the letter of credit, the balance then remaining in the letter of credit shall be returned to the Operator within forty-five (45) days of such termination, provided that there is then no outstanding default on the part of the Operator. E. Failure Constitutes Material violation: Failure to maintain or restore the letter of credit or the performance bond shall constitute a material violation of this Agreement. F. Remedies: In addition to any other remedies available at law or equity, the County may apply any one or a combination of the following remedies in the event the Operator violates, and fails to cure after notice and expiration of the applicable cure period, the Cable Ordinance, this Franchise Agreement,or applicable state or federal law: 1. Apply any remedy provided for in this Agreement. 2. Revoke the Franchise or shorten the term pursuant to the procedures specified in this Agreement. 3. Impose penalties available under the Cable Ordinance or other applicable state and local laves for violation of County ordinances. 4. In addition to or instead of any other remedy, seek legal or equitable relief from any court of competent jurisdiction. O. Liquidated Damages: Because the Operator's failure to comply with provisions of the Ordinance and this Franchise Agreement will result in injury to the County, and because it will be difficult to estimate the extent of such injury, the County and the Operator agree to the following liquidated damages to be effective during the term of the Ordinance for the following violations of the Franchise and of this Agreement, which represent both parties'best estimate of the damages resulting from the specified violation. Such damages shall not be a substitute for actual performance by the Operator of a financiall payment, but shall be in addition to any such actual performance. Any liquidated damages remedy shall be cumulative and in addition to any other remedies the County may have under this Agreement or Applicable Law, other than monetary damages. The County, or designee, shall have the authority to waive or reduce the liquidated damage amounts herein for good cause. 1. For failure to submit any required plans indicating expected dates of installation of various parts of the System: $200/day for each day after Operator's receipt of notice that the violation continues; 2. For failure to commence operations or to substantially complete construction in accordance with the requirements of this Franchise Agreement: $1,500/day for each day after Operator's receipt of notice that the violation continues; 43 3. For transferring the Franchise without approval: $2,000/day for each violation for each day after Operator's receipt of notice that the violation continues; 4. For failure to comply with requirements for educational and governmental use of the System.: $2017/day for each violation for each day after'Operator's receipt of notice that the violation continues; 5. For failure to supply information, reports, or filings lawfully required under this Franchise Agreement or Applicable Law or, by the County: $300/day for each day after Operator's receipt of notice that the violation continues; 6. For violation of customer service standards: $200 per violation after Operator's receipt of notice that the violation continues; 7. For rate regulation violations specified under the Cable Ordinance, County orders or resolutions, or other Applicable Law, for each day that the same violation occurs and continues: $200 per day; 8. For failure, except in the case of force majeure, of the System to perform in the event of a public emergency or vital information situation: $.2,500 per day; 9. For failure to render payment for reimbursement of any Franchise expenses, but excluding any failure to pay Franchise fees (for which the imposition of interest shall be the sole remedy) or liquidated damages: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing; 10. For failure to file, obtain or maintain the required Security Fund in a timely fashion: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing; 11. For failure to restore damaged property: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing, in addition to the cost of the restoration and any other penalties or fees as required elsewhere herein or in the Ordinance; 12. For violation of technical standards established by the FCC: $100 per day after Operator's receipt of notice that the failure has occurred and is continuing; 13. For any other violations of this Agreement, the Ordinance, or other Applicable Law: $100/day for each day after Operator's receipt of notice that the violation continues. In all events, the County shall deliver to Operator notice of the asserted violation or failure and Operator shall have the right to dispute the asserted occurrence of such failure or violation. 44 H. Shortening, Revocation, or Termination of Franchise: 1. Upon completion of the term of the Franchise granted under this Agreement, if a new, extended, or renewed Franchise is not granted to the Operator by the County, the Operator's right to occupy the Public Rights-of-Way shall terminate, subject to Applicable Law. 2< The County shall have the right to revoke the Franchise, or to shorten the term of the Franchise to a term not less than thirty-six. (36) months from the date Operator receives written notice from the County of the County's decision to act pursuant to this Agreement concerning the County's shortening action, for the Operator's material violation of this Agreement. 3. To invoke the provisions of this Section, the County shall give the Operator written notice of the default in its performance. if within sixty (60)calendar days following such written notice from the County to the Operator, or such other period as the Operator and the County shall agree,the Operator has not taken:corrective action to the satisfaction of the County, the County may give written notice to the Operator of its intent to revoke or shorten the Franchise, stating its reasons; provided that no opportunity to cure shall be provided where the Operator is shown to have defrauded or attempted to defraud the County or its Subscribers in connection with this Agreement or Cable Service in any way that has a material adverse effect on Operator's provision of Cable Services pursuant to this Agreement. 4. Prior to shortening the term of or revoking the Franchise, the County shall hold a public ,hearing, on thirty (30) calendar days' notice, at which time the Operator and the public shall be given an opportunity to be heard. Following the public hearing, the County may determine whether to revoke or shorten the term of the Franchise based on the information presented at the hearing, and other information of record, or, where applicable, grant additional time to the Operator to effect any cure. If the County determines to shorten the Franchise term or revoke the Franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the Operator. 5. if the County revokes the Franchise, or if for any other reason the Operator abandons, terminates, or fails to operate or maintain service to its Subscribers, the following procedures and rights are effective: XI. REPORTING AND REVIEW A. Records Required and the County's Right to Inspect: 1. The Operator shall at all tunes maintain and upon request provide to the County: a. A full and complete set of plans, records and "as-built" maps showing the location of the Cable System installed or in use in the {County, exclusive of Subscriber service drops and equipment provided in Subscribers'homes. To the extent technically and economically feasible, the Operator shall also make records and maps available to the County in electronic format compatible with the County's computer system. 45 b. If requested by the County, a summary of service calls, identifying the number, + general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the County within thirty (30) days following its request in a form reasonably acceptable to the County. 2. Upon reasonable notice, and during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, the Operator shall permit examination by any duly authorized representative of the County, of all Cable System property and facilities,, together with any appurtenant property and facilities of the Operator situated within or without the County, and all records relating to the Franchise, provided they are necessary to enable the County to carry out its regulatory responsibilities under Applicable Law and this Agreement. The Operator shall have the right to be present at any such examination. 3. The County or its designee shall also have the right to inspect and copy (at County's expense), upon twenty-four (24) hours written notice, at any time during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, at the Operator's local office, all books, records, maps, plans, financial statements, service complaint logs, performance test results, and records of request for service of the Operator. To the extent not inconsistent with Applicable Law, the Operator shall have the right to designate confidential, proprietary, trade secret and privileged information and the County shall thereupon treat such information as privileged from disclosure under the California Public Records Act. The County shall provide the Operator with reasonable advance notice of any request by a third party for disclosure of information designated by the Operator as confidential, proprietary, trade secret or privileged. To the extent that any information regarding the local Cable System is maintained, either separately or cumulatively with information concerning other Cable Systems or operations, by the Operator or an Affiliate, the Operator shall make copies of such records available for inspection and auditing at the local office within seven days after receipt of a written request by the County. 4. Copies of all petitions, applications, communications and reports submitted by the Operator or on behalf of the Operator to the Federal Communications Commission, Securities and Exchange Commission, or any other -Governmental Authority having jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Agreement and any Franchise shall be submitted upon request to the County. Copies of responses from the Governmental Authority to the Operator shall likewise be furnished upon request to the County. B. Annual Reports: 1. The Operator shall within ninety (90) days of each calendar year end, submit a written 'end of the year report to the County with respect to the preceding calendar year containing the following information: a. A summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in development of the Cable System, including but not limited to Cable Services commenced or discontinued during the reporting year; 46 b. A list of the Operator's officers, members of its board of directors, and other principals of the Operator; and c. A list of stockholders or other equity investors holding thirty (30) percent (30%)or more of the voting interest in the Operator. C. Reports Available for Inspection: All reports required under this Agreement, except those required by law to be kept confidential and any confidential, proprietary, trade secret and/or privileged information, shall be available for public inspection in the Operator's offices during the hours of 9:00 a.m. to 5:00 p.m.,Monday through Friday. D. Operator's Expense: All reports and records required under this Agreement shall be furnished at the sole expense of the Operator, except as otherwise provided in this Agreement. XII. RIGHT TO PURCHASE A. The County's Bight to Purchase System: Except for a sale, transfer, or ether conveyance by the Operator to an Affiliate, the County shall have a rightof first refusal to purchase the Cable System in the event the Operator receives a bona fide offer which has been accepted by the Operator, subject to the County's rights under this Agreement. The price to be paid by the County shall be the amount provided for in the bona fide offer, including the same terms and conditions as the bona fide offer. The County shall notify the Operator of its decision to purchase within the forty-five (45)clays of the County's receipt from the Operator of a copy of the written bona fide.offer and such other relevant and pertinent information as the County shall deem reasonably appropriate. The County's failure to respond within said 45-day period shall be deemed to constitute the County's election not to purchase the Cable System. B. Purchase by the County Upon Expiration or Revocation. Upon the expiration, cancellation, revocation or termination of the Franchise granted by this Agreement for which the County has lawfully denied renewal under Applicable Law, the County shall have the right to purchase the entire Cable System, in accordance with Applicable Law, upon the payment to the Operator of the then-existing fair market value of the Cable System determined on the basis of generally accepted appraisal principles (exclusive of any value attributable to the Franchise itself). C. Abandonment or.Removal of Equipment: I. The Operator shall not abandon any portion of its Cable System without giving at least three (3) months prior written notice to the County. The Operator shall not abandon any portion, of the Cable System without compensating the County for any damages resulting to the County from the abandonment. 2. The County,upon such terms as the County may reasonably impose, may give the Operator permission to abandon, without removing, any System facility or equipment laid, directly constructed, operated or maintained in, on, under or over the Franchise Area. Unless such permission is granted or unless otherwise provided in this Agreement, the Operator shall 47 remove all abandoned facilities and equipment upon receipt of written notice from., the.County and shall restore any affected street to its former state at the time such facilities and equipment were installed, so as not to impair its usefulness. In removing its plant, structures and equipment, the Operator shall refill, at its own expense, any excavation made by or on behalf of the Operator and shall leave all Streets and other public ways and places in as good condition (per the County's standard procedures for the same) as that prevailing prier to such removal without materially interfering with any electrical"or telephone cable or other utility wires, poles or attachments. The County shall have the right to inspect and approve the condition of the Streets, public ways, public places, cables, wires, attachments and pules prior to and after removal according to the County's usual standards and procedures. The liability, indemnity and insurance provisions'of this Agreement and any Security Fund provided for in this Agreement shall continue in full force and effect during the period of removal and until full compliance by the Operator with the terms and conditions of this Section. 3. Upon abandonment of any .Franchise property in place, the Operator, if required by the County, shall submit to the County a bill of sale and/or other an instrument, reasonably satisfactory in form and content to the County, transferring to the County the ownership of the Cable System property abandoned. 4. At the expiration of the term for which the Franchise is granted, or upon its earlier revocation or termination, as provided for in this Agreement in any such case without renewal, extension or transfer, the County shall have the right to require the Operator to remove, at its own expense, all above-ground portions of the Cable System from all Streets and public ways within the County within a reasonable period of time, which shall not be less than one hundred eighty (180)days, except to the extent the Operator is authorized or utilizing the System pursuant to Applicable Law. 5. Notwithstanding anything to the contrary set forth in this Agreement, the Operator may, with the consent of the County, abandon any underground Franchise property in place so long as it does not :materially interfere with the use of the Street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable operator. D. Extended Operation and Continuity of Service. Upon the expiration, revocation or termination of the Franchise, the Operator shall, upon request of the County, continue to operate the Cable System for a period of time not to exceed six (6) months from the date of such expiration, revocation or termination under the terms and conditions of this Agreement and the Franchise and to provide the regular Subscriber service and any and all of the services that may be provided at that time. XIII. MISCELLANEOUS PROVISION'S A. Conflict with and Amendment of Ordinance: All of the terms, conditions, and provisions of the Franchise shall be deemed to be embodied in the Ordinance and this Agreement, and, in the event of any conflict, the express terms of the Ordinance, as amended, shall prevail over conflicting or inconsistent provisions in the Agreement, provided that the Ordinance shall not, without Operator's consent, alter the terms of Sections I (except for 48 , subsection (B), Affiliate and (CC), Transfer) II(B); H(C); IV(I); V(B); V(C); V(F); VI(A) - VI(G);X(A); (B)or X(C). B. No Discrimination: In the offering of its services, the Operator shall not discriminate between offerees, including without limitation in the use of discounts (except as otherwise expressly provided herein) and/or free or promotional packages based upon income levels and/or area of residence within the County. C. Unbundling: In the event that the Operator shall, during the term of the Franchise, bundle or combine Cable Services with non-Cable Services, it shall also offer all such Cable Services separately without the necessity of purchasing non-Cable Services. D. Receivership and Foreclosure: 1 The Franchise granted hereunder shall at the option of the County, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to tape over and conduct the business of the Operator, whether in a receivership, reorganization,bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have leen vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) clays after their election or appointment, fully complied with all the terms and provisions of this Agreement and the Franchise granted pursuant hereto, and the receivers or trustees within said one hundred twenty (120) days shall have remedied all the defaults and violations under the Franchise and/or this Agreement or provided a plan for the remedy of such defaults and violations which is satisfactory to County, and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the Franchise and this Agreement. 2. In the case of a foreclosure or other judicial sale of the Franchise property or any material part thereof, the County may give notice of termination of any Franchise granted pursuant to this Agreement upon the Operator and the successful bidder at such sale, in which the event the Franchise granted and all rights and privileges of the Operator hereunder shall cease and terminate thirty (30) days after such notice has been given, unless (1) the County shall have approved the transfer of the Franchise in accordance with the provisions of the Franchise and this, Agreement, and (2) such successful bidder shall have covenanted and agreed with the County to assume and be bound by all tears and conditions of the Franchise. E. Franchise Renewal: Franchise renewal, if any there should be, shall be in accordance with Applicable Law and the Cable Ordinance. The County and the Operator, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. To the extent consistent with Applicable Law and the Ordinance, a reasonable non-refundable renewal application fee in an amount established by the County may be required to accompany any renewal application to the extent consistent with Applicable Law, provided that (1) the amount of such a fee shall be reasonably related to the County's cost incurred in handling the renewal request and negotiations and (2) the same fee shall be applicable to all similarly-situated 49 _._.. franchises, provided that the Operator shall not be required to elect whether or not to renew the Franchise prior to a date which is more than thirty-six (36) months prior to the expiration date of the Franchise granted hereunder. F. Severability: 1f any provision of this Agreement is held by any Governmental Authority of competent jurisdiction, to be invalid or unenforceable as conflicting with any Applicable Law now or hereafter in effect, or is held by such Governmental Authority to be modified in any way in order to conform to the requirements of any such Applicable Law, such provision shall be considered a separate, distinct, and independent part of this Agreement, and such holding shall.not affect the validity and enforceability of all other provisions hereof. In the event that such Applicable Law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflictwith such law, said provision shall thereupon return to full force and effect and shall thereafter be binding on the County and the Operator, provided that the County shall give the Operator thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for the Operator to comply with such provision. If the terms of this Agreement are materially altered due to changes in Applicable Law, then the parties shall negotiate in good faith to reconstitute this Agreement in a form that, to the maximum extent possible, is consistent with the original intent of Operator and the County and preserves the benefits bargained for by each party. Operator shall have no liability'for any violation or non-compliance of any such invalid, unenforceable, repealed, amended or rescinded law or provision during any period of invalidity, unenforceability, repeal, amendment or rescission of the subject law. G. Preemption: In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Agreement, then, subject to the County's right under subsection (lvM), the provision shall be read to be preempted to the extent and for the time,but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the County, provided that if reasonably necessary, Operator shall have a minimum of sixty (60) days in which to comply with the previously preempted provision. H. Compliance with Federal and State Laws: Both parties shall, at all times during the term of this Franchise Agreement, including any extensions thereof, comply with all applicable federal, state, and local laws and regulations. 1. Farce Majeure, In the event the Operator's performance of any of the terms, conditions or obligations required by this Agreement or a Franchise granted hereunder is prevented by an unforeseeable cause or event not within the Operator's reasonable control, such inability to perform shall be deemed excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof provided the Operator has notified the County in writing within ten (10)business days of its discovery of the occurrence of such an event. 50 __ The Operator shall not be excused from any violation of the terms, provisions and conditions of this Franchise, except for causes which are beyond the reasonable control of the Operator. In the event of any such force majeure occurrence, Operator shall perform to the maximum extent possible. Except as otherwise provided above, violations caused exclusively by acts or omissions by the County or its officers, agents or employees shall constitute an excuse and justification for failure of the Operator to comply with the terms, provisions and conditions of this Franchise, precluding a determination that the Operator is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the Operator from other unrelated violations, shield the Operator from a determination that it is in breach for such other unrelated violations, or bar any relief for damages or otherwise as a result of such other unrelated breach. Examples of circumstances beyond the control of the Operator which will excuse the Operator from violation and being in breach of the terms, provisions and conditions of this Franchise, when such violations are caused thereby, include the following: strikes, acts of public enemies; orders by military authority; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; floods; civil disturbances; explosions; partial or entire failure of utilities; delays in obtaining inspection: by the County inspectors of more than one (1) business day (provided that the request for such inspection shall have been given by the Operator in a commercially reasonable manner within regular business hours of the County) and Acts of God. J. Notices: All notices, reports or demands required or permitted to be given under this Agreement shall be in writing and shall be deemed to be given when delivered personally to the party designated below, or when delivered by the United States mail in a sealed envelope, with registered or certified mail, postage prepaid thereon, or delivered by express mail or nationally recognized overnight air courier addressed to the party to which notice, report or demand is being given, as follows: If to the County: CONTRA COSTA COUNTY 10 Douglas Drive, Suite 210 Martinez, CA 94553-4079 If to the Operator: SEREN INNOVATIONS,INC. Attention: President/CEO 15 South Fifth Street Suite 500 Minneapolis, MN 55402 Such addresses may be changed by either party upon notice to the other party given as provided in this Section. K. Time of Essence: In determining whether a pang has substantially complied with this Franchise Agreement, the parties agree that time is of the essence. 51 L. Captions and References: 1. The captions and headings of sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement. 2. When any provision of the Cable Ordinance is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the Cable Ordinance or County law that may also govern the particular matter in question. M. Rights Reserved to the County: 1. In addition to any rights specifically reserved to the County by this Agreement, the County reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the Franchise. 2. The County shall have the right to waive any provision of the Franchise to be performed by Operator, except those required by Applicable Law, if the County, in its reasonable opinion, determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Operator or the Subscribers. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the Franchise unless the statement so recites. 3. Notwithstanding any other provision in this Agreement, nothing in this Agreement shall preclude the County from exercising its police powers to enact, amend or supplement any law or regulation governing cable communications within the County. N. Operator Bears Its (awn Costs: Unless otherwise expressly provided in this Agreement, all acts that the Operator is required to perform roust be performed at the Operator's own expense. O. County Bears Its Own Casts: Unless otherwise expressly provided in this Agreement, all acts that the County is required to perform must be performed at the County's own expense. P. Entire Agreement: This Agreement embodies the entire understanding and agreement of the County and the Operator with respect to the subject matter hereof and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the County and the Operator with respect to the subject matter hereof, including, without limitation, any and all written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the County or the Operator. Q. Adequacy and Sufficiency of Consideration: The parties hereto expressly declare and agree that adequate and sufficient consideration has been provided for each and every promise, covenant,commitment and undertaking contained in this Agreement. 52 _........ ..................... ......... ._._..... 11.11 _ ... ............ ..._.__..... . ......... ......... .......... ........_.. _........ .................. .. ....... . ......... .......... R. Possessory Interest Taxation: The County hereby declares, pursuant to California Revenue chi Taxation Code section 107.6, that as a.result of this Agreement, a possessory interest subject to property taxation may be created and any such property interest may be subject to property taxation if it is created. The Operator, as the party in whom the possessory interest will be vested, may be subject to the payment of property taxes levied upon such an interest. S. Representations and Warranties of the Operator's Signatories: Each of the Persons executing this Agreement on behalf of the Operator do affirmatively represent and warrant as follows: 1. That this Agreement and the resulting contract constitute a valid and binding obligation, as to each and every term thereof, enforceable against the Operator in accordance with the terms thereof, 2. That the execution and delivery of this Agreement has been duly authorized and approved by the Board of Directors of the Operator; 3. That the persons who have executed this Agreement on behalf of the Operator are duly authorized to do so by all necessary action; and 4. That the execution and delivery of this Agreement does not violate any provision of the by-laws and/or Articles of Incorporation of the Operator's corporation. T. Jurisdiction of California Courts and Waiver of Diversity Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws rules or principles. In the event that suit is brought by any party, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of Contra Costa, or, in the event of a "federal question"in the United States District Court for the Northern District of California. Moreover, the Operator expressly consents to service of process pursuant to California Code of Civil Procedure Section 416.10 at the office of Operator's registered agent for service of process as to any action arising under or purporting to rise under this Agreement and the Operator expressly declares and agrees that, for the purpose of any action arising under this Agreement and for no other purpose, its principal place of business shall be deemed to be within the State of California, and that it shall not assert otherwise in connection with any claim of "diversity of citizenship" under 28 U.S.C. Section 1441(b). U. Rights of Individuals: 1. The Operator shall not deny Cable Service, deny access, or otherwise discriminate against Subscribers, Channel users, or general citizens on the basis of race, color, religion, disability, national origin, age, gender or sexual preference. The Operator shall comply at all times with all other Applicable Law,relating to nondiscrimination. 2. The Operator shall adhere to the applicable equal employment opportunity requirements of Applicable Law, as now written or as amended from time to time. 53 3. Neither the Operator, nor any Person, agency, or entity shall, without the Subscriber's consent, tap or arrange for the tapping of any cable; line, signal input device, or Subscriber outlet or receiver for any purpose except routine maintenance of the System, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. 4. In the conduct of providing its Cable Services, the Operator shall take reasonable steps to prevent the invasion of a Subscriber's or general citizen's right of privacy or other personal rights through the use of the System as such rights are delineated or defined by Applicable Law. The Operator shall not, without lawful court order or other applicable valid legal authority, utilize the System's interactive two-way equipment or capability for unauthorized personal surveillance of any Subscriber or general citizen. 5. No signals of a Class IV Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of a Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. The written permission must be for a limited period of time not to exceed one year, which is renewable at the option of the Subscriber. No penalty may be invoked for a Subscriber's failure to provide or renew the authorization. The authorization is revocable at any time by the Subscriber without penalty of any .kind. The permission must be required for each type or classification or Class IV Channel cable communications activity planned. a. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal including but not limited to the lists of the names and addresses of the Subscribers or lists that identify the viewing habits of Subscribers may be sold or otherwise made available to any Person other than to the Operator and its employees for internal business use, or to the Subscriber who is the subject of that information, unless the Operator has received specific written authorization from the Subscriber to make the data available. b. Written permission from the Subscriber must not be required for conducting System 'wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of this information is subject to the provisions of this Agreement. 6. In the offering of its services, the Operator shall not discriminate between offerees, including without limitation in the use of discounts (except as otherwise expressly provided herein) and/or free or promotional packages based upon income levels and/or area of residence within the County. V. Ownership of the Operator: The Operator represents to the County that the names of the shareholders, partners, members or other equity owners of the Operator and of any of the shareholders, partners, members and/or other equity owners of the Operator as of the date of this Agreement are as set forth in Exhibit C hereto. 54 AGREED TO THIS DAY OF . 2002. CONTRA COSTA COUNTY SEREN INNOVATIONS,INC., a Minnesota corporation By: By: Chair, Board of Supervisors Keith Wietecki,President and CEO ATTEST.JOHN SWEETEN Clem of the Board of Supervisors And County Administrator By. By: Deputy Clerk Jim Gamble, Vice President Strategic Planning and Administration RECOMMENDED FOR APPROVAL.: John Sweeten,County Administrator By: Patricia Burke, Cable TV Administrator APPROVED AS TO FORM: Silvano B. Marchesi,County Counsel By: 55 EXHIBIT A MAPS 56 s s i i 3 NNAw>;a 3 C I C� 1 m �a AwN' eC {k 7 Z f Y i f 1 t l i i t I Wq ` ai - tip AM �'"....-'s • iii f 'k� ���:, 1 .��t11•",#►'iRi"-'".4i0�' �i�ll:�l?�iwr. �i� ".A! �f.,,.�.�, ?1C I?��!! !'.�` �. -.* i'�'�w$�"*'�'r" far o� �t� ,y� �. �� w� -,.... •l\ V �`i�• � ^' rl .iii r �s,,�iiOWW # i 1 •_.. •:..I, 1� -'a1.1 � � :�� � c +�FFi/.. - .,ta - - _ ..'�...n,..,R.-�`«�w �c!i� .yl►� argil � � w-'� - }- .� �1�#►R '�s -.�lr« ar ��.I f�-s� r �r �r.-' �•--�►- ���. ANN Y ►! , .fir r lI /±� .��� `° nn ed F R► �` G� ..,,y .- ...;�� ep R4.� rte,=+ `� • �►" .. /j.� ��; , - ?�T��•.eraY'��Rai`AMO Sy"� �n � �� ■ AM gf 'op '� �•`�+.`�'kl'� ± '�aq?*Rr. cY.j,�V`.s�'"Kew MR '»�., 1TV F 0 Me Ai MOT 1W Allt-W, {{ v• ���ssa�f �� l� •��"��r �"��� �nf*.�'`�'�f,�'�o`k*�y' �r�e��i.v.�iw`r ,��� �i +*' � � ', _-.F-"`��"T' • £ r s � i EXHIBIT B— COUNTY FACILITY I-NET SITES 1 lWalnut Creek Library__ 1644 N. Broadway Walnut Creek 2 Y ncio Valley Libra 2661 Oak Grove Road Walnut Creek 3 Fire Station 1 1330 Civic Drive Walnut Creek 4 Fire Station 3 1520 Rossmoor Parkway Walnut Creek 5 Fire Station 4 7909 Hawthorne Drive Walnut Creek 6 Fire Station 7 1050 Walnut Avenue Walnut Creek 7 Court House 640 Y nacio Valley Road Walnut Creek 8 Court House 2970 Willow Pass Road Concord COUNTY FACILITIES FOR CABLE TV AND INTERNET CONNECTIONS ConcordPublic Health Clinic 2355 Stanwell Lane Concord District 4 Supervisor's Office 2425 Bisso Lane, Suite 210 _Concord j WALNUT CREEK AND CONCORD LIBRARIES Concord Library 2900 Salvio Concord Walnut Creek Librar y 1644 N. Broadway Walnut Creek Y nacio Valley L brary 2661 Oak Grove Road Walnut Creek COUNTY FIRE STATIONS Fire Station 6 2210 Willow Pass Road Concord Fire Station 8 4647 Clayton Road Concord Fire Station 10 2955 Treat Blvd. Concord Fire Station 22 5050 C stat Ranch Concord Fire Station 1 1330 Civic Drive Walnut Creek Fire Station 3 1520 Rossmoor Parkway Walnut Creek Fire Station 4 7909 Hawthorne Drive Walnut Creek Fire Station 7 1050 Walnut Avenue Walnut Creek 57 EXHIBIT B - PUBLIC SCHOOLS Mt. Diablo Unified School District 1936 Carlotta Drive Concord ' Ayers Elementary 5120 Myrtle Drive Concord Cambridge Elements School 1135 Lacey Lane Concord El Monte Elementant School 1400 Dina Dr. Concord Holbrook Elementary School 3333 Ronald Way Concord Highlands Elementa School 1326 Pennsylvania Blvd. Concord Meadow Homes Elementary____ 1371 Detroit Ave. Concord Monte Gardens Elementary School 3841 Larkspur Drive Concord Mountain View Elementary School 1705 Thornwood Dr. Concord Silverwood Elementa 1649 Cla cord Ave, Concord Sun Terrace Elementary School 2448 Floyd Lane Concord Westwood Elementary School 1748 West St. Concord Woodside Elementa School 761 San Simeon Drive Concord Wren Avenue Elementa School 3339 Wren Avenue Concord Y natio Valley Elementary School 2217 Chalomar Rd. Concord El Dorado Middle School 1750 West St. : Concord i Glenbrook Middle School 2351 Olivers Rd. Concord Oak Grove Middle School 2050 Minert Rd. Concord Pine Hallow Middle School 5522 Pine Hollow Rd. Concord Cla on Valle Hi h School 1101 Alberta_W_qy.. Concord Concord High School 4200 Concord Blvd. Concord Mt. Diablo High School 2450 Grant Avenue Concord O! m is High School 2730 Salvio St. Concord s Bancroft Elementaa 2200 Parish Drive Walnut Creek Buena Vista Elementary 1 2355 San Juan Avenue ' Walnut Creek Indian Valley Elementaa 551 Marshall [give Walnut Creek Murwoed Elementary 2050 Vanderslice Ave. Walnut Creek Parkmead Elementary 1920 Magnolia Way Walnut Creek Valle Verde Elementary 3275 Peachwillow Lane Walnut Creek Walnut Acres Elementary 1801 Cerezo Drive Walnut Creek Walnut Heights Elementary 4064 Walnut Blvd. Walnut Creek Foothill Middle School 2775 Cedro Lane Walnut Creek Walnut Creek Intermediate 2425 Walnut Blvd. Walnut Creek Las Lamas High School 1460 South Main Street Walnut Creek North ate High School 425 Castle Rock Road Walnut Creek i Y naclo Valley High School 755 Oak Grove Road Walnut Creek Golden Gate University 801 Y natio Valley Road Walnut Creek John F, Kennedy University 547 Ygnacio Road Walnut Creek School of Law John F, Kennedy University 1250 Arroyo Way Walnut Creek School of Management Acalanes Adult Education Facility 1963 Tice Valley Blvd. Walnut Creek 58 EXHIBIT C Ownership of the Operator Seren Innovations, Inc. dba Astound Broadband is a wholly owned subsidiary of Xcel Energy Communications Croup Inc. Xcel Energy Inc. (NYSE:XEL) is a prominent U.S. electric and natural gas utility with annual revenues of nearly $7 billion and operations in 12 Western and Midwestern states. Xcel Energy provides a complete portfolio of energy-related products and services to 3.1 million electric customers and 1.5 million natural gas customers. Subsidiaries include: Black Mountain Gas, Cadence, Eloigne, Energy Master, Natrogas, Natural Fuels, NRC Energy, Inc., Planergy Group, Quixx, Astound Broadband, Utility Engineering, Viking Gas and Xcel Energy International. 59 Gontra Gosto Gounty z��P� e�ds sane Na.:h «tau°a:, Nk N862 Gable System Survey December 2003 �w.�rapvreo��.�or� Brat -- Confidential This document presents data, analysis and interpretation of study findings by Croup W Communications, L.L.C. It is intended for the use of The Ruske Group and Contra. Costa County. Contra Costa County Cable Survey- December 2043 (DRAFT-- CONFIDENTIAL) Table of Contents Introduction & Study Methodology...................................................................I Summaryof Findings.........................................................................................2 Unabridged Frequencies..................................................................................3 Crosstabs......................................................................................................4 • Age & Income + Length of Subscription, Ethnicity & Gender SurveyInstrument..............................................................................................5 Contra Costa County Cable Survey- December 2403 (DRAFT-- CONFIDENTIAL) Introduction & Study Methodology .During the period December 8 — December 22, 2003, 406 completed interviews were conducted by telephone survey. Interviews were administered to a sample of residents (both subscribers and non-subscribers) in the Comcast service area of Contra Costa County drawn at random from active residential telephone listings. The telephone interviews were conducted utilizing computer assisted telephone interviewing and data collection methods with trained, professional telephone interviewers and validated by onsite supervisors. The survey was designed to allow for analysis of the entire sample and also to allow for cross tabulation analysis utilizing various demographic information provided by the respondents. The margin of error for sample wide analysis using a random sample of this type and size is approximately 4.95% at the 95% level of confidence, meaning that in 95 out of 100 cases, the responses indicated will be within +/-4.95% of the responses if the entire universe (all households in the Comcast service area of Contra Costa County with a residential phone listing) were interviewed. The margin of error for analysis of any sub-samples will be greater. As with all survey research, when reviewing these data, care must be taken to draw inferences only to the universe sampled, specifically, households in 1 Centra Costa County Cable Survey -December 2003 (DRAFT-- CONFIDENTIAL) Contra Costa County that are subscribers to the Comcast cable TV system and households that are not subscribers to the cable system. It is also important to note that the very nature of survey research is such that respondents' opinions and attitudes, while statistically valid within the margin of error quantified above, are measured at a particular point in time, similar in concept to a photographic "snapshot." As a respondent's information, knowledge and field of reference change so, too, may the respondent's opinions and attitudes regarding the subjects and areas tested. It is, therefore, useful and valuable to undertake future comparative measurements to get a more complete longitudinal picture of the sample universe and to use a variety of research methods or "tools" to gain a more in depth understanding of opinions and attitudes. It is also frequently useful to review survey results in light of other data from this and other communities. For example, in almost all cable surveys with which we are familiar, a substantial majority of subscriber respondents rank cable service as "excellent" or "good," as might be expected given that subscribers by definition consider the service valuable enough to continue paying to receive it. However, the level of satisfaction and dissatisfaction can vary from community to community, and can be revealing. This report does not provide direct cross-community comparisons, and so readers must be cautious in drawing unjustified conclusions from the results of the survey. Finally, the interviews were inspected and the data imported to allow for computerized statistical analysis, graphics and table production. 2 Contra Costa County Cable Survey - December 2003 (DRAFT•- CONFIDENTIAL) Summary of Findings In addition to basic subscriber and demographic information, this telephone survey of residents in Contra Costa County included questions regarding cable television reception duality, customer service issues (including questions relating to telephone response, repair of technical problems and billing concerns), the viewership patterns and importance of local programming, and a series of questions regarding the desirability of possible future services. Non-subscribers were also interviewed and asked why they don't subscribe. General Observations + In general, cable subscribers are very satisfied with the quality of the picture and sound,providing bills that are accurate and easy to understand.providing cable service with few or no interruptions and the overall quality of the cable programming services, as 98.7%, 85.8%, 84.7% and. 82.2% of the subscriber-respondents, respectively, rated these areas of service as "good" or "very good." The item that received the lowest rating from the respondents with an opinion was the overall value of the cable TV service, which was rated "good°' or "very good" by 49.5% of them. + The subscriber base appears to be quite stable, with 63.4% of the subscriber-respondents having been with the cable system for 10 years or longer. About one out of 20 have been subscribers for under one year. + Of those subscriber-respondents who had telephoned the cable company in the last year and were put on hold, 61.9% felt that they were on hold for one minute or longer. 15.2% indicated they were on hold for less than 30 seconds. + 47'% of all subscriber-respondents report having watched Contra Costa Television (CCTV). Of those who have watched CCTV, 40.1% said they tune in at least monthly. 3 Contra Costa County Cable Survey -December 2003 (DRAFT-- CONFIDENTIAL) • 28.4% of subscriber-respondents believe the organizations they are involved with either would be or might be interested in having programs about their activities and. services shown on local cable channels. • More than two-thirds of subscriber-respondents believe it is either "important'' or "very important" to have local cable channels that feature programs about Contra Cost County residents, organizations, events, schools and government. When they were asked how much of their monthly cable bill should go to support such programming, the average of all responses was $4.81. • About two-thirds of the subscribers said that they had a computer in their home that is used to access the Internet. Of those who access the Internet, 28.4% said they do so by subscribing to the cable company's high speed Internet connection service. Of those who subscribe to this service, 82% rate the service as "good" or "very good." Of those who do not subscribe to the broadband service, the most commonly given reason (44.6%) was "too expensive." • Less than one-third of the subscriber-respondents think that more channels should be offered than are currently available. • Almost half of all respondents, when asked about the importance of receiving several different types of government and community information and services through the cable system., rated all six services tested as "important" or "very important." Access to public safety information was rated as "important" or "very important" by 70% of the respondents. This was followed by access from Borne to government information and the ability to vote, renew your driver's license or obtain permits, which were rated as "important" or "very important" by 54.9% and 54.7%, respectively. • When asked about receiving several different commercial services, well over one-fourth (28.6%) rated movies on demand as "important" or "very important." 21.4% and 19.5%, respectively, rated video teleconferencing and telephone service as "important" or "very important." Almost three out of 10 of those respondents who believe these services to be important or very important are willing to pay extra to receive them. 4 Contra Costa County Cable Survey-December 2003 (DRAFT•- CONFIDENTIAL) Subscriber Information About nine out of 10 (9O.1%) of the respondents in Contra Costa County indicated that they "currently subscribe to a cable TV service." Almost two- thirds (63.4°,fit,) of these subscriber-respondents indicated they have subscribed to a cable TV service for over 10 years. 21.1% indicated they have been subscribers for between one year and 10 years, and 5.5% have been subscribers for less than one year. The following graph illustrates this. How tang have you subscribed to cable TV in Contra Costa County? 1 LESS THAN 1 YEAR , BETWEEN 1 AND 5 i YEARS 99A% ETWEEN 5 AND 10 OVER 90 YEARS YEARS 63.4% 12.0% - Contra Costa County Cable Survey -December 2003 (DRAFT -- CONFIDENTIAL.) General Quality & Service Issues Subscribers were asked a series of questions to gauge levels of satisfaction with a number of service and quality issues. Receiving the highest number of combined "good"!"very good" responses was "the quality of the picture and sound you receive at home" with 93.7%. No other issue tested received over 90% combined "good"l"very good" responses. Issues receiving 80% or more "good"/"very good" responses were `providing bills that are accurate and easy to understand"with 85.8%, "providing cable service with few or no interruptions" with 54.7% and "the overall quality of the cable programming services" with 82.2%. Issues receiving 70% or more "good"I"very good" responses were "providing a good variety of programming services" with 76.2%, "quickly restoring service when it goes out"and. "keeping you informed about changes in your service" with 71.6% and 71.3%, respectively. "Providing courteous staff who are readily available when you need assistance"received 68% combined "good"1"very good" responses. Just under half of the respondents (49.5%) gave combined "good"/"very good" responses to "the overall value of the cable TV service." The graphic representation for all 10 quality and service issues is provided on the following page. 6 Centra Costa County Cable Survey-December 2103 (DRAFT-- CONFIDENTIAL) For each item, please rate the cable company's performance. ®The quality of the picture and sound you receive at � home 8 Provi ft cable service with few or no irrternrptiorrs ; i 13 Quiddy restoring service when it goes out ' i I 0 Providing a 000d variety of woarmninina servicers 100% 90% leo% 7tN36-+ i 60%! i I 50%- 4{?46- 3MT m r .r 10%4.1 0%, Goo&Very Good Fair PoorNery Roar Dont Know WA *Keeping you informed about changes in your service *Providing courteous staff who are readily available when you need assistance MArtiving at a fair resolution of disputes ®The overall quality of the cable programming services IN The Overall value of the cable TV service t � WWI ar 70%- 40%-, 30% o%-40%- 30% 20% 0%- Good/Very ui{T Good/Very Good Fair Poor/Very Poor Don't Know WA 7 Contra Costa County Cable Survey -December 2003 (DRAFT-- CONFIDENTIAL) Cable Customer Service & Cable Technician Contact Cable subscribers were asked a series of questions regarding any contact they may have had with company representatives by phone or with cable technicians in person. Just under half(48.6%) of the subscriber-respondents indicated that they had tried to telephone the cable company during the past year. These subscriber- respondents were then asked a series of questions regarding the ease or difficulty in"getting through" and speaking with someone. About eight out of 10 (80.9%) of these respondents indicated that they got through. The graph below illustrates. When you last tried to telephone the cable company, were you � able to get through to a company representative right away or not? DIDN'T GET THROUGH 13.5'% DON'T KNO 0.6% GOT THROUGH DON'T 80.9% REMEMBER 5.1% } 8 Contra Costa County Cable Survey -December 2003 (DRAFT-• CONFIDENTIAL) These subscriber-respondents were then specifically asked if they had been placed on hold when telephoning the cable company during the past year. 59% of the subscriber-respondents who had tried to telephone the cable company during the past year said that their call was put on hold. As shown below, when asked to estimate the length of time that they were kept on hold, 15.2% of these respondents said that they were on hold for less than 30 seconds. 20% said they were on hold for between 30 seconds and one minute and 61.9% said they were on hold for more than one minute or were never connected. Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or mora than five minutes, or were you never connected? i - 5096 45% f 40% 30% 25%- 20.0% 15.2% I 13.3% 1596 i 10% 1. '.0% 1.996 i 5% € 095 LESS THAN 30 30-60 1-5 MINUTES MORE THAN 5 NEVER DON'T KNOW DON'T SECONDS SECONDS MINUTES CONNECTED REMEMBER j Since a high percentage of affected respondents said they were kept on hold for longer than 30 seconds (thereby e=eeding the.FCC's standard), further investigation of this matter is warranted. 9 Contra Costa County Cable Survey- December 2003 (DRAFT--CONFID1♦NT AL) Subscriber-respondents were also asked several questions regarding service calls that were made to their home. About three out of 10 (30.6%) of cable subscribers report having had a cable technician "visit their home to install a new service or make a repair during the past year." Of those individuals who reported such a visit, four additional questions were asked regarding the timing of the appointment and one question regarding the success of the repair or installation. Just under half(48.2%) of the subscriber-respondents requesting a service call said they were offered an appointment in 24 hours. Over two-thirds (69.6%) said they were offered an appointment in the morning, afternoon or evening, 49.1% said they were offered an appointment on Saturday, and about nine out of 10 (90.2"/x) indicated that the cable technician Dept the scheduled appointment. If YES to cable technician visit: M Were you offered an appointment that was within 24 hours of the time that you called for service? BEd Were you offered a choice of a morning, afternoon, or evening appointment? I Ci Were you offered a choice of a saturday appointment? 0 Did the cable company technician keep the scheduled appointment? 104%, 9 ' 3o%-i So46 � 7a%] I 6, 5Q%4 rQ RUT A � 30% g Rj 20% r o% Yes No [don't Know Don't Remember 10 Camra Costa County Cable Survey - December 2003 (DRAFT-- CONFIDENTIAL) About eight out of 10 (80.4%) of subscriber-respondents requesting a service call to their home indicated the problem was fixed in one visit, 13.4% said that two visits were needed and 2.7% said that three or more visits were needed or the problem was never corrected. How many visits to your home were needed before the cable company technician successfully completed your installation or made the repair? ONE 80.4% i t DON'T KNOWIDON'T REMEMBER 16% TWO 13.4% PROBLEM WAS i NEVER CORRECTED THREE f1.9 6 OVER THREE 1.8% 0.0% 11 _ Contra Costa County Cable Survey-December 2003 (DRAFT-- CONFIDENTIAL) Local Programming Subscriber-respondents were asked a number of questions regarding viewership of the Contra Costa Television (CCTV) local access channel. As - shown below, almost half(47%) of these subscribers report having "ever watched" this channel. Have you ever watched the"CCN--Contra Costa Television" YES channel? 1 47.0% i I i j DON'T REMEMBER DON'T KNOW NO 2.296 48.5% I Those who said they had "ever" watched this channel were then asked how often they watched during the past month. As shown below, about four out of 10 (40.1%) said they watched at least once a month. How often did you watch the CCTV channel during the past month? QO$6 .' ' SZ996 5096 40% 30% 2€% 90% 0.696 2.996 4196 DAILY 1-6 T[MES t 1-3TIMES t LESS THAN DON"f KNOW DONT ' WEEK MONTH MONTHLY REMEMBER f 12 Contra Costa County Cable Survey -December 2003 (CWT-- CONFMENTIAL) 55.2% of subscriber-respondents who said they had ever watched CCTV reported that the signal quality of this channel was equal to the signal quality of the other channels on the cable system. Just over four out of 10 (41.3%) of all subscriber-respondents said they have seen or would be interested in seeing "cable TV programs about Centra Costa County residents, organizations, events schools and government." 13.9% said that the organizations they are involved with would be "interested in having programs about their services and activities appear on a local cable TV channel." Another 15%% responded "maybe" or "don't know" to this question. Would the organizations that you are Involved with be interested in i having programa about their services and activities appear on a local cable TV channel? I j Maybe vonl Know Yes i 14.5% 4.5% 13.9% I 3 s I No � 71.0% i A little under one out of 10 (8.7%) of the subscriber-respondents indicated they would be interested in learning "how to make a program to show on a local cable TV channel using equipment provided free of charge." 13 Contra Cosh County Cable Survey-December 2003 (DRAFT--CONl IDENnAL) Subscribers were then asked how important "it is to have local cable TV channels that feature programs about Contra Costa county residents, organizations, schools and government." Just over two-thirds (67.7%) of all subscriber-respondents said it is either "very important" (18%) or "i portane (49.7%©) to have these cable channels. ' How important do you think it is to have local cable TV channels that feature prams about Contra Costa County residents, oganizations, events, schools and government? j 5£96 t 45%- 40%- 36%_ 594, 40% F 35% 1 30% E 20% I s% 5.296 9 3.3% 5'96 096 VERY IMPORTANT NOT VERY NOT DON'T KNOW IMPORTANT IMPORTANT IMPORTANT AT ALL t A question was then asked of subscribers to determine how much of their cable bill they felt should be set aside to support the development of these local cable TV programs. Well over half(54.91/6) of these subscriber- respondents indicated that some portion of their cable bill should go to support this programming. More than four out of 10 (45.4%) felt that one dollar or more per month should be set aside. The graph on the following page illustrates these findings. 14 Contra Costa County Cable Survey -December 2003 (DRAFT--CONFIDENTIAL) t How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Contra Costa County residents, organizations,events, schools and government? ONE DOLLAR 24.3% ? A DOLLAR FIFTY FIFTY Y GENTS 3.496 9.6% 1 TWO DOLLARS ? 16.9% DONTKNOW NOTHING 3.0% OTHER 41,$96 1.4% Finally, when all responses from subscriber-respondents are calculated to find the mean or average amount favored, the result is an average of$0.81. This was calculated using a value of$0.00 for those who said "nothing," "don't knew" or any other non-monetary response and using an average cable bill amount of$40.00 to calculate an amount for those respondents who gave an answer relating to a percentage of a bill (e.g., "ten percent," "one percent," etc.). 15 Contra Costa County Cable Survey -December 2003 (DRAFT-- CONFIDENTIAL) Subscribers & Non Subscribers Due to the very high penetration level of cable service in Centra Costa County, very few non-subscribers were interviewed. However, those respondents who indicated that they did not subscribe to the cable system were asked why they don't subscribe and what, if anything, would cause them to subscribe. Over four out of 10 (42.5%) of these non-subscriber respondents indicate they have a satellite receiver. 25% say that the cable service is "too expensive" and 15%Q indicate that they don't watch much TV. All responses from non-subscribers can be found under Tab 3. Iii Contra Costa County Cable Survey • December 2003 (DRAFT-- CONFIDENTIAL) Computer Ownership & Use Just over two-thirds of all respondents (67.7%) said that they have a computer in their home that is used to access the Internet. Do you have a computer in your home that is used to access the Internet? i NO 32.3% j YES 67.7% { Of those who said they access the Internet, about one-fourth (25.2%) access the Internet for under five hours in an average week, 27% access the Internet for between five and 15 hours per week, and 29.2% access the Internet for more than 15 hours per week. 11.7% said they have created a business or personal web site and 28.4% said they subscribe to the high speed Internet connection service offered by the cable company. Those respondents who subscribe to the high speed. Internet service were asked to rate the quality of the service. As shown on the graph on the following page, over eight out of 10 (82%) give it a rating of"good" or "very good" while 5.10 gave it a rating of"poor" or "very poor." 17 Contra Costa County Cable Survey-December 2003 (DRAFT--CONFIDENTIAL) Please rata your high speed Internet service from Comcast as follows. Very Good, Good, Fair, Poor, or Very Poor. i GOOD VERY GOOD 42.3% 38.7% FAIR DON'T KNOW POOR 7.7°06 VERY 1PC)C)R 2.6% I 2.6% � Finally, those respondents who access the Internet from their home computer, but don't subscribe to the high speed service offered by the cable company, were asked why. 40.6% said it was "too expensive" and about one- fourth indicated they utilize DSL and/or are satisfied with other providers. No other reason was given by more than 5.6% of these respondents. 18 Contra C€eta County Cable Survey -December 2003 (DRAFT-- CONFIDENTIAL) Future Services All respondents were asked one question about the number of channels offered on the cable system and two different series of questions regarding potential future services. Just under one-third (31.5%) of the respondents felt that the cable company should offer more channels, while over half(53%) of the respondents didn't feel the cable company should offer any more channels. Do you think the cable company should comer more channels than it currently provides? Qn 59,0% i 40% 9t596 { 30% 20% tct,696 4.996 1{3�3b s YES NO MAYBE DONT KNOW The first series of questions regarding potential future services was asked to determine the importance respondents placed upon the ability to access different types of government and community information and services. 18% of respondents rate both "access to public safety information" and the "ability to send and receive e-mail to teachers" as "very important," followed closely by the "ability to vote, renew your driver's license or obtain government permits from home" with 17.2%. 19 Contra Costa County Cable Survey - December 2003 (DRAFT-- CONFIDENTIAL) When the "very important!' and "important" responses are combined., "access to public safety information" is rated highest, receiving the support of 70% of all respondents, followed by "electronic access from home to government information" with 54.9% and the "ability to vote, renew your driver's license or obtain government permits from home" with 50.7%. The "ability to participate in interactive distance learning classes from home" and "electronic access from home to library resources" received similar ratings of 48.3% and 47.8%, respectively. Finally, the "ability to send and receive e-mail and information to and from teachers, administrators, and School Board members" received support from 45.8%. The graphs below and on the following page illustrate these results. Importance of certain services the cable company may provide in exchange for using public property. *Electronic access from home to library resources *The ability to vote, renew your driver's license, or obtain government permits from home OAbility to send and receive e-mail and information to and from teachers, administrators, and School Board members 35%-, j 26%-41 20% Z � i 4 E 10% I i � VEINY IMPORTANT NOT VERY NOT DONT KNOW IMPORTANT IMPORTANT IMPORTANT AT � ALL 20 Contra Costa County Cable Survey-December 2003 (DRAFT-- CONFIDENTIAL) Importance of certain services the cable company may provide in exchange for using public property. M Electronic access from home to government information ®Access to public safety information D Ability to participate in interactive distance teaming classes from home I 60%- 50%- Z th%5i)% Z 40% f� 31796 E f 2£t%-� r w ; w ! 1 VERY tMPORTANT NOT VERY NOT DON'T KNOW IMPORTANT IMPORTANT IMPORTANT AT I ALL i All of the respondents were then asked a final set of questions about future services to determine how important it was to receive each of.five different commercial services. No service tested was considered "very important" by more than one in 20 respondents. When both "very important" and "important" responses are combined, "Movies on demand" was the service most desired by respondents, with almost three out of 10 (28.6%) saying it was "very important" or "important." This was followed by "video teleconferencing" and "telephone service" with 21.4% and 19.5%, respectively, saying they were "very important" or "important" services. 17.7% said "interactive shopping" was very important" or "important." The graphs on the fallowing page illustrate. 21 Contra Costa County Cable Survey-December 2003 (DRAFT-- CONFIDENTIAL) How Important Is it to receive the following special services? Telephone service 1 i Not Very Important 32.395 Not Important Important 14.5% at All 35.5% Very Important Know 4.9% 12.8% Interactive shopong Interactive video games Doni Very Dont Very Krow I►�P� I� I Nd �t I tt Irtpatert 1.2% 1.0% ImpatatiNot at� Important Not Very 41.40% Ir rrt j at All Not Very �Q� 49.8% L I� Movies an demand Video�jy � ��econfive/ ng Darftvery 4.4% Irrlpo W I 1.7% 3.2% 117PW" Nat 18.2% Not IMPA1 rlt Nat Very at loll Irrpar#artat AN Not Very i 3Q5% 36.5% 44.1% I i I 32.8% Of those respondents who felt these services were either "very important' or "important," a follow up question was asked to determine if they would be "willing to pay an additional fee to obtain them.' Almost three out of 10 (27.2%) of these respondents indicated such a willingness, with an additional 40.6% indicating "maybe" or "don't know." 22 Centra Costa County Cable Survey-December 2W3 (DRAFT-- CONFIDENTIAL) Demographics Several demographic questions were asked of all survey respondents. In Contra Costa County, the age of the respondent, the level of household income, how long they have subscribed to cable TV and, to a slightly lesser extent, the ethnicity they most identify with consistently provided the most significant findings. These differences across age, income levels, length of subscription and ethnicity can be seen in the following graphs. General Quality & Service Issues Respondents who have subscribed to cable TV for 10 years or less tend to give better ratings when asked to rate the variety of programming services. Providing a goad variety of programming services x Length of Subscription ®10 Years or Less 0 Over 10 Years zft soy - � I go% I 70 60 40% 30%- 20% 10% Good/Very Good Fair Poor/Very Poor don`t Know As shown by the graph on the following page, these same respondents also tend to give better ratings to the overall value of the cable service. 23 The overall value of the cable TV service x Length of Subscription ®10 Years or Less ❑Over 10 Years a� 80%, � 40%1 30% 11 I 20% ri ::...:. 096 Good/Very Good Fair PoorNery Poor Don`t Know Local Programming 4s shown below respondents who have subscribed to cable TV for more than 14 years are more likely to have watched CCTV. Have you ever watched CCTV x Length of Subscription ®10 Years or Less 0 Over 10 Years E 60%, , 00 s 40%j i 30% 20% 10%- 0% . 0%0% . Yes No Don't Know/DoM Remember Younger respondents appear to show more interest, in general, in local access and programming issues. The graph on the following page is representative. 24 - Contra Costa County Cable Survey- )december 2003 (DRAFT-- CONFIDENTIAL) Irferested in local programming x Age ` 2 Wder 45 0145-54 1•:"155-64 M66+ 60%11 40%� 30'!0 20% ci ci 10% ' I `des No Dorft KnowlDonl Parmniber j .Future Services Younger respondents and respondents reporting higher levels of income are bath more likely to rate receiving a host of special services as important. The graphs below and on the following page are representative. Ability to send e-mail to teachers x Age 0 Under 45 0145 to 54 0 55 to 64 M65 or Cider so% 7'0% so% � 50% 40% 30% 20% , Very Important/important Not Very/Not important at All Don`t Known 25 Contra Costa County Cable Survey-December 2003 (DRAFT., CONFIDENTIAL) Ability to send"all to teachers x income � M Under$40,000 'I3$40 to$59,999 o$s0 to$99,999 M$100,000 or More i �r 70% 8096 40% { 30%� i I I 10% I 0% Very Important/Imponant Not very/Not Important at All Don't Know Respondents who identify themselves as Caucasian are less likely to be interested in receiving a host of government services. The following graph is representative. Ability to send e-mail to teachers x Ethnicity E Caucasian L'1 Cather E i f 70% 9 Q% mm 9 5t1% 40% 30%- 20%- 1W ff'dn20%1 Very Important/Important Not very/Not important at Don`t Know All 26 Contra Costa County Cable Survey-December 2003 (DRAFT-- CONFIDENTIAL) Finally, respondents who have subscribed to cable TV for 10 years or less are more likely to be interested in receiving a host of special services. The Mowing graph is representative. Telephone service x Length of Subscription 010 Years or Less 0 Quer 10 Years � 8t3% 70% I 60% a j 40% I 3 200/0 1t3% i o°rb Very In O tarp IffPOrW t 1Vcst VerylNaf InWrtarft at Al Doti Know A complete listing of all frequencies, including demographics, can be found under Tab 3. All cross-tabulation tables can be found under Tab 4. 27 Contra Costa County Cable Survey- December 2003 - The Buske Group DRAFT- Confidential Is your residence located in Contra Costa Coun ? Number Percent YES 406 100.0% NO/DON'T KNOW 0 0.0% Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Is your residence located within any one of the following areas: Pinole, San Ramon, San Pablo, Pittsburg, Marina Bay, Kensington, Hercules, El Cerrito, or the Concord Naval Weapons Station's Number Percent YES /DON'T KNOW 0 0.0% NO 406 100.0% Total 406 100.0% Missing Cases=0 Response Percent= 140.0% Do yqu live in Walnut Creek or Concord? Number Percent YES 116 28.6 % NO 294 71.4% Total 406 100.0% Missing Cases=0 Response Percent= 104.0% - How long have you lived in Contra Costa coupu? Number Percent LESS THAN 5 YEARS 58 14.3 % BETWEEN 5 AND 10 YEARS 37 9.1 % BETWEEN 10 AND 20 YEARS 86 21.2% OVER 20 YEARS 225 55.4% Total 406 100,0% Missing Cases=0 Response Percent= 100.0% Group W Communications, LLC Contra Costa County Cable Survey- December 2003 - The Buske Group DRAFT-Confidential Do you currently subscribe to a cable TV service? Number -Perent YES 366 90.1 % NO/DONT KNOW 40 9.9% Total. 446 100.0% Missing Cases=0 Response Percent= 100.0% Which cable TV service do you subscribe to: Cgmcast or Astound` Number Percent Comcast 366 100.0% Astound 0 0.0% Total 366 100.0% Missing Cases=44 Response Percent w 90.1 % .How long have you subscribed to cable TV in Contra Costa County? Number Percent LESS THAN I YEAR 20 5.5 % BETWEEN I AND 5 YEARS 70 19.1 % BETWEEN 5 AND 10 YEARS 44 12.0% OVER I4"'YEARS 232 63.4°10 Total 366 100.0% Missing Cases=40 Response Percent=90.1 % Group W Communications, LLC Centra Costa County Cable Survey- December 2003 - The Buske Group DRAFT- Confidential For each item,please rate the cable company's performance. VERY VERY DON'T GOOD GOOD FAIR POOR POOR KNOW N/A The quality of the picture and sound you 155 188 19 3 1 0 0 receive at home 42.3% 51.4% 5.2% 0.8% 0.3% 0.0% 0.0% Providing cable service with few or no 99 211 41 8 3 2 2 interruptions 27.0% 57.7% 11.2% 2.2% 0.8% 0.5% 0.5% Quickly restoring 61 201 52 18 1 13 20 service when it goes out 16.7% 54.9% 14.2010 4.9% 0.3% 3.6% 5.5% Providing a good.variety 81 198 58 19 8 2 0 of programming services 22.1% 54.1% 15.8% 5.2% 2.2% 0.5% 0.0% Providing bills that are accurate and easy to 106 208 27 10 1 11 3 understand 29.0% 56.8% 7.4% 23% 0.3% 3.0% 0.8°10 Keeping you informed about changes in your 65 196 54 18 7 16 10 service 17.8% 53.6% 14.8% 4.90/a 1.9% 4.4% 2.7% Providing courteous staff'who are readily available when you need 80 169 42 10 6 39 20 assistance 21.9% 46.2% 11.5% 2.7% 1.6% 10.7% 5.5% Arriving at a fair resolution of disputes (if you have had a dispute with the cable 6 8 11 3 3 90 245 company) 1.6% 2.2% 3.0% 0.9% 0.8% 24.6% 66.9% The overall quality of the cable programming 59 242 53 10 2 0 0 services 16.1010 66.1% 14.5% 2.7% 0.5% 0.0% 0.0% The overall value of the 27 154 126 51 4 4 0 cable TV service 7.4% 42.1% 34A% 13.9010 1.1% 1.1% 0.0% Group W Communications, LLC Contra Costa County Cable Survey-December 2003- The Buske Group DRAFT- Confidential Have you tried to telephone the cable company Luring the pastes Number Percent YES 178 48.6% NO 181 49.5 % DON'T KNOW 5 1.4% DON'T REMEMBER 2 0.5 % Total. 366 100.0% Missing Cases=40 Response Percent=90.1 % When you last tried to telephone the cable company, were you able to get through to a gpmpan r;�epresentative right away or not? Number Percent GOT THROUGH 144 80.9% DIDN'T GET THROUGH 24 13.5 % DON'T KNOW 1 0.6 % DON'T REMEMBER. 9 5.1 %a Total 178 100.0% Missing Cases=228 Response Percent=43.8% Group W Communications, LLC Contra Costa County Cable Survey- December 2003 -The Buske Group DRAFT-Confidential During the past year, have you been placed on hold when-you telephoned the cable company Number Percent YES 105 59.0 % NO 42 23.6% DON'T KNOW 8 4.5 % DON'T REMEMBER 23 12.9% Total 1.78 100.0% Missing Cases=228 Response Percent=43.8% Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or more than five minutes, or were you never connected` Number Percent LESS THAN 30 SECONDS 16 15.2% 30 -60 SECONDS 21 20.0% 1 - 5 MINUTES 50 47.6% MORE THAN 5 MINUTES 14 13.3 % NEVER CONNECTED 1 1.0% DON'T KNOW 1 1.0% DON'T REMEMBER 2 11% Total 105 100.0% Missing Cases=301 Response Percent=25.9% Group W Communications, LLC Contra Costa County Cable Survey-:December 2003- The Buske Group DRAFT- Confidential Has a cable company technician visited your home to install a new service or make a repair during the past year? Number Percent YES 112 30,6% - NO 249 68.0% DON'T KNOW 1 0.3 % DON'T REMEMBER 4 1.1 % Total 366 100.0% Missing Cases=40 Response Percent=90.1 % If YES to technician visit: ..... DON'T DON'T REM- YES NO KNOW EMBER Total Were you offered an appointment that was within 54 36 6 16 112 24 hours of the time that you called for service? 45.2% 32.1% 5.4% 14.3% 100.00/0 Were you offered a choice of a morning, 78 9 2 23 112 afternoon,or evening appointment? 69.6% 8.0% 1.8% 20.5% 100.0% Were you offered a choice of a Saturday 55 24 8 25 112 appointment? 49.1% 21.4% 7.1% 22.3% 100.00/0 Did the cable company technician keep the 101 5 2 4 112 Scheduled appointment? 90.2% 4.5% 1.8% 3.6% 1000/o How many visits to your home Were needed before the cable company technician successfully completed your installation or made the repair? Number Percent ONE 90 80.4% TWO 15 13.4% THREE 2 1.8 % OVER THREE 0 0.0% PROBLEM WAS NEVER CORRECTED 1 0.9% DON'T KNOW 3 2.7% DON'T REMEMBER 1 0,9 % Total 112 100.0 % Missing Cases=294 Response percent=27.6% Group W Communications,LLC Contra Costa County Cable Survey- December 2003- The Buske Group DRAFT- Confidential Have you ever watched the"CCTV--Contra Costa Television" channel, which features local governmental and educational programming and information about progrrams and services available to County residents? Number Percent YES 172 47.0% NO 179 48.9% DON'T KNOW 8 2.2% DON'T REMEMBER 7 1.9% Total 366 100.0% Missing Cases=40 Response Percent=90.1 % How often did you watch the CCTV channel during the hast month? Number Percent DAILY 1 0.6 % 1-6 TIMES I WEEK 14 8.1 % 1-3 TIMES J MONTH 54 31.4% LESS THAN MONTHLY 91 52.9 % DON'T KNOW 5 2.9% DON'T REMEMBER 7 4.1 % Total 172 100.0 % Missing Cases=234 Response Percent=42.4% Is the signal quality for the CCTV channel equal to the signal quality for programs on the ether channels of the cable system? Number Percent YES 95 55.2 % NO 47 27.3 % DON'T KNOW 11 6.4 % DON'T REMEMBER 19 11.0% Total 172 100.0% Missing Cases=234 Response Percent=42.4% Group W Communications, LLC Contra Costa County Cable Survey- December 2003- The Buske Group DRAFT-Confidential Have you seen or would you be interested in seeing cable TV programs about Contra Costa County residents, organizations, events, schools and overnment? Number Percent YES 151 41.3 % NO 178 48,6% DON'T KNOW 36 9,8 % DON'T REMEMBER 1 0.3 % Total 366 100.0% Missing Cases=40 Response Percent=90.1 % MAY- DON'T YES NO BE KNOW Total Would the organizations that you are involved with be interested in having program about their services and activities appear on a local cable TV 51 260 53 2 366 Channel? 13.9% 71.0% 14.5% 05% 100.00/0 Would you be interested in learning how to make a grogram to show on a local cable TV channel, 32 318 15 1 366 using equipment provided free of Charge? 8.7% 86.9% 4.1% 0.3% 10©.0°/n How important do you think it is to have local cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools and government? Is this very important, important, not very important, or not important at alt? Number Percent VERY IMPORTANT 66 18.0% IMPORTANT 182 49.7% NOT VERY IMPORTANT 87 23.8% - NOT IMPORTANT AT ALL 12 3.3 % DON'T KNOW 19 5.2% Total 366 100.0% Missing Cases=40 Response Percent=90.1 % Group W Communications, :LLC Contra Costa County Cable Survey-December 2003- The Buske Group DRAFT- Confidential How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Contra Costa County residents, organizations, events, schools and government --two dollars, a dollar,fifty. one dollar, fifty cents or nothing? Number Percent TWO DOLLARS 62 16.9 % A DOLLAR FIFTY 11 3.0 % ONE DOLLAR 89 24.3 % FIFTY CENTS 35 9.6% NOTHING 153 41.8 % OTHER 5 1.4% DON'T KNOW 11 3.0% Total 366 100.0% Missing Cases=40 Response Percent =90.1 % IF OTHER: Number Percent What ever it takes 1 6.3 % Five dollars 1 6.3 % Ten percent 1 6.3 % Twenty Five dollars 1 6.3 % Fifteen dollars 1 6.3 % Total 5 100.0% Missing Cases=401 Response Percent= 1.2% Do you think the cable company should offer more channels than it currently provides? Number Percent YES 128 31.5 % NO 215 53.0 % MAYBE 43 10.6% DON'T KNOW 20 4.9 % Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, LLC Contra Costa County Cable Survey-December 2003- The Buske Group DRAFT-+Confidential Why don't you currently subscribe to the cable TV service in your area?- Number Percent TOO EXPENSIVE 9 22.5 % DON'T WATCH MUCK.TV 5 12.5 % MY HOME USES A SATELLITE RECEIVER 17 42.5 % USED TO SUBSCRIBE,BUT UNHAPPY WITH SERVICE 5 12.5 % CABLE ISN'T AVAILABLE WHERE I LIVE 1 2.5 % We don't have a TV 1 2.5 % Too expensive, Don't watch much 1 2.5 % Don't know 1 2.5 % Total 40 100.0% Missing Cases=0 Response Percent= 100.0% What would cause you to consider subscribing to cable TV in the future? Number Percent LOWER MONTHLY RATES AND OTHER FEES 14 35.0% ABILITY TO CHOOSE A DIFFERENT CABLE TV SERVICE PROVIDER 3 7.5 % MORE OR BETTER VARIETY OF CHANNELS TO CHOOSE FROM 4 10.0% IMPROVED SIGNAL QUALITY 1 2.5 % Nothing 12 30,0% If they could offer Japanese channels 1 2.5 % Lower rates, different cable company, more services 1 2.5 % Offer a good package 1 2.5 % Unhappy with digital 1 2.5 % Don't know 2 5.0% Total 40 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, LLC Contra Costa County Cable Survey- December 2003 - The Buske Group DRAFT- Confidential Do you have a computer in your home that is used to access the Internet? Number Percent YES 275 67.7% NO 131 32.3 % Total 406 100.0% Missing uses=0 Response Percent= 100.0% Do you subscribe to the high-speed Internet connection service that is available from the cable company? Number Percent YES 78 28.4 % NO 197 71.6 % Total 275 100.0% Missing Cases= 131 Response Percent =67.7% IF YES, Please rate your high speed Internet service as follows: Very Good, Good, Fair, Poor,or Very Poor. Number Percent VERY GOOD 31 39.7% GOOD 33 42.3 % FAIR 4 5.1 % POOL. 2 2.6 % VERY POOR 2 2.6 % DR 6 77% Total 78 100.0% Missing Cases= 328 Response Percent= 19.2% Group W Communications, LLC Contra Costa County Cable Survey-December 2003- The Buske Group DRAFT- Confidential IF NO, Why don't you currently subscribe to the high seed Internet service? Number Percent TOO EXPENSIVE 80 40.6 % USED TO SUBSCRIBE,BUT UNHAPPY WITH SERVICE 1 0.5 % DIDN'T KNOW ABOUT THE SERVICE 6 3.0 % DSL 18 9.1 % Not interested 2 1.0% Too expensive and use AOL 4 2.0% With AOL 1 0.5 % Too expensive uses earthlink 1 0.5 % Uses earthlink 1 0.5 % Too expensive uses Juno 1 0.5 % Spc 3 1.5 % Husband works for spc and have dsl through them 1 0.5 % Uses pacific bell 1 0.5 % Uses wireless 1 0.5 % I use the one from the phone company 1 0.5 % Happy with current service 12 6.1 % - Have another company 13 6.6 % Don't know 9 4.6% Don't use the computer that much 4 2.0% Don't need it 5 2.5 % No reason 1 0.5 % Doesn't like the company 1 0.5 % Company provides 1 0.5 % Not worth the extra fee 1 0.5 % Not close enough to the outlet 1 0.5 % Do not like the cable high speed 1 0.5 % Not available in area 11 5.6% Do not use it enough 5 2.5 % Too expensive and don't use that much 1 0.5 % Technical problem 1 0.5 % Its not important to me now 1 0.5 % Not interested no value 1 0.5 % Don't want it 1 0.5 % Thinking about it 1 0.5 % Have not contacted him 1 0.5 % Planning-on getting it soon 1 0.5 % Total 197 100.0% Missing Cases=209 Response Percent=48.5 % Group W Communications, LLC Centra Costa County Cable Survey-December 2003- The Buske Group DRAFT- Confidential During the past week, how long was your home computer used to&wcss the Internel? Number Percent UNDER 5 HOURS 69 25.2% 5 - 15 HOURS 74 27.0% 16 - 25 HOURS 38 13.9% LIVER.25 HOURS 42 15.3 % DON'T KNOW 40 14.6% DONT REMEMBER. 11 4.0% Total 274 100.0% Missing Cases= 132 Response Percent=67.5 % Has a personal or business "Web site" been created with your horse copVuter? Number Percent YES 32 11.7% NO 242 88.3 % Total 274 100.0% Missing Cases= 13.2 Response Percent=67.5 % Group W Communications, LLC Contra Costa County Cable Survey-December 2003 - The Buske Group DRAFT-Confidential Importance of certain services the cable company may provide in exchange for using: public ]DrOD-CrtV. NOT NOT VERY VERY 1MP0- IWO- HVIPO- IMPO- RTANT DON'T RTANT RTANT RTANT AT ALL KNOW Total Electronic access from home to library resources,including the card catalog, 56 138 129 59 24 406 magazine articles,and encyclopedias 13.8% 34.0% 31.8% 14.5% 5.90/0 100.0% The ability to vote,renew your driver's license,or obtain government permits 70 136 113 61 26 406 from home 17.2% 33.5% 27.8% 15.0% 6.4% 100.0% Ability to send and receive e-mail and information to and from teachers, administrators,and School Board 73 113 122 74 24 406 members 18.0% 27.8% 30.0% 18.2% 5.9% 100.0% Electronic access from home to government information,like agendas for upcoming meetings government reports,or a listing of County services 51 172 120 49 14 406 and how to obtain them 12.6% 42.4% 29.6% 12.1% 3.4% 100.0% Access to public safety information(for example,from police and fire 73 211 68 36 18 406 departments) 18.0% 52.0% 16.7% 8.9% 4.4% 100.00/0 Ability to participate in interactive 48 148 118 63 29 406 distance learning classes from home 11.8% 36.5% 29.1% 15.5% 7.1% 100.00/0 Group W Communications, LLC Contra Costa County Cable Survey- December 2003- The Ruske Group DRAFT- Confidential How important is it to receive the following special services? NOT NOT VERY VERY 1MPOR- INIPOR- IMPOR- IMPOR- TANT DON'T TANT TANT TANT AT ALL KNOW Total 20 59 131 144 52 406 Telephone service 4.9% 14.5% 32.3% 35.5% 12.8'% 100.00/0 9 63 155 168 11 406 Interactive shopping 2.2% 15.5% 38.2010 41.4% 2.7% 100.00/0 4 33 162 202 5 406 Interactive video games 1.0% 8.1% 39.9% 49.8% 1.2% 100.0010 9 107 148 124 18 406 Movies on demand 2.2% 26.4% 36.5% 30.5% 4.4% 100.0010 13 74 133 179 7 406 Video teleconferencing 3.2% 18.2% 32.8% 44.1% 1.7% 100.0% If you answered "Very Important" or "Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? Number Percent YES 55 13.5 % NO 65 16.0 % MAYBE/DON'T KNOW 82 20.2 % DIDN'T ANSWER VERY IMPORTANT OR IMPORTANT 204 50.2 % Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, LLC Contra Costa County Cable Survey - December 2003- The Buske Group DRAFT- Confidential Ethnicity Number Percent Caucasian 342 84.2% Hispanic 27 6.7 % African American 7 1.7 % Filipino 7 1.7% Asian 12 3.0% Other 3 0.7% REFUSED 8 2.0% Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Age Number Percent Under 30 28 6.9% 30 -44 79 19.5 % 45 - 54 69 17.0% 55 -64 91 22.4 % 65 or older 134 33.0% REFUSED 5 1.2% Total 406 100.0% Missing Cases=0 Response Percent = 100.0% Group W Communications, LLC Contra Costa County Cable Survey- December 2003 - The Buske Group DRAFT- Confidential Income Number Percent Under$25,000 36 8.9% $25,000 to$39,999 32 7.9 % $40,000 to $59,999 49 12.1 % $60,000 to $99,999 97 23.9% $100,000 or more 59 14.5 % REFUSED 133 32.8 % Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Gender Number Percent Male 190 46.8% Female 216 53.2% Total 406 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, LLC 0 VM' 4 M � p \ O � Oa Cho v"in .•-� � Oo ... 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M r g Mg 00 C, N N m v � o CA `" p CONTRA COSTA COUNTY CABLE CROUP -- TELEPHONE SURVEY Hello, I'm of Group W Communications. Contra Costa County and a group of cities in the County have asked us to conduct a survey about the local cable TV service. We're talking with members of randomly selected households. This will only take a few minutes, and I'm not selling anything. May I please speak to the [female/male] head of the household? (RE-READ THE FIRST PARAGRAPH IF DIFFERENT PERSON COMES TO PHONE, THEN CONTINUE HERE.) The County and many communities within the County are considering requests from the area's cable company to renew its contracts to provide cable TV service. Would you mind answering some questions about the cable company's current service? (IF NOT A CABLE SUBSCRIBER: I have a few questions for you, too.) (IF NO: Is there a convenient time for me to call back? } 1. Is your residence located in Contra Costa County? YES NO 1 DON'T KNOW(IF "NO" OR "DON'T KNOW," TERMINATE INTERVIEW) 2. Is your residence located within any one of the following areas: Pinole, San Ramon; San Pablo, Pittsburg, Marina Bay, Kensington, Hercules, Orinda, Lafayette, EI Cerrito, or the Concord Naval Weapons Station? YES/DON'T KNOW(IF"YES"OR"DON'T KNOW,"TERMINATE INTERVIEW) NO 3. How long have you lived in Contra Costa County? LESS THAN 5 YEARS BETWEEN 5 AND 10 YEARS BETWEEN 10 AND 20 YEARS OVER 20 YEARS 4. Do you currently subscribe to a cable TV service? YES NO / DON'T KNOW(IF "NO" OR "DON'T KNOW," GO TO QUESTION 35) 5. Which cable TV service do you subscribe to: "Comcast" or "Astound?" COMCAST ASTOUND/OTHER(TERMINATE INTERVIEW) 5. How long have you subscribed to cable TV in Contra Costa County? LESS THAN 1 YEAR BETWEEN 1 AND 5 YEARS BETWEEN 5 AND 10 YEARS OVER 10 YEARS (7.) l would like to ask you about your level of satisfaction with the cable TV service in a number of areas. For each item, please rate the cable company's performance as follows: Very Good, Good, Fair, Poor, or Very Poor. If you don't know, just say so. Let's start with...(ROTATE ORDER OF ITEMS) - VERY VERY DONT GOOD GOOD FAIR POOR POOR KNOW NIA 7. The quality of the picture and sound you receive at home 8. Providing cable service with few or no interruptions 9. Quickly restoring service when it goes out 10. Providing a good variety of programming services 11. Providing bills that are accurate and easy to understand 12. Keeping you informed about changes in your service 13. Providing courteous staff who _ _ are readily available when you need assistance 14. Arriving at a fair resolution _ _ ____ of disputes (if you have had a dispute with the cable company) 15. The overalluq ality of the cable programming services 16, The overall value of the cable TV service 17. Have you tried to telephone the cable company during the past year? YES NO (IF "NO," GO TO QUESTION 21) DON'T KNOW(IF "DON'T KNOW," GO TO QUESTION 21) DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 21) 18. When you last tried to telephone the cable company, were you able to get through to a company representative right away or not? — GOT THROUGH DIDN'T GET THROUGH DON'T KNOW DON'T REMEMBER 19. During the past year, have you been placed on hold when you telephoned the cable company? YES _,_ NO (IF "NO," GO TO QUESTION 21) — DON'T KNOW(IF "DON'T KNOW," GO TO QUESTION 21) DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 21) 20. Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or more than five minutes, or were you never connected? LESS THAN 30 SECONDS 30 -60 SECONDS 1 - 5 MINUTES MORE THAN 5 MINUTES NEMER CONNECTED DON'T KNOW DON'T REMEMBER 21. Has a cable company technician visited your home to install a new service or make a repair during the past year? YES NO (IF "NO," GO TO QUESTION 27) DON'T KNOW (IF "DON'T KNOW," GO TO QUESTION 27) DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 27) As you answer the following questions, please think about the last time a cable company technician came to your home: 22. Were you offered an appointment that was within 24 hours of the time that you called for service? YES NO DON'T KNOW DON'T REMEMBER 23. Were you offered a choice of a morning, afternoon, or evening appointment? YES NO DON'T KNOW DON'T REMEMBER 24. Were you offered a choice of a Saturday appointment? YES NO DON'T KNOW DON'T REMEMBER 25. Did the cable company technician keep the scheduled appointment? YES NO DON'T KNOW DON'T REMEMBER 26. How many visits to your home were needed before the cable company technician successfully completed your installation or made the repair? ONE TWO THREE OVER THREE PROBLEM WAS NEVER CORRECTED DON'T KNOW DON'T REMEMBER 27. Have you ever watched the "CCTV -- Contra Costa Television" channel, which features local governmental and educational programming and information about programs and services available to County residents?" YES NO (IF "NO", GO TO QUESTION 30) DON'T KNOW(IF "DON'T KNOW," GO TO QUESTION 30) DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 30) 2& How often did you watch the CCTV channel during the past month? DAILY 1-6 TIMES I WEEK 1-3 TIMES 1 MONTH LESS THAN MONTHLY DON'T KNOW DON'T REMEMBER 29. Is the signal quality for the CCTV channel equal to the signal quality for programs on the other channels of the cable system? YES NO DON'T KNOW DON'T REMEMBER C 34. Have you seen or would you be interested in seeing cable TV programs about Contra Costa County residents, organizations, events, schools, and government? YES NO MAYBE DON'T KNOW 31. Would the organizations that you are involved with be interested in having programs about their services and activities appear on a local cable TV channel? YES NO MAYBE DON'T KNOW 32. Would you be interested in learning how to make a program to show on a local cable TV channel, using equipment provided free of charge? YES NO _ MAYBE DON'T KNOW 33. How important do you think it is to have local cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools; and government? Is this yga important, important, not very important, or not important at all? VERY IMPORTANT — IMPORTANT NOT VERY IMPORTANT NOT IMPORTANT AT ALL DON'T KNOW 34. How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Contra Costa County residents, organizations, events, schools, and government -- two dollars, a dollar-fifty, one dollar, fifty cents, nothing, or some other amount? TWO DOLLARS A DOLLAR-FIFTY ONE DOLLAR FIFTY CENTS NOTHING OTHER: C NOTE: QUESTIONS 35 & 35 ARE ONLY FOR RESPONDENTS WHO ARE NON-SUBSCRIBERS 35. Why don't you currently subscribe to the cable TV service in your area? (DO NOT READ THESE -- CHECK EACH REASON GIVEN BY RESPONDENT.) —TOO EXPENSIVE DON'T WATCH MUCH TV MY HOME USES A SATELLITE RECEIVER USED TO SUBSCRIBE, BUT UNHAPPY WITH SERVICE CABLE COMPANY DOESN'T HAVE ENOUGH CHANNELS POOR SIGNAL QUALITY TOO MANY RERUNS CABLE HAS ADULT PROGRAMMING THAT CAN BE SEEN BY MY CHILDREN CABLE ISN'T AVAILABLE WHERE I LIVE OTHER (SPECIFY): 36. What would cause you to consider subscribing to cable TV in the future"? (DO NOT READ THESE --CHECK EACH REASON GIVEN BY RESPONDENT.) LOWER MONTHLY RATES AND OTHER FEES ABILITY TO CHOOSE A DIFFERENT CABLE TV SERVICE PROVIDER MORE OR BETTER VARIETY OF CHANNELS TO CHOOSE FROM MORE SPECIFIC TYPES OF PROGRAMMING OR SPECIAL SERVICES (E.G., MOVIES ON DEMAND, ETC.). BETTER CUSTOMER SERVICE POLICIES BY THE CABLE COMPANY ABILITY TO GET CABLE SERVICE TO REACH MY RESIDENCE IMPROVED SIGNAL QUALITY OTHER. (SPECIFY): (ALL RESPONDENTS ARE TO BE ASKED QUESTIONS 37 - 56) 7 37. Do you think the cable company should offer more channels than it currently provides? YES NO _ MAYBE DON'T KNOW 38. Do you have a computer in your home that is used to access the Internet? _YES _ NO (IF "NO," GO TO QUESTION 38) 39. Do you subscribe to the high-speed Internet connection service that is available from the cable company? —YES (IF "YES," ASK QUESTION 39a) 39a. Please rate your high-speed Internet service as follows: Very Good, Good, Fair, Poor, or Very Poor. _VERY GOOD GOOD FAIR POOR _VERY POOR — NO (IF "NO," ASK QUESTION 39b) 39b. Why don't you currently subscribe to the high-speed Internet service? (DO NOT READ THESE -- CHECK EACH RESPONSE GIVEN.) TOO EXPENSIVE USED TO SUBSCRIBE, BUT UNHAPPY WITH SERVICE — DIDN'T KNOW ABOUT THE HIGH-SPEED INTERNET SERVICE — OTHER (SPECIFY): 40. During the past week, how long was your home computer used to access the Internet? — UNDER 5 HOURS OVER 25 HOURS — 5 - 15 HOURS DON'T KNOW 16 -25 HOURS DON'T REMEMBER 41. Has a personal or business "Web site" been created with your home computer? _YES NO (42.) Certain improved services could be received through your television or home computer by using a high speed connection to the Internet provided by the cable system. After I mention each one, please tell me if you think such a service is vyM important, important, not very important, or not important at all. VERY NOT NOT DONT IMPORTANT IMPORTANT VERY IMPORTANT KNOW IMPORTANT AT ALL 42. Electronic access from home to fibra resources, including the card catalog= magazine articles, and encyclopedias 43. The ability to vote, renew your driver's license, or obtain government permits from home 44. Ability to send and receive e-mail and information to and from teachers, administrators, and School Board members 45. Electronic access from home to government information, like agendas for upcoming meetings government reports, or a listing of County or City services and how to obtain them 46. Access to public safety information (for example, from police and fire departments) 47. Ability to participate in interactive distance teaming classes from home n (48.) I'm now going to read you a list of special services that the cable company might offer in the future. For each one, please tell me how important you think it is for you to receive the following special services from the cable company. Do you feel that it is - very important, important, not very important, or not important at all. 48. Telephone service? VERY IMPORTANT IMPORTANT NOT VERY IMPORTANT NOT IMPORTANT AT ALL r DON'T KNOW 49, Interactive shopping? VERY IMPORTANT �. IMPORTANT NOT VERY IMPORTANT NOT IMPORTANT AT ALL _ DON'T KNOW 50. Interactive video games? VERY IMPORTANT i IMPORTANT NOT VERY IMPORTANT _ NOT IMPORTANT AT ALL DON'T KNOW 51. Movies on demand? VERY IMPORTANT _ IMPORTANT s NOT VERY IMPORTANT _ NOT IMPORTANT AT ALL DON'T KNOW 52. Video teleconferencing? _ VERY IMPORTANT IMPORTANT NOT VERY IMPORTANT NOT IMPORTANT AT ALL DON'T KNOW 53. If you answered "Very Important" or "Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? YES _ NO MAYBE/DON'T KNOW an Now, just a few questions for statistical purposes. . . . . 54. Which of these ethnic or racial groups do you most identify with: Caucasian? Hispanic? African American? REFUSED Filipino? American Indian? Asian? Other? (SPECIFY: } 55. Please tell me which of the following groupings includes your age: Under 30? 30 to 44? 45 to 54? _ REFUSED 55 to 64? 65 or older? 56. And finally, could you please tell me which one of the following income groupings comes closest to describing your household income before taxes: Under$25,000? $25,000 to $39,999? $40,000 to $59,999? REFUSED e $60,000 to $99,999? $100,000 or more? Thank you very much for your time. (END CONVERSATION) 57. GENDER: Male Female Interviewer: Date: 44 G lu '1 0l � Contra Go5ta Cities County Gable Consortium Cable System h Survey November, 1999 5N,721.144 . oke v.) 9.2>57. «k 3 Draft - Confidential This document presents: data, analysis and interpretation of study findings by Group W Communications, L.L.C. It is intended for the use of The Busl:e Group and the Contra Costa Cities & County Cable Consortium.. DRAFT - CONFIDENTIAL Contra Costa Cities and County Cable Consortium Table of Contents w Introduction & Study Methodology......................................................i Summaryof Findings...........................................................................2 Unabridged Frequencies......................................................................3 Responses to "Why not subscribe" Questions.....................................4 Length of Subscription, Age & Gender Crosstabs...... Ethnicity & Income Crosstabs............................................................6 SurveyInstrument.................................................................................7 1. Introduction and Study Methodology contra costa county Introduction & Study Methodology During the period October 29- November 6, 1999, 409 completed interviews were conducted by telephone survey. Interviews were administered to a sample of Contra Costa county households in the TCI/AT & T service area drawn at random from active residential telephone listings. The telephone interviews were conducted utilizing state-of-the-art automated dialing and data collection methods with trained, professional telephone interviewers and validated by on-site supervisors. The survey was designed to allow for analysis of the entire sample and also to allow for analysis of various subsets of the sample, including both subscribers to the Contra Costa county cable system and non- subscribers. Cross tabulation analysis was also conducted utilizing various demographic information provided by the respondents. The margin of error for entire sample analysis using a random sample of this type and size is approximately 4.85% at the 95% level of confidence, meaning that in 95 out of 100 cases, the responses indicated will be within +/-4.85% of the responses if the entire universe (all households in Contra Costa county which are within the TCI/AT & T 1 Contra Costa County service area with a residential phone listing) were interviewed. The margin of error for analysis of any sub-samples will be greater. As with all survey research, when reviewing these data, care must be taken to draw inferences only to the universe sampled, specifically, households in Contra Costa county that are subscribers to the TCl/AT & T cable TV system and households that are not cable subscribers. It is also important to note that the very nature of survey research is such that respondents' opinions and attitudes, while statistically valid within the margin of error quantified above, are measured at a particular point in time, similar in concept to a photographic "snapshot." As a respondent's information, knowledge and field of reference change so, too, may the respondent's opinions and attitudes regarding the subjects and areas tested. It is, therefore, useful and valuable to undertake future comparative measurements to get a more complete longitudinal picture of the sample universe and to use a variety of research methods or "tools" to gain a more in depth understanding of opinions and attitudes. It is also frequently useful to review survey results in light of other data from this and other communities. For example, in almost all cable surveys with which we are familiar, a substantial majority of subscriber respondents rank cable service as "very good" or "good," as might be expected given that subscribers by definition consider the service 2 _.. Contra costa county valuable enough to continue paying to receive it. However, the level of satisfaction and dissatisfaction can vary from community to community, and can be revealing. This report does not provide direct cross-community comparisons, and so readers must be cautious in drawing unjustified conclusions from the results of the survey. Finally, all interviews were inspected, coded, and key punched to allow for computerized statistical analysis and table production. 3 2. Sumary of Findings Contra costa County Summary of Findings In addition to basic subscriber and demographic information, this telephone survey of residents in Contra Costa county included questions regarding cable television reception quality, customer service issues (including questions relating to telephone response, repair of technical problems and billing concerns), the viewership patterns and importance of local programming, and a series of questions regarding the desirability of possible future services. Non-subscribers were also interviewed to get a sense of why they don't subscribe. General Observations • In,general, cable subscribers are very satisfied with the quality of the picture and sound and providing bills that are accurate and easy to understand as eight out of 10 or more rate these areas of service as "good„ or "very good." However, just over half gave "good" or "very good" ratings to the over=all value of the cable TV service. • The subscriber base appears to be extremely stable with about two-thirds of the subscriber-respondents having been with the cable system for 10 years or longer. Less than one out of 20 have been subscribers for under one year. + Of those subscriber-respondents who had telephoned the cable company in the last year and were put on hold, almost two-thirds felt that they were on hold for one minute or longer. Only about one out of 20 indicated they were on hold for less than 30 seconds. • About six out of 10 of all subscribers report having watched CCTV— Contra Costa Television. Of those who have watched CCTV, well over half said they tune in at least monthly. 4 Contra Costa County • Almost one quarter of subscriber-respondents believe the organizations they are involved with would be interested in having programs about their activities and services shown on local cable channels. Another quarter indicated that their organizations might be interested or didn't know. • More than two-thirds of subscribers believe it is either "important" or "very important" to have local cable channels that feature programs about local residents, organizations, events, schools and government. When subscribers were asked how much of their monthly cable bill should go to support such programming, the average or mean of all responses was $1.08. • Almost half of the subscriber-respondents think that more channels should be offered than are currently available. • Almost three-quarters of all respondents said that they had a computer in their home. Of those, about eight out of 10 use it to access the Internet. Of those who access the Internet, almost three-quarters do so for 15 hours or less per week. • Well over half of all respondents, when asked about the importance of receiving several different types of government and community information and services through the cable system, rated all six services tested as "important" or "very important." Access to public safety information was rated as "important" or "very important" by over seven out of 10 respondents. This was followed by access from home to library resources, access from home to government information and the ability to vote, renew your driver's license or obtain permits which were all rated as "important" or "very important" by well over six out of 10 of the respondents. • When asked about receiving several different commercial services, well over half rated a high speed Internet connection as "important" or "very important." Less than four out of 10 rated movies on demand as "important" or "very important" and about three out of 10 rated telephone service as "important" or "very important." Almost three out of 10 of those respondents who believe these services to be important or very important are willing to pay extra to receive them. 5 contra costa county Subscriber Information Just over nine out of 10 (93.6%) of the respondents in this survey indicated that they "currently subscribe to a cable TV service." Two-thirds (67.9%) of these subscriber-respondents indicated they have been subscribers to the cable TV service in Contra Costa for over 10 years. Just under three out of 10 have subscribed for between one year and 10 years, and just under one out of 20 (3.7%) have been subscribers for less than 1 year. The following graph illustrates this. How tong have you subscribed to cable TV in Contra Costa County? LESS THAN 1 YEAR 3.7% BETWEEN 1 AND 5 OVER 10 YEARSYEARS 67.9"!0 14.4% BETWEEN 5 AND 10 YEARS 14.1% 6 contra costo CMHty General Quality & Service Issues Subscribers were asked a series of questions to gauge levels of satisfaction with a number of service and quality issues. Receiving the highest number of combined "good'T'very good" responses were "the quality of the picture and sound you receive at home" with 80.9% and "providing bills that are accurate and easy to read" (80.7°l%). No other issue tested received over 80% combined "goo&J''very good" responses. Issues receiving at least 70% "good"/"very good" responses were "providing cable service with few or no interruptions" (74.4%) and "keeping you informed about changes in your service" (72.1%). Relatively lower ratings were given to "providing a good variety of programming services" (63.4%) and "providing courteous staff who are readily available when you need assistance" (63.2°1x). The "overall value of the cable TV service" was rated as "goad" or "very good" by just over half of the subscriber-respondents (53.8%). The graphic representation for all 10 duality and service issues is provided on the following page. 7 Contra Costa County For each item, please rate the cable company's performance. 13 The quality of the picture and sound you receive at home ■Providing cable service with few or no interruptions 0 Quickly restoring service when it gees out 0 Providing a good variety of programming services ■Providing bills that are accurate and easy to understand 90% 80.7% $0%-' 74.x% AM 60% t 50°10 - 40% 30% 18.00 20.996 20°k 105 14.4% 0.4 ----- -— 10% 42908 0 4 5,0% 3.1% 3% 0% GoodNery Gard Fair PoorNery Poor Don't Know N/A 0 Keeping you informed about changes in your service 0 Providing courteous staff who are readily available when you need assistance OArriving at a fair resolution of disputes OThe overall quality of the cable programming services SThe overall value of the cable TV service -------------- 80./"-,--" __...80%-,- i 7 s 7 .1 70°Ja - --- 600/a 53.80 i i 50%- 40%- 30% 0%40% M 3 20°k, = 13.3 t 14.4% __ _ 10% 6A%7.0 0 5 _ 9.79n I 3.1�➢0 2.9 0.50 0% , Good/Very Good Fair Poor/Very Poor Don't Know N/A 8 Contra COSU Comfy Cable Customer Service & Cable Technician Contact Cablesubscribers were asked a series of questions regarding any contact they may have had with company representatives by phone or with cable technicians in person. 48% of the subscribers indicated that they had tried to telephone the cable company during the past year. These subscriber-respondents were then asked'a series of questions regarding the ease or difficulty in "getting through" and speaking with someone. About half(52.7%) of these respondents indicated that they got through and about one quarter (26.6%) were placed on hold. 10.3% got an answering system. The graph below illustrates. When you last tried to telephone the cable company,were you able to get through to a company representative right away, or were you placed on hold, or were you connected to a message answering system, or did you get a busy signal, or was there no answer? NO ANSWER DON'TKNOW 3.3% DON'T REMEMBER BUSY SIGNAL j 3.3% 2.7% � ANSWERING SYSTEM 10.3% GOT THROUGH 52.7% PLACED ON HOLO} 26.6% 9 contra costa courtly Thesesubscriber-respondents were then, specifically, asked i , during the past year, they had been placed on hold when telephoning the cable company. About four out of 10 (40.8%) of the subscriber-respondents who had tried to telephone the cable company during the past year said that their call was put on hold. When asked to estimate the length of time that they were kept on hold, less than one out of 20 (4%) of these subscriber-respondents said that they were on hold for less than 30 seconds. One quarter (25.8%) said they were on hold for between 30 and 60 seconds and almost two thirds (65.3%) said they were on hold for more than one minute. Since a high percentage of affected respondents said they were kept on hold for longer than 30 seconds (thereby exceeding the F"C'C"s standard), further investigation of this matter is warranted. Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or more than five minutes, or were you never connected? - 60% 52.t?°lo mm 50% 40% %_ � 26 3% 20% . 13.3°10 10%] 4.0% 0 2.7%o 2.7% 0°la 0 0 rte e � � E r� � z ►— W z 0 w Mu' 0 Cr 10 antra costa cffih Subscriber-respondents were also asked several questions regarding service calls that were made to their home. 27.4% of cable subscribers report having had a cable technician "visit their home to install a new service or make a repairduring the past year." Of those individuals who reported such a visit, four additional questions were asked regarding the timing of the appointment and one question regarding the success of the repair or installation. Over half(55.2%) of the subscriber-respondents requesting a service call were offered an appointment in 24 hours. About six out of 10 (01%) were offered an appointment in the morning, afternoon or evening, one-third (33.3%) were offered an appointment on Saturday, and over nine out of 10 (92.4%) indicated that the cable technician kept the scheduled appointment. If YES to cable technician visit: Were you offered an appointment that was within 24 hours of the time that you called for service? i Were you offered a choice of a morning, afternoon, or evening appointment? C Were you offered a choice of a Saturday appointment? 0 Did the cable company technician keep the scheduled appointment? 100% 92.4% 90% 1 80% 70% 61.096 60% 40°la 30% 21.9% {f ---- —-- - – 20%a 16. 9.596 -- 1 f — - 10%/� 4.896 5.7% 5.7 :>..::: 1.9% :::. 1.0% 0% _. Yee No Don't Know Don't Remember 11 COMITA CI*6U CM?q About three quarters (73.3%) of subscriber-respondents requesting a service call to their home indicated the problem was fixed in one visit. 17.1% said that two visits were needed, 4.8% said that three visits were needed and the balance indicated they couldn't remember or the problem was not corrected. Wow many visits to your home were needed before the cable company technician successfully completed your installation or made the repair? OVER THREE PROBLEM VAS THREE 1% NEVER CORRECTED TWO5% 3%6 ` 17% DON'T REMEMBER 1% ONE 73% 12 Contra costa count' Local ProgranunYng _ Subscriber-respondents were asked a number of questions regarding viewership of the Contra Costa Television (CCTV) local access channel. As shown below, well over half(58.7%) of these subscribers report having "ever watched" this channel. Have you ever watched the "CCTV --Contra Creta Television" channel? Don't Know Don't Remlefter 1.8% 0.3% No - 39.2% Yes _ 11058.7% Those who said they had "ever" watched this channel were then asked how often they watched during the past month. As shown below, almost six out of 10 (58..2%) watch at least once a month. How often did you watch the CCTV channel during the past month? -------------.----------------- w__.-__�___ _---------------------__..____-_-__-.-.___._-.- ------------ _ -_._ _ 45%r /— — --- — Q. % -- 49,0% - ----- - 35% — --- – _ 30% --- 200/6-7- — -- 15%K SDfc' 0.9% 0°fo DAILY 1-6 TIMES 1 1-3 TIMES t LESS THAN DON'T KNOW DON'T WEEK MONTH MONTHLY REMEMBER 13 codra caste.cmey 63.1% of subscriber-respondents who had over watched CCTV said the signal quality of this channel was equal to the signal quality of the other channels on the cable system. About half(49.3%) of the subscriber-respondents have seen or would be interested in seeing "cable TV programs about Contra Costa county residents, organizations, events schools and government." Almost one quarter (22.7%) said that the organizations they are involved with would be "interested in having programs about their services and activities appear on a local cable TV channel." Another 27.4% responded "maybe" (14.4%) or "don't know" (17%) to this question. Would the organizations that you are involved with be interested in having programs about their services and activities appear on a local cable TV channel? Don't Know Yes 4 17. o .. 22.7% Maybe 10.4% No 49.9% 15.4% indicated they would be interested in learning "how to mare a program to show on a local cable TV channel using equipment provided free of charge." 14 Contra Costa Caxnf� Subscribers were then asked how important "it is to have local cable TV channels that feature programs about Contra Costa county residents, organizations, schools and. government." Over two-thirds (68.7%) of all subscribers believe it is either "very important" (23%) or "important" (45.7%) to have these cable channels. How important do you think it is to have local cable TV channels that feature programs about Contra Costa County residents, oganizations, events, schools and government? 60% — 45,7` - -- — —; - 45%�f 40°l0 - __- - -- - --- - --- ' 35°f0 30 - .23.096 25%- ------- 20%- --20%- 159/6 -- - - ---- ' 10°!0 7.3% 5% 1.096 0% VERY IMPORTANT NOT VERY NOT DON'T KNOW IMPORTANT IMPORTANT IMPORTANT AT ALL A question was then asked of subscribers to determine how much of their cable bill they felt should be set aside to support the development of these local cable TV programs. Just over six out of 16 (62.1%) of these subscriber respondents indicated that some portion of their cable bill should go to support this programming. 28.2% felt that two dollars per month should be - set aside and 14.1% felt that the amount should be a dollar fifty. The graph on the 'following page illustrates these findings. _- 15 Contra Costa Cory How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Contra Costa County residents, organizations, events, schools and government? FIVE DOLLARS � 1.0010 OTHER 4.4% TWOrryyDOLLARS ,s 28,2% NOTHING 37.$010 .... ........p MIMW_A DOLLAR FIFTY 14.1% FIFTY CENTS ONE DOLLAR 10.4% 3.9% Finally, when all responses from subscriber-respondents are calculated to find the mean or average amount favored, the result is an average of$1.03. This was calculated using a value of$0.00 for those who said "nothing," "don't know" or any other non-monetary response and using an average cable bill amount of$35.00 to calculate an amount for those respondents who gave an answer relating to a percentage of a bill, e.g., "ten percent," "one percent," etc. 16 Contra Costa CAnnty Subscribers & Non Subscribers Due to the very high penetration level of cable service in Contra Costa county, relatively few non-subscribers were interviewed. However, those respondents who indicated that they did not subscribe to the cable system were asked why they don't subscribe and what, if anything, would cause them to subscribe. As is the case in most communities, cost and price/value issues are the most prevalent reasons for not subscribing (30.4% of non-subscribers). These reasons are followed by respondents having a satellite receiver (21.7%), not watching much TV (13%) and cable not being available where they are living (13%). The verbatim responses from non-subscribers can be found under Tab 4. 17 ___ Contra Calfa county Computer Ownership & Use Almost three-quarters (74.1%) of all respondents in Contra Costa county say that they have a computer in their home. Do you have a computer in your home? No 26% Yes 74.1% Of those respondents with a computer, 81.8% use it to access the Internet. Over one third (36.7%) accessed the Internet for under five hours in the past weep, 35.5% accessed the Internet for between five and 15 hours, and 24.2% accessed the Internet for more than 15 hours in the past week. Of those who access the Internet, 20.4% have created a business or personal web site with their home computer. 18 - Coetrg COA4 CNAty Future Services All respondents were asked one question about the number of channels offered on the cable system and two different series of questions regarding potential future services. 46% of the respondents felt that the cable company should offer more channels, while 42.8% of the respondents didn't feel the cable company should offer any more channels. Do you think the cable company should offer more channels than it currently provides? 46.0% 500!0 -- 42896 45% t 40% 35%j 30%' � - 25% --- 20%, i 161/6 -- 4.9% - _ 6.4% 10°!o it/ 5% - 0% YES Na MAYBE DON'T KNM The first series of questions regarding potential future services was asked to determine the importance respondents placed upon the ability to access different types of government and community information and services. 34.2% of respondents rate "access to public safety information" as "very important" followed closely by both the "ability to vote, renew your driver's licenseor obtain government permits from home" and "electronic access from home to library resources" with 33.5% and 32.8%, respectively. 19 _._. 111.1... . _........ 11.11 . _ .... ........ ........ ......... _ ...... ....... ......................... _..__._._._. ..... Contra Costa.County When the "very important" and "important" categories are combined, "access to public safety information" is, again, rated highest with almost three- quarters (74.8%) support, followed by "electronic access from home to library resources" with 67% support. "Electronic access to government information" and the "ability to vote, renew your driver's license or obtain government permits from home" received similar ratings of 65.3% and 65%, respectively. Both the "ability to send and receive e-mail to teachers" and the "ability to participate in interactive distance learning classes from home" received support from just under six out of 10 respondents (59.7% and 58.4/0, respectively). The graph below and on the following page illustrate these results. Importance of certain services the cable company may provide in exchange for using public property. Electronic access from home to library resources *The ability to vote,renew your driver's license,or obtain government permits from home *Ability to send and receive e-mail and information to and from teachers,administrators,and School Board members 35% 262 21.8% is 20% , 17.1 - -- 15.6$ f4,79!a 15.6% 15% 3 { 10% # 5°l0 Z 3.A 2.996 Oolo VERY IMPORTANT NOT VERY NOT IMPORTANT DON'T KNOW IMPORTANT IMPORTANT AT ALL Importance of certain services the cable company may provide in 20 control Cofi.�caur�ty - exchange for wing public property. M Electronic access from home to government information ■Access to public safety information 0 Ability to participate in interactive distance teaming classes from home 45%{� 42.1% t 40°16 j 36.9% s 35% 30°l0 1 - 25%-1K ' 2 7,596 23.0 g 20% i 16.196 16A% 16.1% 75°/u � 14. 10% ' � 3 5°l0 2.496 2.4% 2.41 i 010 VERY IMPORTANT NOT VERY NOT IMPORTANT DONT KNOW IMPORTANT IMPORTANT AT ALL Respondents were then asked a final set of questions about future services to - determine how important it was to receive each of six different commercial - services. "High speed Internet connection" was clearly the service deemed to be most important by respondents, as 30.1% said it would be a "very important" service. "Telephone service" was considered "very important" by 13.2% of the respondents. No other service tested was considered "very important" by more than one in 10 respondents. When both "very important" and "important" responses are combined, "high. - speed Internet connection" was, again, clearly the service most desired by - respondents with well over half(57.2%) saying it was "very important" or "important." "Movies on demand" received the support of 37.2% of the 21 iii i i " i i • " i i • i ` i i � - -s s - - w•a w ■ w-w +^ wig i r { f F � rs wl e EM i ��+ ! i f!; Ri., moi,« i i .i. li • ,i. i{ IMi * 'f Milli r: `.. � .ate: �/•frj✓. M�; ! J r ` N i Y�j,. :i'y h§ f ff rl. l:ff: yrjlf. 'r .r. .:: rf':•i4%� FF...,,: _ r%F":.� �'%/! -�,,r,rf':. r ff .i" Contra Costa CxdY Of those respondents who felt these services were either "very important" or "important," a follow up question was asked to determine if they would be "willing to pay an additional fee to obtain them." Almost three out of IO (28.9%) of these respondents indicated such a willingness, with an additional 39.1% indicating "maybe" or "don't know." If you answered "Very Important" or"Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? YES IVKYBB270N'T KNOW 28.9% 39.1% NO 32.0% 23 Cvrrtra Costn Canty Demographics Several demographic questions were asked of all survey respondents. As is the case in most communities regarding telecommunications and cable issues, two of these demographic variables -- the age of the respondent and the level of household income -- consistently provided the most significant findings. These differences across age and income levels are most notably seen in the areas: General Quality & Service Issues, Local Programming, Computer Ownership and Future Services. General Quality & Service Issues Respondents reporting higher levels of income tend to be less satisfied with the courteousness of the cable company staff as shown below. Providing courteous staff who are readily available when you need assistance X income M Under$40,000 ■$40 to$59,999 0$60 to$99,999 0$100,000 or More 70:09b 70.296 __-- 600/0 50% 40% W/o 2t7"/o t 11.336 a.as9 1011/0-# { 5.0% 3 5.0-95 4 Good/very Good Fair PoorNery Poor Don't Know NIA 24 CD#tYd CDStti Cdit?t.� Local Programming - As shown in the following two graphs, middle-age respondents (between 45 and 64 years old) are significantly more likely to have watched CCTV (Contra Costa Television), while younger respondents appear to be more interested in learning how to make programs to show on a local cable channel. Have you ever watched CCTV X Age IM Under 45 1145-64 0 65 or Older ?3 — --- 80%-r' 70% 56.6%� 53. 43.4% 800/0 ! 40010 30010 10%_; 0% Yes No - Would you be interested in learning how to make a program X Age ®Under 45 ■45-64 0 65 or Older 0 1 84.1% 90% _-- 80010 _- 731 6 , 70%V' 600%, Mrlo . // 4tltt55 Q76.-% 4 30% 20% 6.7% 10010 5 3tfo 7.096 2.2`�n 3.096 4"10 Yes No Maybe Don't Know 25 codra costa cowrty Computer Ownership As could be expected, respondents reporting higher levels of income and younger respondents are both significantly more likely to own a computer. Do you have a computer in your home X Income _ M Under$40,000 i$40 to$59,999 0$60 to$99,999 0$100,000 or More 100%;'// a .. -- — i —— -- -- --- 74A% - - -- --- - 7094 56.7% t I% 3 43.3% 50% Z .. — — -- --- 30010? —_ -- -- 16 9°l0 20°/a - 10°l0 0% . Yes No Do you have a computer in your home X Age M Under 45 ■45-64 ®65 or hider 86.3/O r, / 90%� BC►°la 48.1% 50% / `s 40%-�' ---- 20%4' 10%7 MIA} Yes No 26 Contra Cosu CM?q Future Services In general, respondents reporting higher levels of income and younger _ respondents are more likely to think that it is important to receive a host of government and community information through the cable system. The - graphs below are representative. Ability to vote, renew license or obtain permits from home X income M Under$40,000 i$40 to$59,999 ®$60 to$99,999 0$100,000 or More 500/off 46.7% 450/6- 40% 5%4d010 Zl— _---- : 35010 " -- 30070 - - 3 s 25.8 25%, 2001a' 16,7% 15°1a - 1 0.9% 0.9% 1C1°la 0% VERY NV'F'ORTANT WORTANT NOT VERY NPORTANT NOT IMPORTANT AT ALL Ability to mote, renew license or obtain permits from home X Age ®Under 45 8 45-64 ❑65 or Older 45010 -- 400/c 89Fr a 35� 35010 300A- - -- -- 25%' # 2001a 151 : 1130>a �i __ 5°la t ,' 0% VERY IMPORTANT IMPORTANT NOT VERY NOT IMPORTANT DON'T KNOW IMPORTANT AT ALL 27 Contra cxa CNnq As with the government and community information, respondents reporting higher levels of income and younger respondents are more interested, in general, in receiving several commercial services. This is especially noteworthy with regard to receiving a high speed Internet connection. High speed Internet connection X Income M Linder$40,000 0$40 to$59,999 Il$60 to$99,999 o$100,000 or More % 46.1 _ - — --- —__ _ 401la 30% _ ._.. 25%-, t — - 200% 15,696 } 78 10% t!°la VERY IMPORTANT IMPORTANT NOT VERY NOT IMPORTANT AT IMPORTANT ALL High speed Internet connection X Age M Under 45 0 45-64 0 65 or Older 500/0 { _ 45°lA — — --- -�. - 4CI°�0 38 35°l0 3 -- 6% 00/0 VERY IMPORTANT IMPORTANT NOT VERY NOT IMPORTANT DON'T KNOW IMPORTANT AT ALL 8 . . ...............................''I'll-,............................ .... ...................................................................... Contra Costa Cffinty Finally, as could be inferred from the level of interest they display for these commercial services, younger respondents are significantly more willing to consider paying extra to receive those services that they rate important or very important. If you answered "very important" or"Important," would you be willing to pay an additional fee to obtain these services X Age M Under 45 E 45-64 0 65 or Older ------------- 433% an 69 i ......... .... 40% 37.8%4-� gip t 96 35%-kI ' 26.7% �' 30%- .203% ----- i 20% $ ----- 20% 1 15%-r if 100/0 00/0 Yes No Maybe/Don't Know A complete listing of all frequencies, including demographics, can be found under Tab 3. All cross-tabulation tables can be found under Tabs 5 & 6. 29 i 3. Unabridged Frequencies DRAFT-CONFIDENTIAL, Contra Costa Cities and County Cable Consortiunj Contra Costa Cities & County Cable Survey- November 1999 - The Buske Group Is your residence located in Centra Costa County`? Number Percent YES 409 100.0% NQ/D03N"T KNOW 0 0.0% Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Is your residence located within any one of the following areas: Pinole, San Ramon, San Pablo, .Pittsburg, Marina Bay, Kensington, Hercules, El Cerrito, or the Concord Naval .pons Stations Number Percent YES 1 DON'T KNOW 0 0.0% NO 409 100,0% Total 409 100.0% Missing Cases=0 Response Percent= 100.0% How long have you lived in Centra Costa County? NTutnber Percent LESS THAN 5 YEARS 14- 3.4 % BETWEEN 5 AND 10 YEARS 48 11.7% BETWEEN 10 AND 20 YEARS 44 10.8% OVER 20 YEARS 303 74.1 % Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, L.L.C. Y DRAFT CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey- November 1999-The Buske Group Do you currently subscribe to a cable TV service? Number Percent YES 383 93.6% NO/DQNYT KNOW 26 6.4 % Taal 409 100.0% Missing Cases= 0 Response Percent 100.0% Which cable TV service do you subscribe to.- TO or AT&T. Century, or Ponderosa? Number. Percent TO 1 AT&T 383 100.0% CENTURY I P0'1NTDER0 A 0 0.0% Total 383 100.0% Missing Cases=26 Response Percent=93.6% How long have you subscribed to cable TV in Centra Costa CQunty? Number Percent LESS THAN 1 YEAR 14 3.7% BETWEEN 1 AND 5 YEARS 55 14,4% BETWEEN 5 AND 10 YEARS 54 14.1 % OVER 10 YEARS 260 67.9°lo Total 383 100,0 % Missing Cases=26 Response Percent= 93.6% Group W Communications, L.L.C. DRAFT-CONFIDENTIAL Contra Costa Cres and County Cable Consortium Contra Costa Cities & County Cable Survey_ November 1999-The Ruske Group For each item lease rate the cable company's erformanm VERY VERY DONT GOOD GOOD FAIR POOR POOR KNOW N/A The quality of the picture and sound you 126 184 56 14 2 1 0 receive at home 32.9% 48.0% 14.6% 3.7% 0.5% 0.3% 0.0% Providing cable service with few or no 88 197 69 18 5 4 2 interruptions 23.0% 51.4% 18.00/0 4.7% 1.3% 1.0% 0.5% Quickly restoring 78 171 64 23 5 23 I9 service when it goes out 20.4% 44.6% 16.7% 6.0% 1.3% 6.0% 5.0% Providing a good variety 75 168 80 40 15 4 1 - of programming services 19.6% 43.9% 20.9% 10.4% 3.90/o 1.00/0 0.3% Providing bills that are accurate and easy to 104 205 40 9 3 17 5 understand 27.2% 53.5% 10.4% 2.3% 13.8010 4.4% 1.3% Keeping you informed about changes in your 94 182 50 17 6 23 11 service 24.5% 47.5% 13.1% 4.4% 1.6% 6.0% 290/0 Providing courteous staff who are readily available when you need 966 146 45 20 7 37 32 assistance 25.1% 38.1% 11.7% 5.2% 1.80/0 9.7% 8.4% Arriving at a fair resolution of disputes (if you have had a dispute with the cable 15 18 18 11 4 28 289 company) 3.9% 4.7% 4.7% 2.9% 1.0% 7.3% 75.5% The overall quality of the cable programming 70 196 80 24 8 3 2 servicers 18.3% 51.2% 20.9% 6.3% 2.1% 0.80/0 0.5010 The overall value of the 58 148 108 42 13 12 2 cable TV service 15.1% 38.6010 28.2% 11.010/0 3.4% 3.1% 0.5% Group W Communications,L.L.C. Y _.. ......._._.._._. _.. __ _ __ _..... .......__.._......._... .... ......... ......... .. .._.... ... _..._. .._..._.. ........ _..._. ._.. _.... _..........._...... DRAFT-CONFIDENTIAL Contra Costa:Cines and County Cable Consortium Contra Costa Cities & County Cable Survey- November 1999- The Busi:e Group Have you tried to telephone the cable company during;the past yeas`? Number Percent YES 184 48.0% NO 189 49.3 % DON'T IMW 5 1.3 % DON'T REMEMBER 5 1.3 oda Total 383 100.0% Missing Cases=26 Response Percent= 93.6% When you last tried to telephone the cable company, were you able to get through to a company representative right away, or were you placed on held, or were you connected to a message answering system, or did you get a busy signal or was there no-answer? Number Percent GOT THROUGH 97 52.7% PLACED ON HOLD 49 26.6% ANSWERING SYSTEM 19 10.3 % BUSY SIGNAL 5 2.7% NO ANSWER 2 1.1 % DON'T KNOW 6 3.3 % DON'T REMEMBER 6 3.3 % Total 184 100.0% Missing Gases=225 Response Percent=45.0% Group W Communications, L.L.C. _ _ DRAFT-CONFIDENTIAL Contra Costa Cites and County Cable Consortium Contra Costa Cries& County Cable Survey - November 1999-The Buske Group During the past year, have you been placed on hold when you telephoned the cable egm y? Number Percent YES 75 40.8 % NO 81 44.0% DON'T KNOW 10 5.4 % DO "T REMEMBER 18 9.8 % Total 184 100.0% Missing Cases=225 Response Percent =45.4% Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or more than five minutes, or were you never connected? Number Percent LESS THAN 30 SECONDS 3 4.0% 30-',b0 SECONDS 19 25.3 % 1 - 5 TkfflgUTES 39 52.0% MORE THAN 5 MINUTES 10 13.3 % _ NEVER CONNECTED 0 0.0% DON'T KNOW 2 2.7% DO'N'T REMEMBER 2 2.7% _ Total 75 100.0% Missing Cases=334 Response Percent= 18.3 % Group W Communications, L.L.C. Y _ DRAFT-CC?lv`I✓IDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey - November 1999- The Buske Group Has a cable company technician visited your home to install a new service or make a repair during the part year? Number Percent YES 105 27.4% NO 274 71.5 % DON'T KNOW 2 0.5 % - DON'T REMEMBER. 2 0 5 Total 383 100.0% Missing Cases=26 Response Percent =93.6% If YES to technician visit: DON'T DON'T REM- YES NO KNOW EMBER Total Were you offered an appointment that was within 58 32 6 9 105 24 hours of the time that you called for service? 55.2% 30.5% 5.7% 8.6% 100.0% Wcre you offered a choice of a morning, 64 1-7 6 18 105 afternoon,or evening appointment? 61.0% 16.2% 5.7% 17.1% 100.00/0 Were you offered a choice of a Saturday 35 37 10 23 105 appointment? 33.3% 35.2% 9.5% 21.9°lo 100.01% Did the cable company y technician keep the 97 5 2 I 10.5 scheduled.appointment? 92.4% 4.8% 1.9% 1.0% 100.0% How many visits to your home were needed before the cable company technician successfully completed your installation or made the repair? Number Percent ONE 77 73.3 % TWO 18 17.1 % THREE 5 4.8 % OVER THREE 1 1.0% -- PROBLEM WAS NEVER CORRECTED 3 2.9% DON'T KNOW 0 0.0% DON'T REM1EMiBER. 1 1.0% Total 105 100.0% Missing Cases= 304 Response Percent® 25.7% Group W Communications, L.L.C. ...... . - ........ ................_....._.......................... .........._......._...... _.._._....... ....... ............ ........... ................ DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Crista Cities & County Cable Survey- November 1999- The Buske Group DON'T DON'T REM- YES NO KNOW EMBER Total Have you ever watched the"CCTV--Contra Costa Television'channel,which features local governmental and educational programming and information about programs and services 225 150 7 I 383 available to Counts residents? 58.7% 39.2% 1.8% 0.3% 100.00/0 Is the signal quality for the CCTe channel equal to the signal quality for programs on the other 142 59 23 1 225 channels of the cable system? 63.1% 26.2% 10.2% 0A% 100.0% Have you seen or would you be interested in seeing cable TV programs about Contra Costa County residents,organizations,events,schools, 189 166 28 0 383 and government? 49.3% 43.3% 7.3% 0.0% 100.0% How oven did you watch the CCTV channel during the past month? Number Percent DAILY 7 3.1 % 1-6 TIMES/WEEK. 32 14.2 % 1-3 TIMES/MONTH 92 40.9% LESS THAN MONTB LY 90 40,0% DON'T KNOW 2 0.9% DON'T REMEMBER 2 0.9% Total 225 100.0% Missing Cases= 184 Response Percent= 55.0% Group W Communications, L.L.C. r ............................................................................ DRAFT_CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities eft County Cable Survey- November 1999 - The Buske Group MAY- DON'T YES NO BE KNOW Total Would the organizations that you are involved with be interested in having programs about their senices and activities appear on a local cable TV 87 191 40 65 383 channel? 22.7% 49.9% 10.4% 17.01% I00Jr/Q Would you be interested in learning hove to make a program to show on a local cable TV channel, 59 291 24 9 3833 using equipment provided free of charge'? 15.4% 76.0% 6.3% 2.3% 100.0"/0 How important do you think it is to have local cable TV channels that feature programs about Centra Costa County residents, oganizations, events, schools and government? Is this very important, important, not very important, or not important at all? Number Percent VERY IMPORTANT 88 23.0% LWORTANT 175 45.7% NOT VERY IMPORTANT 88 23.0% NOT IMPORTANT AT ALL 28 7.3 % DON'T 124OW 4 1.0% Total 383 100.0% Missing Cases=26 Response Percent= 93.6% Group W Communications, L.L.C. _........ ........ 1111 ........ ............ ......... ......... .._...... _... .._................__......_.... ........................... .....__.. _1111 ........................... ................................................................... DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consdrtium Centra Costa Cities& County Cable Survey- November 1999- The Buslte Group How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Contra Costa County residents, organizations, events, schools and government --two dollars, a dollar fifty-one dollar fifl .cents or nothing? N tuber Percent TWO DOLLARS 108 28.2 A DOLLAR FIFTY 54 14.1 % ONE DOLLAR 15 3.9% FIFTY CENTS 40 10.4% NOTHING 145 37.9% FIVE DOLLARS 4 1.0% TEN DOLLARS 3 0.8 % TWENTY CENTS 2 0.5 % TWENTY FIVE PERCENT 1 0.3 % THREE FIFTY 1 0.3 % MAXRvfUM POSSIBLE 1 0.3 % TEN PERCENT 1 0.3 % SIX DOLLARS 1 0.3 % 5 TO 10 PERCENT 1 0.3 % ONE PERCENT 1 0.3 % - THREEPERCENT NT 1 0.3 % SIX PERCENT 1 03 % TWENTY FIVE CENTS 1 0.3 % TWO FIFTY 1 0.3 % TEN CENTS 1 0.3 % Total 383 100.0% Missing Cases=26 Response Percent= 93.6% Do you think the cable company should offer more channels than it currently -provides? Number_ Percen_t - YES 188 _. 46.0% NO 175 42.8 % MAYBE 20 4.9% DON'T KNOW 26 6.4% Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, L.L.C. _. ........ 1.11.1 ......... ............ ........_ ......... ......._. _. .........._._....__.. ........................ .................. ........._111.1 .. ..............................................................1111.. DRAFT.CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey- November 1999- The Buske Group YES NO Total 303 106 409 Do you have a computer in your home? 74.1% 25.9% 100.00/0 IF YES,is your home computer used to 248 55 303 access the Internet'? 81.8% 18.2% 100.0°}0 IF YES,has a personal or business"Wcb site" 56 192 248 been created with your home computer? 216% 77.4% 100.0% During the past week, how long was your home computer used to access the Internet? Number Percent UNDER 5 HOURS 91 36.7% 5 - 15 HOURS 88 35.5 % 16 - 25 HOURS 38 15.3 % OVER 25 HOURS 22 8.9% DON'T KNOW 6 2.4% DON'T REMEMBER 3 1.2% Total 248 100.0% Missing Cases= 161 Response Percent=60.6% Group W Communications, L.L.C. DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities &. County Cable Survey- November 1999- The Buske Group Im ortance of certain,services the cable company may rnvide in exchange for using, ublic property. NOT NOT VERY VERY IM1'©- IWO- IMPO- I RTANT DON'T RTANT RTANT RTANT AT ALL KNOW Total Electronic access from home to library resources,including the card catalog, 134 140 64 59 12 4019 magazine articles,and encyclopedias 32.8% 34.2% 15.6% 14.4% 2.9% 100.00/0 The ability to vote,renew your driver's license,or obtain government pennits 137 129 60 70 13 409 from home 33.5/0 31.5% 14.7% 17.1% 31% 100.00/0 Ability to send and receive e-mail and information to and from teachers, achninistrators,and School Board 107 137 64 89 12 409 members 26.2% 33.5% 15.6% 21.8% 2.9% 100.0"/0 Electronic access from home to government information,like agendas for upcoming meetings government reports,or a listing of County services 95 172 66 66 10 409 and how to Obtain them 23.2% 42.1% 16.1% 16.1% 2.4% 100.0% Access to public safety information(for example,from police and fire 140 166 51 42 10 409 departments) 34.2% 40.6% 12.5% 10.3% 2.4% 100.00/0 Ability to participate in interactive 88 151 94 66 10 409 distance learning classes from home 21.5% 36.9% 23.00/6 16.1% 2.4% 100.0"/0 Group W Communications, L.L.C. _. ......... ...............__....... _........ ......... ......_.. _ ..... .._...... ...._.... .................. _ . .................._._... ......... ......... ............................................................................ DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey- November 1999- The Burske Group How im ortant is it to receive the following 1pecial services" NOT NOT VERY VERY DOOR- 1MPOR- IMPOR- TMPOR- TAN'T DON'T TANT TANT TANT AT ALL KNOW Total 54 75 147 124 49 409 Telephone service 13.2% 18.3% 26.2% 30.3%0 12.4% 104.4% 16 73 141 164 15 409 Interactive shopping 3.9% 17.8% 34.5% 40.1% 3.7%a 100.0% 9 42 132 210 16 409 Interactive video games 2.2% 10.3% 32.3% 51.3%© 3.9% 100.00/0 39 113 114 131 16 409 /Movies on demand 9.5% 27.6% 26.9% 32.0% 3.9'% 100.0% 123 111 55 97 23 449 _ High Speed Internet connection 34.1% 27.1% 13.4% 23.7% 5.6% 100.0% 35 102 141 150 21 409 Video teleconferencing 8.6% 24.9% 24.7% 36.7% 5.1% 100.4°/0 If you answered "Very Important" or "Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? Number Percent YES 85 20.8 % N TO 94 23,0% MA'TE/DON`T KNOW 115 28.1 % DIQVI T ANSWER VERY IMPORTANT 0... 115 28.1 % Total 409 100.0 Missing Cases=0 Response Percent = 100.0% Group W Communications, L.L.C. . r _ _1111._. ........ . _.1111 ......... ................ ......... ......... ............._. .......... .._.............. .................... .................... ._..... ...._111.1_.. ............................... DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey- November 1999 -The Buske Group E1hnicitV _ _ _ Numb!g Percent Caucasian 333 81.4% Hispanic 8 2.0% African American 21 5.1 % American Indian 3 0.7% Asian 10 2.4 % Other 0 0.0% REFUSED 34 8.3 % Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Number Percent Under 30 26 6.4% 30-',44 85 20.8% 45 - 54 75 18.3 % 55 -64 71 17.4% 65 or older 133 32,5 % REFUSED 19 4.6% Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Group W Communications, L.L.C. _. . ....................................................................... DRAFr-CONTMENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities& County Cable Survey - November 1999- The Buske Group Inane Number Percent Under$25,000 25 6.1 % $25,000 to $39,999 42 10.3 % $40,000 to$59,999 43 10.5 % $60,000 to$99,999 65 15.9% $100,000 or more 76 18.6% REFUSED 158 38.6% Total 409 100.0% Missing Cases=0 Response Percent= 100.0% Gender Number Percent Male 181 44.3 % Female 228 55.7% Total 449 100.0 Missing Cases=4 Response Percent= 100.0% Group W Communications, L.L.C. _._. ......... ......... ......... .11.......11. ... .. .......... __....... ......... ......... ......... ........1 ...._111 . ...... ......... ......... ......... ......... ......... ........ . _. ......................................................................_. . ............................................................. 3 4. Responses to "Why not subscribe," Questions _ y DRAFT-CONFIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey w November 1999- The Buske Croup Why don't you currently subscribe to the cable TV service in your area? Number Percent TOO EXPENSIVE 7 30.4% MY HOME USES A SATELLITE RECEIVER 5 21.7% CABLE ISN'T AVAILABLE WHERE I AM 3 13.0% DON'T WATCH MUCH TV 3 13.0% TOO EXPENSIVE/NOT ENOUGH.CHANNELS 1 4.3% DON'T BELIEVE IN WHAT IS SHOWN ON CABLE 1 4.3% TOO E X3'ENSIVE/DON'T LIKE IT 1 43% JUST NEVER HAVE 1 4.3% _ ANTENNAIROOI+PROVIDES ENOUGH STATIONS 1 4.3 Total 23 100.0% Missing Cases=3 Response Percent=88.5% Group W Communications, L.L.C. _..... ......... _ _ .............. __... ......... ......... ......... ...._.... ... ..._.. ._ _... ...... .......... ......... ....._._. _.._..___.__....... ..._.... .. .......... DRAFT-CONEIDENTIAL Contra Costa Cities and County Cable Consortium Contra Costa Cities & County Cable Survey- 'november 1999-The Buske Group What would cause you to consider subscribing to cable TV in t ,fttuxe? Number Percent NOTHING 3 30.0% IF IT WAS FREE 2 20.0% LOWER.RATES/MORE PROGRAMS 1 10.0% UNSURE 1 10.0% SAME AMOUNT OF CHANNELS AND PRICE 1 10.0% MORE CHANNELSIMORE PROGRAMS I 10.0% LOWER RATES/HIGHER INCOME 1 10.0% Total 10 100.0% Missing Cases= lb Response Percent=38.5% a Group W Communications, L.L.C. t 5. Length of Subscription, Age & Gender Crosstabs •t d C C 4' 72 U L6 ? L �C N.. 0 G u', 0 - 6 , 00 G L _ - rJ .wi C`+ 012, oll O; ulc C i 55 rL C7 CN rn00 C" CS cu c3= C) Et s it to cs rte'--Ir res 5 � IT �*e Ln 00 UO (f� N 00c cc sn ad } c c r CIS 4 .moi v-, L ,fir a ON 10 00 e c z c CN CA Cd cn zi 51 c in 2 a L a a a a u ry v I 300 C'� tri CCS 3C 'J a ac o 3 r= C-1 au r C- + 1.0 .. .� y' in IC Vs w Li rn sU vo > , C14 ?' } Mp C3 O 6 to a o rn ryl an9 0. rJ � 1. 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J Y (6> "�' � •"� „f,,,,; d9 .vim.. C`3 .... � iYs ft Ct fi th ft' :# G � •7' vy K'! vi t^1 z Yrt w- ry a, r-i C K � � rl� IC ,art iA l:r: a• d' �'• M p, yam• v 41 `w CJ M 4C r M c .m si G3 tDG M OG i. y�y � V Y Q d im tia \m �Y O 1Y IT T� ww v V � a.i V `= z C s.e lu < om ry .a Lx. c-: c t °, r = c "r ( ni N o ^ tai v^3 10 r'• v O i� I'D W M bG7 C4 N � v CJ, CN N t+ rte+ In Sr W u t 4? 00 o f e o F CG w � CJ ;; cj PIP c �o CN ..4 e� ra m� -- �� ra r- «� M rY ra G� 4n �* Y,9 .T a eFy o 00 oc 00 00 C'I 00 00 zr. 00 C> Kiri M M tl+i �.r i.r C7 _ CV N m 1 sy"U yCJ In ;� x • ON 01 { kA rr � "f' W CS of sIri 7 f F C� a.. t� c C, o0 t C; Qn 4.3y :1 "C3G c el ri 3 M N �i ai 3 Lr/ � w �" �S i. ice. 6• O• W 'U U `tt C'i f`F M N y tt t ,Q rti"t C y�yy{y t_ jj'4V\ �i V Wy �i M tLL+ 6vM rl 7. Survey Instrument CONTRA COSTA COUNTY CABLE GROUP W_ TELEPHONE SURVEY Nebo, I'm of Group W Communications. Contra Costa County and a group of cities in the County have asked us to conduct a survey about the local cable TV service. We're talking with members of randomly selected households. This will only take a few minutes, and I'm not selling anything. May I please speak to the [female/male) head of the household? (RE-READ THE FIRST PARAGRAPH IF DIFFERENT PERSON COMES TO PHONE, THEN CONTINUE HERE.) The County and many communities within the County are considering requests from the area's cable company to renew Its contracts to provide cable TV service. Would you mind answering some questions about the cable company's current service? (IF NOT A CABLE SUBSCRIBER: I have a few questions for you, too.) (IF NO: Is there a convenient time for me to call back? } 1. Is your residence located in Centra Costa County? 1-YES 2=NO 1 DON'T KNOW(IF "NO" OR "DON'T KNOW," TERMINATE INTERVIEW) 2. Is your residence located within any one of the following areas: Pinole, San Ramon, San Pablo, Pittsburg, Marina Bay, Kensington, Hercules, EI Cerrito, or the Concord Naval Weapons Station? 1=YES 1 DON'T KNOW(IF"YES" OR"DON'T KNOW," TERMINATE INTERVIEW) 2=NO 3. Now long have you lived in Contra Costa Counter? 1=LESS THAN 5 YEARS 2=BETWEEN 5 AND 10 YEARS 3=BETWEEN 10 AND 20 YEARS 4-OVER 20 YEARS 4. Do you currently subscribe to a cable TV service? 1=YES 2-NO/ DON'T KNOW {GO TO QUESTION 35, "NON-SUBSCRIBERS QUESTIONS"1 5. Which cable TV service do you subscribe to: TCI or AT&T, Century, or Ponderosa? 1-TC I f AT&T 2=CENTURY 1 PONDEROSA(TERMINATE INTERVIEW) 6. How long have you subscribed to cable TV in Centra Costa County? 1=LESS THAN 1 YEAR 2=BETWEEN 1 AND 5 YEARS 3=BETVt#EEN 5 AND 10 YEARS 4=OVER 10 'YEARS I would like to ask you about your level of satisfaction with the cable TV service in a number of areas. For each item, please rate the cable company's performance as follows. Very Good, Goad, Fair, Poor, or Very Poor. If you don't know, just say so. Let's start with...(ROTATE ORDER 4F ITEMS) VERY VERY DON'S` GOOD GOOD AIR POOR POOR KNOW N/A 7. The quality of the picture and sound you receive at home 8. Providing cable service with few or no interruptions 9. Quickly restoring service when it goes out 10. Providing a good variety,of programming services 11. Providing bills that are accurate and easy to understand 12. Keeping you informed abut changes in your service 13. Providing courteous staff who are readily available when you need assistance 14. Arriving at a fair resolution of disputes (if you have had a dispute with the .cable company) 15. The overall gualit of the cable programming services 16. The overall value of the cable TV service 17. Have you tried to telephone the cable company during the past year? 1="YES 2=NO (IF "NO," GO TO QUESTION 21) 3=DON'T KNOW (IF "DON'T KNOW," GO TO QUESTION 21) 4=DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 21) 18. When you last tried to telephone the cable company, were you able to get through to a company representative right away, or were you placed on gold, or were you connected to a message answering system, or did you get a busy signal, or was there no answer? 1=GOT THROUGH 2=Pl..ACED ON HOLD 3=ANSWERING SYSTEM 4=BUSY SIGNAL 5=NO ANSWER 6-DON'T KNOW 7=DON'T REMEMBER 19. During the past year, have you been placed on hold when you telephoned the cable company? 1=YES 2-NO (IF "NO," GO TO QUESTION 21) 3=DON'T KNOW(IF"DON'T KNOW," GO TO QUESTION 21) 4=DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 21) 20. Would you estimate that you were on hold for less than thirty seconds, or between thirty and sixty seconds, or between one and five minutes, or more than five minutes, or were you never connected? 1=LESS THAN 30 SECONDS 2=30 -Bp SECONDS 3=1 -5 MINUTES 4=MORE THAN 5 MINUTES 5=N�{EVER CONNECTED 6=DON'T KNOW 7=DON'T REMEMBER 29. Has a cable company technician visited your home to install a new service or make a repair during the past year? I=YES 2=NQ (IF "NO," Ga TO QUESTION 27) =DON'T KNOW (IF "DON'T KNOW," Gtr TO QUESTION 27) 4=DON'T REMEMBER(IF "DON'T REMEMBER," GO TO QUESTION 27) As you answer the following questions, please think about the last time a cable company technician carne to your home: 22. Were you offered an appointment that was within 24 hours of the time that you called for service? '1=YES 2=NO 3 DON'T KNOW 4=DON'T REMEMBER 23. Were you offered a choice of a morning, afternoon, or evening appointment? 1=YES 2=NO 3=DON'T KNOW 4=DON'T REMEMBER 24. Were you offered a choice of a Saturday appointment? 1=YES 2=NQ 3=DON'T KNOW 4=DON'T REMEMBER 25. Did the cable company technician keep the scheduled appointment? 1=YES 2=Nth 3=DON'T KNOW 4=DCJN'T REMEMBER 28. How many visits to your home were needed before the cable company technician successfully completed your installation or made the repair? 1=ONE 2=TWO 3=THREE 4=OVER THREE 5=PROBLEM WAS NEVER CORRECTED =DON'T KNOW 7=DON'T REMEMBER 27. Have you ever watched the "CCTV -- Contra Costa Television" channel, which features local governmental and educational programming and information about programs and services available to County residents? 1=YES 2=NO {IF "NO", GO TO QUESTION 30} 3=DON'T KNOW(IF"DON'T KNOW," GO TO QUESTION 30) 4=DON'T REMEMBER (IF "DON'T REMEMBER," GO TO QUESTION 30) 28. How often did you watch the CCTV channel during the past month? 1=DAILY 2=1-6 TIMES 1 WEEK 3=1-3 TIMES 1 MONTH 4=LESS THAN MONTHLY 5=DON'T KNOW B=DON'T REMEMBER 29. Is the signal quality for the CCTV channel equal to the signal quality for programs on the ether channels of the cable system? 1='YES 2=NCS 3=DON'T KNOW 4=DON'T REMEMBER X Have you seen or would you be interested in seeing cable TV programs about Centra Costa County residents, organizations, events, schools, and government? - 1=YES 2=NO 3=MAYBE 4=DON'T KNOW 31. Would the organizations that you are involved with be interested in having programs about their services and activities appear on a local cable TV channel? I=YES 2=NO 3=MAYBE 4=DON'T KNOW 32. Would you be interested in learning how to make a program to show on a local cable TV channel, using equipment provided free of charge? - 1=YES 2=NO 3=MAYBE 4=DON'T KNOW 33. How important do you think it is to have local cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools, and government? Is this very important, important, not very important, or not important at all? 1=VERY IMPORTANT 2=IMPORTANTT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON'T KNOW 34. How much of your monthly cable bill do you think should be set aside to support the development of local cable TV programs about Centra Costa County residents, organizations, events, schools, and government -- two dollars, a dollar-fifty, one dollar, fifty cents, or nothing? 1=TWO DOLLARS 2=A DOLLAR-FIFTY 3=ONE DOLLAR 4=FIFTY CENTS 5=NOTHING 6=OTHER: QUESTIONS 35 & 36 ARE ONLY FOR RESPONDENTS WHO ARE NON-SUBSCRIBERS 35. Why don't you currently subscribe to the cable TV service in your area? (ISO NOT READ THESE —CHECK EACH REASON GIVEN BY RESPONDENT.) 01=TOO EXPENSIVE 02=DON'T WATCH MUCH TV 03=MY HOME USES A SATELLITE RECEIVER 04=USED TO SUBSCRIBE, BUT UNHAPPY WITH SERVICE 05=CABLE COMPANY DOESN'T HAVE ENOUGH CHANNELS 06=POOR SIGNAL QUALITY 07=TOO MANY RERUNS 08=CABLE. HAS ADULT PROGRAMMING THAT CAN BE SEEN BY MY CHILDREN 09=CABLE ISN'T AVAILABLE WHERE I LIVE 10=OTHER (SPECIFY): 38. What would cause you to consider subscribing to cable TV in the future? (DO NOT READ THESE --CHECK EACH REASON GIVEN BY RESPONDENT.) I=LOWER MONTHLY RATES AND OTHER FEES 2=ABILITY TO CHOOSE A DIFFERENT GABLE TV SERVICE PROVIDER 3=MORE OR BETTER VARIETY OF CHANNELS TO CHOOSE FROM 4=MORE SPECIFIC TYPES OF PROGRAMMING OR SPECIAL SERVICES (E.G., MOVIES ON DEMAND, INTERNET ACCESS, ETC.). 5=BETTER CUSTOMER SERVICE POLICIES BY THE CABLE COMPANY 6=ABILITY TO GET CABLE SERVICE TO REACH MY RESIDENCE 7=IMPROVED SIGNAL QUALITY 8=OTHER (SPECIFY): (ALL RESPONDENTS ARE TO BE ASKED QUESTIONS 37 - 66) 37. Do you think the cable company should offer more channels than it currently provides? 1=YES 2=NO 3=MAYBE 4=DON'T KNOW 38. Do you have a computer in your home? 1=YES 2=NO (IF "IVO," GO TO QUESTION 42) 39. Is your home computer used to access the Internet? I=YES 2=NO (IF "NO," GO TO QUESTION 42) 40. During the past week, how long was your home computer used to access the Internet? 1=UNDER 5 HOURS 2=5 - 15 HOURS 3=16 -25 HOURS 4=OVER 25 HOURS 5=DON'T KNOW 6=DON'T REMEMBER 41. Has a personal or business "Web site" been created with your home computer? 1=YES 2=NO s (42.) Certain improved services could be received through your television or home computer by using a high speed connection to the Internet provided by the cable system. After I mention - each one, please tell me if you think such a service is very important, important, not very Important, or not important at all. NOT NOT IMPORTANT IMPORTANT VERY IMPORTANT KNOW IMPORTANT AT ALL. 42. Electronic access from home to librsary resources, including the card catalog, magazine articles, and encyclopedias 43. The ability to vote, renew your driver's license, or obtain government permits from home 44. Ability to send and receive e-mail and information to and from teachers, administrators, and School Board members 45. Electronic access from Dome to government information, like agendas for upcoming meetings government reports, or a listing of City services and how to obtain them 46. Access to public safety information (for example, from police and fire departments) 47. Ability to participate . in interactive distance learning classes from home F I'm now going to read you a list of special services that the cable company might offer in the future. For each one, please tell me how important you think it is for you to receive the fallowing special services from the cable company. Do you feel that it is M important, important, not very important, or not important at all. 48. Telephone service? 1=VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON'T KNOW 49. Interactive shopping"? 1-VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL S=DON'T KNOW 50. Interactive video games? 1-VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON'T KNOW 51. Movies on demand? 1=VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON'T KNOW 52. High speed Internet connection? 1=VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON7 KNOW 53. Video teleconferencing? 1-VERY IMPORTANT 2=IMPORTANT 3=NOT VERY IMPORTANT 4=NOT IMPORTANT AT ALL 5=DON'T KNOW 54. If you answered "Very Important" or "Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? 1=YES 2=NO 3=MAYBE/DON'T KNOW Now, just a few questions for statistical purposes. . . . . 55. Which of these ethnic or racial groups do you most identify with: 1=Caucasian? 2=Hispanic? 3=African American? 7=REFUSED 4=American Indian? S=Asian? 6=0ther? (SPECIFY: } 56. Please tell me which of the following groupings includes your age: 1=Under 30? 2=30 to 44? 3=45 to 54? 6=REFUSED 4=55 to 64? 5--65 or older? 57. And finally, could you please tell me which one of the following income groupings comes closest to describing your household income before taxes: 1=Under $25,000? 2=$25,000 to $39,999? 3=$40,000 to $59,999? 6=REFUSED 4=$60,000 to $99,999? 5=$100,000 or more? Thank you very much for your time. (END CONVERSATION) 58_ GENDER: 1=Male 2=Female 59. 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':.:::::::.:. :.::.:.::.: .::: :. .:..::. :.::: DRAFT CONFIDENTIAL APPENDIX 1 Needs Assessment Task Force Members: Adrienne Calomino J. Ben Paredes Pat Landers Ann Shelton Jay Hoyer Pat Van Horn Art Ungar Jay Lutz Patricia Howlett Barry Kalar ,teff McCreary Paul Dickey Bea Cunningham Jim Johnston Paul Skinner Bill Legg Jim Todhunter Paula Parks Carmen Aguila-Ochoa Joan Conley Peg Kovar Carol Sweeney-Greco Joanne Emerzian Perry Palk Cheri Sprenger John Conners Peter Dragovich Cheryl Grover John Fitzpatrick Peter Muller Claire Kretzer Karen Stein Primo Dacchini Clayton Leander Katleen Odne Rich Ricci Craig Elliott Kevin Collins Richard Hemmingway Dan Hagan Lisa Wohn Robert Rothgery Dave Briccetti Lori Edelstone Sandi Anderson-Tarica Dennis Myrick Loucy DeAtley Sharron Sue Don Kaplan !Marilyn Watson Steve Fels Don Lively Mark Westwind Susan Wood Doan Smith Mary Kobayashi Teddi Grant-Adel Doris Webster Matt Rei Terry Koehne Dr. Gerhard Heinrich Maureen Kilmurray Thom Martin Ed Torres Michael Levine Tarn Donahoe Elizabeth Hudson Mike Majchrzak Tom Ehrhorn Erling Horn Mike Shimansky Tom Tanemori Evart Nakisher Mrs. Clegg Tam Thiersch Father Michael Russo Nancy Hofer Veronica Paschall Faye Donaghu Nancy Whaley Vinay Shrivastava Gary Shaub Nate Sonenshi e Yancy Young Greg Gould Newell Arnerich DRAFT-- CONFIDENTIAL APPENDIX 2 Community Cable Needs & Interests and PEG Access Questionnaire This questionnaire was distributed to attendees of the following focus group workshops. Arts, Culture and Heritage Business arra Business Organizations Churches/Faith Organizations and Seniors Education: K 12, Post Secondary, Early Childhood Educators Health and Human Service OrganizationslSeniors Local Government Departments and AgencieslPublic Safetyl Emergency Services Neighborhood and Community Organizations Neighborhood and Community Residents !Nonprofit and Services Organizations Youth and Youth Organizations COMMUNITY CABLE NEEDS • INTERESTS AND PEG ACCESS QUESTIONNAIRE The following questions are designed to gather information about community cable needs and interests and your knowledge and/or use of the Public, Educational and Government {PEG} Access resources that are provided to residents of Clayton, Concord, Danville, Lafayette, Martinez, Moraga, 4rinda, Pleasant Hill, Walnut Creek and unincorporated Contra Costa County who receive cable service from AT&T, formerly TCL Hereafter(for brevity's sake), these communities will be referred to collectively in this questionnaire as "Contra Costa County." The information gathered will be used to assess whether current services and resources are adequate and appropriate, and help to identify changes, if any, that might be made to meet future community cable and PEG Access needs and interests. 1. Do you currently subscribe to the "AT&T" cable TV service in Contra Costa County? _.,,.Yes No (If"No,"go to Question 7 on page 3 of this questionnaire) 2. Have you seen or would you be interested in seeing locally produced cable TV programs about Contra Costa County residents, organizations, events, schools, and government? Yes Maybe — No (if"No,"go to Question 7 on page 3) 3. Have you ever watched the Public Access channel or the "CCTV -- Contra Costa Television" channel on the AT&T cable TV service? —Yes — No (If"No,"go to Question 6 on the next page) 4. How many times have you watched the Public Access channel or the "CCTV -- Contra Costa Television" channel in the past month? — More than 10 times _6 - 10 times _ 1 - 5 times ® Never 5. Please describe or provide the names of the programs that you have watched on the Public Access channel or the "CCTV -- Contra Costa Television" channel: - 1 - COMMUNITY A ,: INTERESTS AND PEG ACCESS QUESTIONNAIRE 6. Tease indicate your level of interest in seeing each of the following types of local programs that could be provided on cable'TV channels In the future. Are you Interested, interested, nQt very interested, or nM interested at all? VERY NOT VERY NOT INTERESTED INTERESTED INTERESTED INTERESTED AT ALL a. City and County government meetings _ b. Community festivals, neighborhood events c. Consumer protection programs d. Courses from area colleges and universities e. Environmental programs f. Ethnic and cultural programs g. Events/activities sponsored by the City/County h. Foreign language programs I. High School equivalency courses j. Informational programs about services and activities of local organizations/clubs k. Information regarding public emergencies 1. Kindergarten through 12th grade instructional courses m. Kindergarten through 12th grade music and drama productions n. Local business news and information o. Local health and wellness programs p. Local public safety information q. Local sports and recreational activities (Little League baseball, hiking, etc.) r. Programs about activities and concerns of persons with disabilities s. Programs about City/County government services t. Programs about issues facing City/County government u. Programs about K•12 schools and school activities v. Programs about City/County arts, history and culture w. Religious programming(local churches) x. School Board meetings y. Senior citizen activities and concerns z. Special events and activities from area colleges and universities aa. Indicate other types of local programs that you would like to see: - 2 - COMMUNITY AND PEG ACCESS QUESTIONNAIRE 7. How important do you think it Is to have cable TV channels that feature programs about Contra Costa County residents, organizations, events, schools, and government? Very Important — Important s Not Very Important — Not Important at All 8. Prior to this focus group workshop, were you aware that the community organizations that you are involved with can have programs about their services and activities appear on the Public Access channel on the AT&T cable TV service? Yes ® No 9. Prior to this focus group workshop, were you aware that you and your friends and colleagues can learn how to make programs to show on the Public Access channel, using video production equipment managed by AT&T? _Yes — No 10. Have you ever helped to produce a program to show on the Public Access channel, using video production equipment managed by AT&T? _Yes _.. No (if"No,"go to Question 21 on page 6 of this questionnaire) 11. Please indicate the location of the facility where you used the AT&T video production equipment to help produce a program to show on the Public Access channel. 12. How many programs have you produced (or helped to produce) for presentation on the AT&T Public Access channel during the past two years? More than 10 6 - 10 — 1 - 6 None 13. How readily available were the AT&T video production facilities and equipment when you wanted to produce a program (or material for a program)? Always Available _ Sometimes Available Rarely Available 14. How would you describe the typical operating condition of the AT&T video production facilities and equipment when you have used them? ® _ Excellent Good — Fair _ -. Poor _Very Poor - 3 - COMMUNITY CABLE NEEDS INTERESTS AND PEG ACCESS QUESTIONNAIRE ------------ 15. Does the quantity, technical quality, and "user-friendliness" of the AT&T video production facilities and equipment currently meet your needs? _Yes _ No (If"No,"please indicate what you need below. Check all that apply.) ....` Camcorders that are easier to use — More camcorders available for check-out _Camcorders with more advanced capability _ Editing systems that are easier to use _ More editing systems — Editing systems with more advanced (including nonlinear) capability _ Better studio production equipment Better electronic graphics capability — Other (describe):. 16. Please use the space below to provide any other comments about the AT&T video production equipment and facilities. 17. Have you ever taken a video production training course that was provided by AT&T? Yes No (If"No,"go to Question 19 on the next page of this questionnaire) 18. How would you rate the overall quality of the training services provided to you by AT&T? Excellent _ Good _ Fair Poor Very boor - 4 - ......_..................._. - ... .. COMMUNITY CABLE i' . INTERESTS AND PEG ACCESS QUESTIONNAIRE 19. Please rate the quW of the following services provided by the AT&T staff: EXCELLENT GOOD PAIR POOR VERY POOR a. Efforts to inform area residents about the Public Access facilities,services,and programming b. introduction to the Public Access facilities and services c. Assistance in planning the creation of your program(s) d. Assistance to reserve the production equip- ment needed to produce your program(s) e. Assistance to help find production crew members needed to produce your program(s) _ f. Maintenance of the production equipment to keep it in good working condition g. Assistance to help you promote your program(s) when ready to show on cable TV h. Advice to help you improve your program(s) I. Playback of programming on the Public Access channel 24. Please indicate which of the following would encourage you to produce more programs (check all that apply): —Camcorders available for me to check out more often Editing systems available for me to use more often Studio available for me to use more often r Multiple-camera production system for my crew members to use out in the community More hours of operation at the AT&T video production facility More reliable equipment that I know will be working when I am scheduled to use it State-of-the-art production equipment (e.g., digital cameras, VCRs and camcorders) Ability to present programming 1,LQ from various Contra Costa County locations More training classes (beginning through advanced levels) Staff persons to help me plan my programs Assistance to help me find production crew members needed to produce my programs Staff persons to help me promote my programs when ready to show on cable TV _.,._Advice to help me improve my programs Other (describe): - 5 - COMMUNITY CABLE AND PEG ACCESS QUESTIONNAIRE 21. a. Do you have a computer In your home? Yes __. No (if"No,"'go to Question 22) b. Is your home computer used to access the Internet? Yes , No of"No,"go to Question 22) c. In an average week, how long Is your home computer used to access the Internet? Under 5 hours — 5 - 15 hours — 16 - 25 hours —Over 25 hours d. Has a personal or business "Web site" been created with your home computer? —Yes — No 22. Please indicate how important you think it is for you to receive the following special services from the cable company, If such services are offered in the future: Not Very Not Very Important Important Important Important At All a. Telephone service b. Movies on demand c. Interactive shopping d. Interactive video games e. High speed Internet connection ._._ f. Video teleconferencing (2 way video) g. If you Indicated "Very Important" or "Important" regarding any of the above special services, would you be willing to pay an additional fee to obtain them? Yes No Maybe 23. Do you think the cable company should offer more channels? Yes No Maybe 24. a. What types of programming do you or your family members believe should be more readily available on the cable company's channel line-up? Arts/Cultural Local news, activities, events, etc. News& Information Children's Documentaries Sports Classic Movies __ Educational Religious Comedy Music Recent Movies Other: b. If you checked any of the above, would you be willing to pay extra to receive additional channels devoted to those types of programming? Yes No Maybe - 6 - COMMUNITY CABLE AND PEG ACCESS QUESTIONNAIRE 25. Certain improved services could be received through your television or home computer by using a high speed connection to the Internet provided by the cable system. Please indicate how important you think it is to receive the services described below through your TV or home computer. Not Very Not Very Important Important Important important At All a. Access to Library resources (card catalog magazine articles, encyclopedias,etc.) b. Ability to vote, renew your driver's license or obtain government permits from home C. Ability to send and receive e-mail and information to and from teachers,school administrators,and school Board members d. Access to government information (City and County government meeting agendas, a listing of City/County services and how to obtain them, government reports,etc.) e. Access to public safety information (e.g.,from police and fire departments) f. Ability to participate In Interactive distance learning classes from your home 26. Thank you very much for your assistance. You are invited, but not required, to provide any of the following information about yourself and/or the organization you are associated with: Name: Organization: Address: Telephone Number: - 7 - DRAFT-- CONFIDENTIAL AP'P'ENDIX 3 Notes from the Focus Group Brainstorming Sessions Focus Group: Community/Service/Human & Social Service Organizations and Agencies (November 9, 1999) Key Issues Facing the Community • Lack of transportation • Growth • Education - aging population • Traffic control • Housing, environmental quality • Taxes • Poor and rich divide • Good nutrition • Better communication between public and government • Interaction between public and government • Arts, culture and diversity • Crime • Employment • Telecommuting - transportation • Global awareness • Access to medical care • Literacy • Hunger • Homeless • Childcare • Public safety • Preservation of sense of history and on sense of the history of the area Key Issues.Facina Public n m ni r n' in h N Years • Access to transportation and infrastructure • More user friendly public transportation • Too much political funding turf in delivery of public services • Coordinated regional transport • Connecting services to clients • Balance between sustainable growth and quality of life • Regional planning and cooperation • Planning and services that deal with the specific needs of groups and populations in need • Recruiting outside employees that create traffic and other infrastructure problems • Faster access to government/public services • Transportation and communication system • Job training and literacy and thinking skills • Public and private partnerships • Community education about public issues • Impact of e-commerce on tax base • More interactive programs and public discussion • Shortage of employees matching skills with available jobs Communication Barriers in Reaching Constituents • Not having the access to an efficient non-print means of communication • Hard to get PSAs in print • Lack of funding • Having access to electronic media to distribute information • Lack of interconnection • Public not knowing services that are available • Cost of communication technology for the communication Impaired • Information overload • Cost of media production, financial and technical • The way video programs are package for transmission Ways to Use Cable and PEG Access • Interactive city council • Ways for citizens to interact with local elected officials • Distributed information to sight impaired individuals effectively • Secure interactive for permitting, licensing, registration with services • Integrated regional information for services and events • Video on demand • Distance learning • Accessing Internet and other Interactive communication by and in public buildings • Promote special events and activities • Coverage of special events and activities • "Barker' channel available to promote community events and activities • Political campaigning • Develop a better appreciation of history of the area and historic places and buildings. Easier.to Use Access • Access tools - training - staff • Production assistance • Greater flexibility program length and format • Computers available to access internet at community access center • A program format that allows access to get programs on without using the equipment • Promotion of access services • Promotion of PEG Access programs • Equipment available for field production • Having information on PEG Access viewer ship • Reach out to public agencies and schools, etc and initiate access programming • Community media center Easier to Use Cable • Having resources of"video on demand" available to Non-profit organizations • A simple way of hearing about the potential of cable and telecommunication • Informed cable staff(helpful) • Broad promotional information about programming • Web page for local resources • Reasonable rates • Simplify operational function so public can use more effectively • Handicapped accessible remote control Focus Group: Education K-12 (November 9, 1999) Key Issues Facing the CommuniW • Traffic • Getting education together for meeting shortage qualified shortage teachers • Changing demographics • Definition of communication • Shutting in seniors • Growth • Voter apathy local • Time • Commuting • Isolation - • Technical gap • Economic gap • Child care need for • Lack of cooperation between local government • Need for a knowledgeable public • Diversity • Equality in education Key Issues Facing-Public Agencies, Qomm n' r ni a " in the Next r • Meeting state curriculum standards • Training and informing the public about education issues • Reaching Internet training access to opportunities • Finding affordable training solution • Teacher shortage, continued professional development for school staff/faculty • Address apathy through providing information • Low voter turnout • Addressing non-text and technical education • Staying current with technology innovation • Finding funding to keep up with technology • Information quality control Communication Barriers in Reaching Constituents • Lack of funds • Quality control • Information overload • Lack of bandwidth • Lack of I-Net • Huge diversity of needs in the schools, economic disparity • Limited number of PEG channels/bandwidth • Moving existing systems to new technology • Rigid timing and program formats and schedules • Need for school systems support on school staffs in installation of internal wiring • Insufficient cable drops in schools • Language diversity Ways to Cable and PEG Access • Teleconference = 2 way video • Informing public of education issues • Training - life long learning through accessing information • Teach visual literacy with technology • Media consumer educator • Two-way communication between schools and home • Video on demand for education • Parent education event • School communication that reaches the home in real time - video and audio • Comprehensive voter education • Seeing local officials in action • Internet access • Local election process • Town meetings • Connection international • Foreign language programs • Support for school web sites Easier to Use Access • Affordable access • Community media center • More PEG Access spectrum available • Welcoming environment in PEG • Interconnection of jurisdictions • Interconnection of school districts • Satellite media access centers • Access to state wide PEG • Ease of use for consumer + User friendly equipment Easier to Use Gable • Free Internet access for schools • I-Net • Two-way communication with students in home • Video on demand/two-way • School staffs should include a communication systems expert • More cable drops per school, cabling, and design support for AT&T • Better communication with cable company, community liaisons • Language barrier • Efficient way to find out what programs and services are available • Getting programs you want • Affordable access • PEG Access located on basic and without technology difficult use of multiple devices • Access to extended tiers that feature the education-rich programming __....................................... Focus Group. Local Government/Public Safety/Emergency Services (November 19, 1999) Kgy Issues Facing-the G memmmuM • Lack voter participation • Information for special needs • Lack of cooperation between government • Lack of emergency preparedness • Information about government policies and actions • Training and retraining adults • Medical programming • Meeting diverse needs of a very diverse population • Lack of public access for non-profit organizations • Meet needs of business community for educated workforce • Assistance for transportation issues • Coordination of government activities and services • Public discussion of public issues Kev Issues Ina Public AaQnc es. CQrnmunityN Y • Integration of communication with libraries • Feedback from public officials • Keeping up with current technology • Cost effective cooperation and sharing resources • Funding for training, retraining and upgrading equipment • Involvement of youth and young adults in community • Encourage volunteers • How schools use cable communications • Opportunities for community art groups to set their work out • Welfare to work refinement Communica1ion barriers in ReaQh_ 1q Constituents • Lack of time slots on county channel • Lack of county wide education channel • Time and money • Lack of equipment and Internet access • Slow communication speeds • Lack of cable connections in classrooms • Staffing issues (Insufficient outreach staff) • division of responsibility between too many government and other entities • Lack of skilled human resources • Lack of two-way video communication • Lack of understanding of potential benefits of I-Net • Need to address communication needs in diverse ways • Attracting and retaining high tech workers • Linguistic diversity • Cost of producing programs Ways to Use Cable and PEC Access • Financial planning programming • Access public agencies and public after hours • I-net for educational uses • Live call-in programming • Programming reach isolated populations, i.e. seniors • Internet access, high speed • Build community "sense of • Live programming drops from different sites in the community • Telecourses • On-line classes + On-line support for traditional classes + Showcase local talents • Telecommuting • Providing programming in foreign languages • Use to teach technology and media communication + College distance education • Two-way communication from how to educator • Servers in the home, "web-site" • Host web-sites for subscribers • Host web-sites for school Easier to U e Access • Staff assistance • Increased channels + Cooperation of the governments in the provision of PEC • Multiple locations of PEG facilities • PEG accessible to all of the population • Spectrum space provisions, not simple channels • Spectrum space provisions tied to growth + State of art equipment for students to learn "ATV" + PEG available on lower tier • Identified entity to enable PEH • Work with the CCETV consortium Easierjo Use Cable • A la carte programming • High speed system • Lower cost or free in the case of access • Easy to sue set top boxes • Integrated cable modem in set top boxes + Cost effective transition to digital - Simple installation of cable modems • Standardize channel numbers Programming on demand Focus Group; Neighborhoods, Community Residents, Neighborhood Organizations (November 10, 1999) Key Issues Facing the Communitv • Getting community participation • Getting information out to public • Service equality county-wide • Equity in west county to public service areas • Traffic • Crime • Community diversity • Pollution • Education improvement • Money for addressing problems Key Issues Facing Public Agencies, Comm ni r niz ti in the Next 5 Year5 • Language diversity • Crime prevention • Emergency services/preparedness • Planning for development • Inter-agency cooperation • Regional planning • Traffic/transportation remedies • Internet for home and small businesses • Poorly educated K-12 graduates entering college • .lob preparedness - training • Multicultural issues Communication Barriers in Reachina Constituents • Language barriers • Communication competencies vary widely among different groups • Communication impairment • Using the current communication medium to reach public • Lack of skills in using technology • Access to funds to communicate • Distrust and indifference to government ....... _. ....................................................... __ ..... .... ............................................................................................... v_Jaya to Use Qable apd PEG Access • Multi-lingual access programs (include 2nd audio channel) * Community meeting times, dates, purposes * Interaction with government meetings on-line • Emergency alert system • Interactive education channels * Have public access programming which are really active • Red cross * United way • Video-on-demand or PEC Access - * Telephony Easier to Use Access • Multiple PEC Access facilities * Increased efforts to support access and develop programming proactively nasi able * Cable system should be upgraded to address two-way traffic • Programming that is available at convenient times, on-demand and real time Focus Group: Arts and Cultural Organizations (November 11 , 1999) Key Issues Facing the Community * No forum for Non-profit organizations to get their message our to the public * No forum for non-profit organizations to communicate with each other * Adequate library * Growth • Traffic * Economic viability of downtown • Lack of arts education • 24 hour access to government services * Jobs - housing balance Interactive conferencing worldwide * Environmental issues * Diversity - urbanization * Accessibility * Quality of education • Forum for discussion of local issues * Access to election results • Local and regional land use, planning issues Kp,y Issues Facing Public A-gendes. Qomm-unily-Organizations, N xYears • Arts fundraising • Adequate cultural facilities • Build and diversify audiences • Community media center with adequate funding • Doing adequate community outreach • Cutting edge capability for reaching the community • Greater partnership and collaboration • Extending cable to rural areas of the county Communication Barriers in Reaching Constituents • Balkanization of access programming throughout the county franchise and program editorial policies • Inadequate volunteer base • Inadequate funding base • Special lower rates, programming, for fixed and low income persons • Information overload • Tools and technology for hearing and vision impaired (ease of use of cable system) • Lack of access to other systems in Alameda county Ways to Use Cable and PEC Access • Cross channel promotion of arts activities and events = Communication about local issues, culture and activities = Receive up to date election results • Access government processes = Internet access • Learn about pending legislation - • Arts education "Network" 24 hour • School/arts/collaboration • Interactive distance learning • Access radio station/cable/Internet • 24 hour government services • Live origination of local programs = Independent video and animation • Two-way communication • Two-way activities = Video on demand - streaming video on demand Easier Use ccess • Multiple PEC Access channels • Regularly programs on PEG Access • State of the art equipment and facilities (locally) • Support for arts PSA production • County-wide interconnection of access channels • Rational community program policies • Community media center • Funds for staff and engineering support • Educate public about access programming and services • Information about PEG Access viewership ("hits" on Internet) • Permanent staff to facilitate production • Training done in collaboration with area education institutions • Community media center that feeds all franchise systems • Regional multi-county local program exchange Easier to Use,Cable = User friendly program information and promotion = Collaboration between the cable operator and art community - third party flow through promotion for non-profit as well • Technology reopeners in the franchise • Maintain state-of-the-art "A-la-carte" programming • Rates based on user fee not a "tier" fee Focus Group: Youth and Youth Organizations (November 11 , 1999) Key Issues Facing the Community • Traffic • Growth • Lack of activities for youth • Publicizing youth activities in existence • Lack of youth governed activities • Lack of informal youth activities • Inter-group youth activities • Better connection between high schools • Need for athletic facilities • Technology education for youth and teachers • Education Key Issues Facing Eublic Agencies. Community Organizations, in the Next 5 Years • Increasing visual literacy • Increasing media literacy • Networking school debates and activities between schools • Regional planning • Regional communication planning • Regionalizing PEG Access or CCC PEG • Staying abreast of technological change • Increasing aging population • Avoiding technology have-nots • Addressing technology have-nots • Developing guilds that index the relative level of communication "smartness" or sophistication Communication Barriers in Reaching Co sti encs • Lack of communication between high schools • Need for training for necessary communication skills • Technology have and have-nots • Addressing the barriers of those who don't have access to technology • Multiple jurisdiction which are not finked • Lack of understandable information about technology • Technophobia • Lack of equality between schools and their access to cable system and resources _ ............................................ .......................................................................................................... ......... ............................ ................................... Ways t� o Use Cable-and PEG &cess • Networking of school system + Regional PEG Access in addition to local PEG Access « Peach aging community with information « Programming on traffic issues « A transportation channel that lets the public monitor streets and highways « Cable radio « Internet, Internet chat « Cable "e-mail" addressing integrated with voice mail « Community video-on-demand + Board and commission meetings, city; county « Interactive - two-way information form homebound students « Local theater productions, arts, culture in general • Programming for civic groups; soccer clubs; foundation on aging; social Services « Community calendars « Driving directions + On-demand library resources on-line « Youth produced and directed news Easier to Use &ress « Knowing what PEG access is and how to use it • Media center that supports web services, hosting, web design training • Copyright/synchronization rights issues cover by cable operator • Non-profit PEG Access center server central Contra Costa region and can work with other areas of the county • Using a local area network - style organizational structure for the community media centers • Interconnection with business information networks • PEG electronic programming menu which is user-friendly « Digital, non-linear editing « Use non-linear editing for continued education and visual literacy Easier to Use Cable « Franchise reopener in franchise related to technology • Cable electronic menu system « Ability for business and industry to tie in to government LAB for public safety and telemedicine purpose + State-of-the-art programming menu On-line access to customer services or"I need help" • Automated billing • Help tutorials Focus Group: Education: Post Secondary (November 15, 1999) Key Issues Facing the Community • Balkanization of Government - integrated regional service delivery • Transportation - traffic • Getting reliable quality care signals • Community-wide emergency preparedness • Affordable housing • Library adequate • Resource management • Crime • Better education quality and facilities • Lack of land for expansion • Increased government access planned in time with commuting 24 hour City Hall - virtual City Hall • Funding • Changes in health care - managed care • Better regional planning for local issues • Youth safety and development Key Issues Facing li Agenis. Community • Traffic • Funding for change • Developing plans • Technology changes • Aging of the community • Meeting needs of seniors • Public Transit • Y2K compliance aftermath • Emergency information to public changing events • Open space preservation • Additional school space • Improved education • State and federal information with local activities • Environment • Pavement management • Cure the healthcare system ............................. - . ..........................................................................................._.............. Communication Barriers in Reaching Constituents • Answering machine (automated attendants) • lack of funds • Lack of time • Lack of staff • Public apathy • Public record which cannot be transmitted digitally • limited open hours of public agencies • Provide public information in an accessible fashion • Language barriers • Security concerns • Exploding marketplace that confuses consumer • Commuting public's lack of access to government processes • Need for digital literacy overall • Information have nots • Informational challenged • Public agency "turfiness" • Distrust of government • lack of understanding how governments can and do work Ways to Use Cable and PEQ Access • Adult education • All local government meetings cable cast live with at least one replay + Two-way interaction with government meetings at home and at office • Interconnection between public safety organization (inter and intracity) • Video conferencing + Targeting emergency and safety information by neighborhood • More local production and news • Video Public Service Announcements for local groups and agencies • Internet access + Video on demand + Health information • Announcements on programming changes listing, on-line, TV guide • Access to libraries and their catalogs + Community calendar • Access to school curriculum not available locally Easier to Use Access • Local studio and access facility • New equipment for access • Better promotion of local programming • Training to create better local programs • Make it easier to use PEG throughout county • Mobile production capability + Production support Easier to Use Cable + Better telephone system at cable company • Knowing who and where to call • Unbundling - a la care style • Better picture quality on access channels * Better picture quality • More reliable cable services • Cable rate stability • More concise information available about cable services • On-line TV guide + PEG interconnected • Separate PEG channels and facilities • Programming in multiple languages (captioning, etc) + TDD and ADA - communication impaired support technology Focus Group: Neighborhoods, Community Residents, Neighborhood Associations (November 15, 1999) Kgy 1s ues Facinght lmuo ty • Can't get decent signal without cable • Traffic • Senior services • Government accountability • Sprawl • Allowing for emerging technologies • Growth • Urban limit lines • Density • Increasing medical costs • 7.5 Earthquake: emergency preparedness • Empowerment: giving "little people" a voice • Getting the interest/attention of the population • Support for youth services i.e. after school activities • Adequate water supply Kev Issu- s Facina Publici i Years • Exponentially increasing traffic in communication systems • Deed for increased library funds/services • Health education • Penalties for cable provider non-performance • Support for young people (after-school activities, etc.) • Cost benefit analysis for expanded services such as PEG • Multi-Lingual problem • Overcrowding of schools • Low cost housing - pricing low income people out of the neighborhood • Maintaining and adequate cable TV subs to support the system • Differential/quality of services • Sustainable communities. • Encouraging competition in communication services • Moving to under-grounding • Deduction of redundancy Communication Barriers in Beaching Coostituents • Lack of funding to allow production of communication programs • Transportation - getting to site to communication • Lack of inter-agency coordination • Lack of citizen interest in local government • Regulatory inflexibility in public agencies that hinder using new cable technology • Finding the funding to solve all these issues Ways to Use Cable and PEG Access • Expanded reliable broadband communication + Diversity of PEG programming • Programming on demand • HDTV bandwidth to all homes • Medical information + Virtual schools for credit • Support for home occupations + Access for performing arts organizations Opinion polling and voting technology and services • Less shopping channels • Video conferencing • Interaction to acquire permits and licenses etc. • Closed captioning for non-english speakers • Layer and encryption • Quality programming • Access the library on line Easier to Use Access + Program guide for PEG programming • Access center that extends over and beyond the city regionally - services • Aggregating funds and services regionally to provide central county wide services • Formal collaboration between governments on services regionally • Funding support for production • Adequate studio and time to program • Staff support • Bandwidth for PEG that grows with community • Ability to do life programming • Lessening of restriction on the PEG access program __ Easier to Use Cable + Life-line style service • Consistent services in the service area • Undergrounding facilities • Realistic and measurable service standards • Interconnection of Franchise • Proper penalties for non-performance • Franchise agreement that is open to new competition and technology • Two-way communication between citizens and city + Equal two-way communication with cable operator • Instant viewer figures • Privacy standards • Systematic program/serviced • Reviews and surveys by cable company, market research • Pay-per-use-per view • A la carte programming • More flexible program package • User-friendly billing data • Skilled cable technical people • User friendly home controls and set top boxes • Consistent wiring of multi-residential housing • Wireless communication Focus Group: Businesses and Business Organizations (November 16, 1999) Key Issues Facing the Community • Traffic • Growth • Public education • Growing sector of small and home businesses • Housing affordability • Maintaining communities, competitive advantage as we go into the information age • Business space and affordability • open space • Sales over the Internet • Widening varying tax base for neighboring communities • Need to plan for youth sports activities which are growing and high levels • Opportunity to cultivate future generations via digital communication technology • Diverse geography and typology • Multiple languages • Diverse infrastructure from diverse geography • Challenges to public participation • Balancing needs of residents, neighborhoods, communities and regions • Zoning ordinances • Low public education funding, K-12 • Explosion of culture activities that need meeting, gallery and performance space • Multitude of school districts Key Issues Facing Public Agencies, Community Organizations. in the Next 5 Years • Improve public transportation • Share tax resources between communities • Enhance community ability to use information technology - better education (for example) • Competition between various sectors for finite amount of funding • Taxes - financing • Health care system and agency population • Alternative funding for public schools • Robust telecommunications infrastructure to support small and home business • Affordable high speed Internet access • Lack of public facilities for media center • Job education • Teacher training (upgrading) in technology and new and emerging areas • Affordable housing for workers • Lack of incentive for collaboration _. CQmmunicat' n Barriers in Reaching Constituents • Information overload • System integration in communication technology + Serving through hype to the strategic uses of the new media/technology + Lack of time to communicate • Lack of time for feedback • Costs to lower income families • Determining the right method to reach your audience • Misinformation + Increasingly smaller communication formats and messages that limit the understanding of complex issues + Inconsistent communication infrastructure and services, by geography and political jurisdiction • Language and culture • Professional and technical language • Presentation and time to fully comprehend communication and to create priorities of urgency • Technology have and have nots • Multiple meanings for common terms + Feelings of powerlessness and disillusioned Ways-lo-Use Qa._ble and PEG Access + Telecommuting + Multi-media communication between local government and citizens • Watch city council • Doing the business of government electronically (i.e. building permits) • Chamber and local business doing business electronically • Community calendars (locally and regionally) • Searchable community calendars • Affordable hosting of your web site • Youth and any peer group news and networking • Continuing education • Interactivity + Video newsletter • K-12 education - schools, ability for students to access school - library + Getting out the word for service agencies • Teleconferencing • Library available on-line • Current traffic information • Cable access in public buildings • Video information about school board and city council issues • Emergency preparedness training + Video tape chamber lunches • Promote public and local art • Museum collections on line Easier to Use Access • More standard user friendly access production equipment • Public location for community media resources • Better education about existing cable resources • Outreach programs that teach people how to effectively use PEC resources • More cooperative efforts between npo's and companies • Technical support • Outreach and promotion and training to civic groups to let them know hot effectively use PEC Easier to Use Cable • Adequate upstream capacity to handle affordable hosting of web site • Upgrade cable system with minimal traffic interruptions • Offer Internet • Easy and accessible instruction on how to use the cable system • User friendly equipment and use standards • Information on what cable services are available • Affordable privacy for a variety of customers • Better customer services • Open access for ISP • Technical support __ .............. ... ........................ ...................................................... .... .... . Focus Group: Neighborhoods, Community Residents, neighborhood Organizations (November 16, 1999) KeyIssues Facing the Community • Getting community participation • Getting information out to public • Service equality county-wide • Equity in west county to public service areas • Traffic • Crime • Community diversity • Pollution • Education improvement • Money for addressing problems. Kttl�.;sues Facing Public Agencies Community Qrganizations in the Next 5 Years • Language diversity • Crime prevention • Emergency services/preparedness • Planning for development • Inter-agency cooperation • Regional planning • Traffic/transportation remedies • Internet for home and small businesses • Poorly educated K-12 graduates entering college • Job preparedness - training • Multicultural issues Communication Barriers in Reaching Constituents- • Language barriers • Communication competencies vary widely among different groups • Communication impairment • Using the current communication medium to reach public • Lack of skills in using technology • Access to funds to communicate • Distrust and indifference to government Ways to Use Cable and PEG Access • Multi-lingual access programs (include 2nd audio channel) + Community meeting times, dates, purposes + Interaction with government meetings on-line • Emergency alert system Interactive education channels + Have public access programming which are really active - + Red cross United way • Video-on-demand or PEG Access + Telephony Easier to Use Access • Multiple PEG Access facilities + Increased efforts to support access and develop programming proactively Easier to Use Cable • Cable system should be upgraded to address two-way traffic • Programming that is available at convenient times, on-demand and real time DRAFT-- CONFIDENTIAL APPENDIX 4 Transcripts of Public Hearings Transcript of Public Hearing on Cable Franchise Agreement February 1, 2000 Mayor Abrams: Our next public hearing this evening is a discussion on the performance of the ATT cable service and this staff report by Lorie Tinfow. Ms. Tinfow: Good evening, council. I'm Assistant to the City Manager, I'm here tonight wearing my Cable Franchise Administrator hat, and I'm here tonight to ask that you conduct a public hearing to collect input on the past perfromence of ATT Cable Services which is formally know as TCI, and to also collect input on the future cable television related needs within the community. The cable franchise in Walnut Creek expires in February, 2001 The three year period before that expiration date is defined in federal law as the renewal window. Early on in that period we decided to partner with what ended up being eight other communities and the county. Those communities are Danville,Clayton,Moraga, Orinda,Lafayette, Pleasant Hill,Martinez, Concord and the county. That's all ten of us. Part of the renewal process is to conduct a community needs assessment. We've been calling ourselves the Contra Costa Cable Consortium, so I'm going to refer to us that way. We hired a consulting team of Miller and Van Eaton,which is a firm from Washington,D.C., well respected,well- known for cable expertise, and the Buske Group, which is a firm that specializes in cable issues out of Sacramento. It's been the Buske Group that's been helping us with the cable needs assessment and that has included a number of different activities including a statistically significant telephone survey, a series of focus groups, interviews with stakeholder groups, and review of planning documents, life strategic plans, from organizations within the jurisdictions, like schools for example. So input from this public hearing, combined with those recent activities, as well as a review of the community access facilities and services and a technical evaluation of the cable operator's equipment and facilities, all the results from that are going to be compiled into a report that we expect to get in March. So the goal for this public hearing is to provide an opportunity for the public to comment on the past performance ofTCIlAT&T, as well as comment on what they'd like to see happen in. the future regarding cable television needs. Before I close I want to just specify that there are two areas that often get a lot of public attention,that really we don't have authority over. And those are for all intents and purposes, rates, we don't have control over the cable rates, and two, is programming choices and that includes not just the shows that get aired but the channel line-ups and anything to do with programming,we don't have any jurisdiction over that either. So, I just wanted to clarify that for you. So with, I'll be happy to answer any questions you have. Mayor Abrams: Are there any questions for Lorie? Councilmember Rainey: Just a comment,there was a meeting of the Consortium last week and l attended,and it was very interesting and I think our staff and the I staff from the other city's jurisdictions participating should be commended. This is an amazing piece of work and we are getting ten jurisdictions that can work together. Hopefully we will be able to come up with an agreement with TCl/AT&T, that will be more beneficial than it would be if we were all negotiating on our own, much as we did with the garbage franchise. Ms. Tinfow: Thank you. Mayor Abrams: Gwen, yes Councilmember Regalia: I just want to clarify, does the City still have the ability to look at the basic cable rate, I know for a while we did and it could only be, I don't remember the parameters though, do we still do that? Ms. Tinfow: We can comment on any kind of increase to the basic rate to the FCC but apparently what happens in practice is that even if cities are successful, in -- influencing the FCC to not allow a significant increase in the basic rate, often times the cable operator then assess that on the next tier, and we have no control over that. So for most subscribers, for all intents and purposes, rate control, if we squeeze them on one end, they put it at the top end, so there is really not much we can do about it. Councilmember Regalia: And the basic channels are really very few, is that correct? Ms. Tinfow: They are, yes. Most subscribers in our area subscribe to the basic and expanded basic tiers. Councilmember Regalia: Thank you. Mayor Abrams: Thank you. Gene? Councilmember Wolfe: Back in 1993 we had the assurance from TO that they would find some way to more likely merge the several TO stations that were operating in our city, in other words we don't have one channel that serves the whole city, and they said back in that time that they would be dealing with that. But you're saying we have no control over that and I noticed that in recent times when they were listing the times on the channels when various candidate meetings throughout the area would be shown on certain cable stations, there was never any listing in those first advertisements in the times of either channel operating in Walnut Creek as having any viewing chances at all, I see now on the most recent ad, they have now finally scheduled some public hearings on the night the City Council meets. Is there any way that we have some way to put on them the why do we have to have so many different channels when they are all owned by AT&T? Ms. Tinfow: Well, I think you're commenting on the cable access, like Channel 6 and Channel 3 that operate within different parts of Walnut Creek and there are different channels in different communities throughout the county. 2 My understanding is that that's because of the genesis of the carie system. All of the cable systems in our county started off as smaller companies that TO then came in and purchased. So where the community access channel falls was dictated long ago. It is my understanding that AT&T does plan to get those systems more in line with one another. I think that's going to take some investment in the infrastructure and some upgrading to allow that to happen because, for example, Walnut Creek right now does not have an infrastructure that is at the same level as adjacent communities like LaMorinda. So, I think we're sort of moving toward that, Gene, and we can certainly try to help that along. We do have more control over community access channels,it's the other channels I was referring to that we don't really have control over,so we're working toward that. And, I think also,by working together as this Consortium,that's a good way of going toward those efforts of making things a little more uniform. As far _ as getting this kind of programming put into the TV Guides and into the Times, you're right,that's been a problem and I'm not sure how we're going to address that. But, I think, if we want people to watch, we'd better tell them what's going to be on and when it's going to be on. Councilmember Wolfe: No one knows that now because there's no communication through the Times of what's going on. Ms. Tinfow: I understand,I'm aware of that. And I think what we're going toward is a more enhanced community access program in the future and we'll address that as one of the issues. Councilmember Regalia: If it were in the TV weekly logs it would be very helpful, if they had channels, whatever they are listed, and what's going to be on for the week, it would be very helpful. Ms. Tinfow: I'm not sure where the problem rests,whether it's the newspaper not wanting to carry it or whether it's the cable company not wanting to provide it, I'm not sure where the problem is. Councilmember Regalia: But since they carry all the cable channels and tell you what's on,why can't the cable companies put in their own local community programming? Ms. Tinfow: Maybe they can. Thank.you. Mayor.Abrams: Thank you,Lorie. This is a public hearing. Is there anyone here this evening who would like to address the council.? Come up and give us your name and address. Mr. Paul: To the members of the Walnut Creek community, our representatives and the other interested parties present,Good evening. 3 My name is David Paul, as a private citizen, and a member of the Walnut Creek community resitting at 13545 Mt. Pisgah, Apt. 3, I would like to offer a suggestion: To contractually mandate cable providers to provide video and computer based training in the sundry information technology arts as part of basic cable service and Internet access. One might ask. What has computer based training got to do with CAT" ? Much more is at stake than the spectrum of channels available for television viewing. Actually, maintaining the standing of Walnut Creek as a premiere community to live, work, and raise a family,will, in part,be determined by the contract provisions granting the opportunity to serve as a cable provider. Access to cable transmission and the associated right of way are, in a sense,equal in our time,to what access o railroad facilities and the opportunity to operate them was at the previous turn of the century. Accept that information technology directly involves a wider spectrum of today's economy and promises to encompass a still larger segment over the years to come. Now, while I was thinking of this issue that faces us tonight, I thought of a quote that's often been attributed to the author Ayn Rand. "To run a railroad one must first know how to drive a train?" A metaphor with great significance to this generation that rests in the formation of a host of new occupations that were virtually unheard of just a few years ago and the transformation of almost all traditionally non- technical professions to practices that involve the use of multiple information technology tools. I'm probably going to run over about a minute here folks, and I apologize for that. The escalating demands of employers for information technology skill are no longer limited to just the incorporation of word processing, spreadsheets or the other components of an office suite. Perusing job postings on the Internet and the minimum requirements for consideration can be most revealing. I can't stress that point enough. Today, a bank branch manager is expected to have sufficient understanding of TCP/IP which is an upper level control language relating to access and maneuvering of information on Internet and intra-nets, to stipulate access to information directly on the bank's Internet. While, advancement as a marketing professional will,most likely, mandate an understanding of web authoring and data base query structure. In closing, if I may be so bold, would like to suggest that cable television is now part of our nation's infrastructure. Thus, at a fundamental level,we 4 have an opportunity to facilitate the competitive advantage of our community by mandating the inclusion of the means to better attract businesses with the greater ability to add value in our global economy. Ladies and gentlemen,that is an educated work force that provides for the promise of the same in time to come. Lastly, I would like to express my appreciation for the work of Sue Buske of the Buske Group to bring light on to the particulars of contract renewal. Thank you. And you'll see at the bottom of my printed comments here, sources of more information. And with that, I would be more than happy to answer any questions either at this time or at the future, my phone number and address are on the letterhead. Mayor Abrams: Thank you Mr. Paul. Any questions? Mr. Paul: I guess not. Mayor Abrams: OK, thank you. Other speakers? Mr. Westwind: Hello, my name is Mark Westwind. I live at 2131 Tacoma Avenue in Martinez. Nine years ago I founded Diablo Video Arts in a direct response to the poor quality of support that I received from United Artists - Cable in flexible and innovative community access programming. My goal in creating Diablo Video Arts was to provide independent video producers with in our area with a forum for learning and sharing or an - opportunity to use their skills for the good of the community. And to provide them with a voice in decision making policies that affect the use of community access equipment. Fortunately, with the support of Rob Berry, the former studio manager of TCI Cable, and excellent gentleman and I'm sorry he left,Diablo Video Arts flourished, and over the last eight and one half years we produced over 200 public service announcements and many half hour programs and also facilitated the production of many, many field shoots for community organizations. Our goal was to remove the technical issues involving producing videos, from community organizations to allow them to focus on content. We've got a lot of hobbiests that have a lot of equipment and they let them deal with the technical stuff and we've been very successful in that. From the very first meeting of Diablo Video Arts, our vision was to create a media center to meet the needs of local video producers and thereby improving the quality and quantity of locally produced video programs. There are many good models for successful community media centers around the Bay Area. that truly contribute to the quality of their communities,particularly in Marin, in Santa Rosa, in Monterey and in Hayward, ??to a program that last year won over nine awards, four national awards, two international awards, we talk about creating television programming with a positive message and in this particular 5 case, that's what this video does, it's not necessarily commercially successful,but without community access programming opportunities that programming wouldn't exist. Currently there are a number of issues that have given DBA a reason to decrease it's involvement with TCI Walnut Creek(AT&T) and to seek a broader, more independent base of operations. I encourage you tonight to be visionary in your thinking and to support our broad plan for a community media center that we hope will be part of the franchise agreement that will provide the equipment, training and studio space, editing facilities, technical support and broadcast services for the entire community, not just one locale. It makes sense economically, logistically and creatively to provide this type of centralized community media center. The opportunity is here with the franchise renewal agreement and given the importance and impact of video on our lives and on the community, it makes sense to act now with this. Diablo Video Arts is anxious to be part of that process. We grew up in Walnut Creek and we're anxious to expand and provide that type of regional vision. Thank you very much. (Timer rang) Excellent timing. Mayor Abrams: Excellent presentation. Councilmember Regalia: He works in the media, he knows about that. Councilmember Wolfe: Your organization has done a fine job, we appreciate everything you've done in the past and hope that we can move in the direction you're speaking. I do. Mr. Rothgery: Excuse me, my presentation clocks out at three minutes and twenty seconds. My name is Robert Rothgery. I'm the Director of Diablo Video Arts. Diablo Video Arts, as you just heard, is dedicated to the furtherance of new media. On a community level it has been working towards that goal for the last eight and a half years. I would like to speak with you tonight about value. The future of tele- communications is one of lower costs and increased opportunities. Cable, of course, is no longer just television, it's a cornucopia of valuable services that includes telephony and Broadband Internet Access. As you folks begin the process of negotiation with AT&T, you do so with an increased awareness of beneficial services available, some of which are prescribed by law. These services are just compensation for cable's increasingly profitable access to our citizens through the public right of way. These services include an Institutional Network, (INET), that connects government, educational and some non-profit agencies with a high-speed communications loop that will save participants on telephone and data services. In Santa Rosa, there is an organization called The Santa Rosa Community Media Center. It is not just a television studio. Television is 6 produced there,but so also are things more associated with the future of telecommunications such as the cities INET service and streaming video services are beginning to come on-line there. I believe one of the keys to exacting the maximum value from franchise negotiation is to obtain an agreement with Seren Innovations and AT&T Broadband to finance the capitalization and operation of a multi-city community media center. This organization will be an independent non-profit corporation managed by community leaders,and telecommunications experts. Such a media center would provide economical Government, Public and.Educational media services. These would include education and training tools for city agencies and educational institutions. Educators will find a facility for distance learning that integrates computing, and the web and community television to teach—and especially teach the poor. And,the public will gain from having a digital voice for NPOs,the arts, public relations and the like. Diablo Video Arts has a mission that has not changed in eight and a half years. We want a community media center that serves its constituencies with pride and professionalism. We desire a place that welcomes people (may I continue?) Mayor Abrams: Take that twenty seconds. Mr. Rothgery: We desire a place that welcomes people and nurtures their growth. We foresee an agency that helps government users maximize the potential of their INET and its many facets. And for educators a facility that flawlessly manages the telecom and video traffic that accrues to their program needs. Part library,part education center, and part public forum. A public media center will be worthwhile just for the dollars it saves. But, it will be valuable because each citizen will have a better opportunity to know what others are doing. The future right now is yours. Please plan for the development of an independent community media center and help build a better digital infrastructure here in Walnut Creek. Thank.you. Mayor Abrams: Thank you. Any questions? {ether speakers? Ms. Roth: Members of the Council, for the third time this is Phyllis Roth and I won't be here for Item#5,I've already expressed my opinion on that in other meetings, so this is my last trip. I'm up here to talk as a viewer. The last time this subject came up, I carne o this podium and.I complained about the quality of the reception. I will 7 say that the quality has improved considerably during the few hours that I watch TV. Most of the time I complain because my twelve o'clock news was interrupted with all kinds of static and loss of picture and the whole business, but that has improved. But I do have one big complaint. On January 4, I wanted to listen to the audio presentation of the reorganization meeting of the Board of Supervisors. Brother, you talk about not being able to hear. I fooled around for a while,thinking it would clear up and it didn't, so I called the station, they said they'd do something about it. I waited for half an hour and nothing happened, so because I know Pat Burke on the County staff, I called her. And I got her voicemail and I put forth my complaint. Eventually I found out yes, that they did have a problem, yes, that they did know about it, yes,they were working on it. But it happened to be a rainy day and that was the excuse. In any case, I see no reason why we can't get decent audio on Tuesday mornings so we get live broadcast of Supervisor meetings when we want to listen. Fortunately, I was able to listen and watch Channel 19 on Thursday so I got the information live that I wanted except it was delayed TV. So there are a lot of improvements yet I'm sure AT&T can make and I may think of some more as time goes on. But I don't want to take any more than three minutes of your time, particularly since you listened to me twice before tonight. Thank you. Mayor Abrams: Thank you. Other speakers? Mr. Laughland: Mayor Abrams, members of the Council, my name is Gordon Loughlin and I live within Walnut Creek. I'm going to read this because I think it will go a little bit faster. So forgive me for that. I've been a member of Diablo Video Arts since it's inception and in that capacity we worked with previous cable operators, TCI, to produce many worthwhile projects to air and to help on films destined for non-broadcast display. I hasten to point out that our group is seldom, if never,received any monetary return. My first of only two points is that there is indeed so much talent in Contra Costa County,both in the technical and all the associated arts. We hope such expertise can be tapped via an enlighten media center and directed to all aspects of our rapidly evolving communications network. My second and final point, is that the key word in all of this should be community. The work of Diablo Video Arts has spanned the entire county and has shown that community interests clearly do not stop at city limits. To be effective and economically funded, any community meeting center must be linked to all existing cable systems and to, at least, all of the central county neighborhoods and be supported by all cable operators and government agencies. I stated at the outset that I live within Walnut Creek but I don't live in Walnut Creek. I live in an unincorporated island surrounded by the City. Today our selection of cable paid programming is limited to one system 8 _. connected to Martinez. Cable competition should allow some choice. But I hope that in the future,there will be public,educational, and government programming and all future services available to all neighborhoods from both cable systems as directed by a single community media center dedicated to serving everyone without the constraints of civic or cable barriers. The future is perhaps hard to view today, but it's out there. Thank you. Mayor Abrams: Thank you very much. Are there any other speakers on this item? No? Hearing none, I will close the public hearing and thank all those people who addressed us this evening,particularly the comments from Diablo Video Arts. Thank you. Our business tonight is really just to conduct this public hearing. We're not taking any action on this,but this is certainly a good time to get any comments from.Council members. Councilmember Regalia: Could I just make a comment to Mr. Paul? We did put in place a committee a couple of years ago to investigate the very things you brought to our attention this evening,the changing role of cable in the community, the variety of things that we will be seeing coming forward,some of them have already started,more will be coming. And we are looking into how the new cable franchises are going to meet the needs of the changing technology. So we have been trying to keep up with it but we appreciate your input as well. Thank you. Mayor Abrams: Other comments? Councilmember Hicks: I would just agree and appreciate the comments that were made tonight with the very important stress on community, community access. community information, community education and the ability for business to succeed in the new technology age. We're going to be seeing more and more home-operated businesses, more telecommunicating where we move information instead of people, and I think in addition to that all of the public meetings that have been held to have input from a wide range in our community is important. Speaking as a Councilmember, one of the first things I would like to see is the improved sound system in this Council Chamber, But I think that in order for us to continue communicating widely throughout the community, the streaming video services would be very valuable for Council and public meetings to be able to be accessed by the community and certainly tying the systems together has been mentioned by Councilmember Wolfe and others , is very, very important and something I think could be achieved with today's technologies. Maybe one of the most important things that will happen is that through the work of our Technology Committee,Telecommunications Committee and.our City staff, and Seren coming on board, a competitor for TCI,we now are in a position where we really can have perhaps a more meaningful dialogue and I really appreciate Lorie Tinfow's work especially, in bringing together this coalition of City's to work together,because I think 9 together we will have more of a chance to succeed on the part of all of us. So thank you. Mayor Abrams: Any other comments? Thank you all. That will conclude this item on our agenda then. io ......................... . t DANVILLE TOWN COUNCIL MEETING 2 3 (C(Opy 4 5 IN RE : PUBLIC HEARING TO RECEIVE } 6 COMMENT REGARDING COMMUNITY CABLE NEEDS } Item No, 11 7 AND THE RENEWAL OF THE FRANCHISE } 8 AGREEMENT WITH AT&T IN AUGUST 2001 . } 9 } 10 11 12 13 14 TRANSCRIPT OF PROCEEDING S FROM AUDIOTAPE 15 16 FEBRUARY 15 , 2000 17 18 19 20 21 22 23 24 TRANSCRIBED BY: MANDIE J. DOYLE, CSR #6946 25 - -000- - �+ rai �. Certified Shorthand Reporters i . rldo e1 1 2321 Stanwell Drive - Concord.CA 94520-4808 REPORTING SERV'IC£.II'1C. ( Y.O.Sox 4107- Concord,CA 94324-410; j (925)685.6222 - Fax(923)683-3829 f t PROCEEDINGS 2 t 3 (Whereupon Elizabeth Hudson presented 4 the staff report . ) 5 MAYOR GREENBERG: Thank you. Are there questions 6 for Elizabeth? 7 Mr. Lowery, do you want to speak to us , or are you 8 here for questions? 9 MR. LOWERY : Well , .I ' m prepared to .answer any 10 questions . I would just reiterate that the needs 11 assessment is an important part of the cable renewal. 12 process . 13 tinder federal law there is basically two mechanisms 14 for renewing a cable franchise, there' s a formal process 15 and an informal process . The informal process is 16 negotiations , the formal process is more of an 17 administrative type proceeding . 18 tinder either concept , however, the needs 19 assessment , the city' s ascertaining from the community its 20 future cable-related needs and interest , a vital part on 21 either aspect . So this public hearing is an important 22 part of that needs assessment . 23 And so I would suggest that the most important 24 thing that you can do here tonight is get as much public 25 comment as you' re able to . And I 'm here to answer any �- Certified Shorthand Reporters adolmn ' 2 2321 Stanwell Drive •Concord,CA 94520-4808 WE_P(JM'NG SEMCE.INC. Po,Box 4107 • Concord.CA 94524-4107 (925)685-6222 • Fax(925)685-3829 t t, 1 questions that may carne up. 2 MAYOR GREENEERG: Thank you. Questions for Mr. 3 Lowery? Newell? 4 COUNCILMEMEER ARNERICH; Just a few. 5 in terms of this negotiation, because you guys are 6 much more familiar with the details, and there has been so 7 much change in how this business is regulated, what 8abilities, if any, do we have on behalf of our community 9 if we sign an agreement with this vendor or somebody else 10 with regards to the existing cables under the ground, the 11 right-of-way? 12 Is there a way to affect the ownership to create 13 more co-locations , to create joint use of cables? What ' s 14 the latitude that has changed? 1S MR. LOWERY : I don' t know that anything has 16 necessarily changed in that regard. Two things that I 17 guess are important here to understand. One is that the 18 cable renewal process is not a competitive process . The 19 application for renewal by AT&T must be considered on its 20 own merits and approved or denied. 21 Secondly, with respect to what has changed in 22 technology, I think one of the important things to 23 remember here is that when AT&T bought out TCI , or merged 24 with TCI , I should say, because that' s the proper term, 25 there was a reason why they did that . a ..d.�a. Certified Shorthand Reporters 3 2821 Stanwell Drive•Concord.CA 94320-4808 iZET 3 I[NG S1bMCE.INC. i P.o.Bax 4107 • Concord,CA 94524.4107 (925)685-6222 * Fax(925)683-3829 c 1 And the reason was that it was a profitable venture 2 to be able to come in and use the existing and upgraded 3 cable facilities to be able to provide more advanced 4 broadband services, especially telephone service , local 5 telephone exchange service , as well as other broadband 6 applications , such as an internet access service . 7 To the extent that the existing cable facility is 8 capable of doing that , which I would, you know, defer to 9 our engineers , but I would rather doubt it , AT&T is going . 10 to be rebuilding, most likely, the cable plant in order to 11 facilitate their useage . I 12 once they' ve built that plant, to the extent that 13 other people could co-locate, I think the opportunity for 14 co-location would be at the construction phase, to the 15 extent that they are constructing underground. 16 What you would be able to do through your i 17 permitting process and otherwise is to try to encourage 18 other providers , and maybe even the city itself , to 19 install whatever additional conduit could possibly be 20 installed while those trenches are opened, maybe to 21 minimize the impact on the rights of way of future 22 construction. I would say that that would probably be 23 your best opportunity to do that . 24 But in terms of requiring AT&T as a cable operator 25 to allow others to use their facilities , I don' t knew that Certified Shorthand Reporters — r�iBEtUItQ �+H 4 2321 Stanwell Drive -Concord.CA 94520-4808 EPORNG SERVICE.NC. FO.Box 4107 - Concord,CA 94524-4107 (925)685-6222 • Fax(925)683-3829 t 1 really much has changed in that regard. 2 COUNCILMEMBER ARNERICH: Okay. The second 3 question I have is, whether it be this vendor or somebody 4 else in terms of their business practices on billings, the 5 actual rates , late fee service charges, what ability do we 6 have in terms of signing this agreement to affect any of 7 those or have any influence on that? 8 MR. LOWERY: Well , I guess there ' s two or three 9 answers to that question, or two or three parts to my 10 answer, I should say. 11 With respect to straight cable rates , under federal 12 law it is very - - the only thing that the city can 13 regulate at this point in time is the rates on the basic 14 service . Anything else is basically unregulated, it ' s 15 been pre-empted by the ' 96 Act and the Federal 16 Communications Commission. So to have an effect on the 17 rates , basically it ' s pre-empted, there' s really not much 18 you can do in that regard. 19 COUNCILMEMBER ARNERICH: Except for the base - - 20 MR. LOWERY: The basic service, you' re right, the 21 very base, which is basically your local programming and 22 public access , government access channels , et cetera'. 23 But it really generally doesn' t include much in 24 terms of the satellite services , which is the only 25 expanded basic tier, the next tier up . If you don' t have :�SIC� Certified Shorthand Reporters 5 2321 Stanwell Drise• Concord,CA 94320-4808 R��C33t G SEIMCE.ING. P.O.Box 41017• Concord.CA 94824-4107 (925)685-8222 • Fax(923)853-3829 I next tier, you really have no rate regulation authority. 2 With respect to things like late fees , other 3 customer service issues, the franchise process is an 4 opportunity to consider the customer service functions and 5 the past performance in terms of customer service in an 3 6 attempt to try to install reasonable and proper public 7 service on customer service functions . And that' s 8 something that you can negotiate for and really you can 9 insist upon with respect to the franchise . 10 So to the extent that you have records that 11 indicate that customer service functions have not been 12 carried out properly, you' re in a position to do that at 13 this time . 14 COUNCILMEMBER ARNERICH: Along with that last 15 question I have about late fees , and things like that , is 16 that , you know, as the - - a very fine company, but just 17 using it as a generic whoever, as we are looking at 18 another vendor, that the larger the company becomes , the 19 further away their payment centers are . 20 And there is a trend today among other types of 21 businesses that because they are remote locations , you 22 mail your check and they are in the late service business , ' 23 because as a percentage it represents 10 to 20 percent of 24 the bill due . And if the company is making 12 percent 25 profit and when you look at the dollars that they' re OPONTING _ Certified Shorthand Reportersd rMHA 6 2321 Stanwell Drive •Concord.CA 94520-4808 SfR17ICE, � ; PO. Box 4107• Concord.CA 94524-4107 1 (925)685-6222- Fax(925)685.3829 1 getting in late fees , with some companies it is their 2 entire profit . 3 Such that if you have a facility that' s located in 4 New Jersey, it could take three to five days for your 5 payment, and they have such narrow opportunities for 6 payment that how can we affect the ability that the day 7 they receive it it ' s posted? Because there are some ether 8 businesses who say, "Well , it ' s taking us up to a week to 9 past it , " and it ' s making a majority of customers late, 10 they collect more late fees . 11 So I 'm putting that out there as a question, but I 12 see it as a potential problem, and it is with some 13 companies . 14 MR. LOWERY : It ' s an interesting question, and I 15 understand it . It was a question that some communities 16 were concerned about that the AT&T/TCI merger was taking 17 place . 18 And a lot of those communities that had an 19 opportunity to affirm or deny that approval were concerned 20 that with the consolidation of AT&T and TCI that the 21 customer service center will be taken out and centralized. 22 But you can infect customer service standards that will 23 allow a minimum amount of time with respect to the payment 24 of the bill before it , in fact , becomes late . 25 Secondly, with respect to the location of the r_v, Certified Shorthand Reporters 7 2521 Stanwell Drive • Concord.CA 94520-4808 ELK �S=Eilalwc- PO.Box 4107• Concord,CA 94524-410; (925)683-6222 • Fax(925)685-3829 z 3 I customer service center, you can require hours , you can 2 require location, you can require minimal hours such that 3 everybody in the community has access to a customer 4 service center so that bill payment can be effectuated . 5 COUNCILMEMBER ARNERICH : Great . Those are the 6 things that I ' ve heard that I think are important with any : 7 of the vendors that we' re talking about , is to find a way 8 to assure that there is the timeliness of those being 9 posted and that we are not encouraging the late fee 10 business . 11 MR. LOWERY: Well , and, you know, late fees , I 12 mean, it ' s interesting, a lot of proceedings of the ECC 13 that deal with the issue of late fees and what the local 14 franchising authority' s ability is to regulate late fees , 15 and to the extent - - I mean, there' s a fine line to the 16 extent that the late fees are considered rates, is the ' 17 franchising authority getting into rate regulation. To 18 the extent that the late fees are considered a penalty, 19 maybe you have a little more authority there . 20 It ' s something that you have to look at . But I 21 agree that it ' s an area that you can look at at this time . ; 22 COUNCILMEMBER ARNERICH : Thank you very much . 23 MAYOR GREENBERG: Anyone else? Thank you, Mr . 24 Lowery. 25 Okay. We will open the public comment . Mark r' Certified Shorthand Reporters 1 (?Id 8 2321 Stanwell Drive - Concord,CA 94520-4808 i2EPORnNG SERVICE.INC. I PO.Box 4107 - Concord,CA 94524-4107 — (925)685-6222 - Fax(925)585-3829 S C 1 Graham. 2MR. GRAHAM. Good evening, Mayor Greenberg, 3 ' Councilmembers . My name is Mark Graham, I live at 5 Ocho 4 Rios Place, in Danville . 5 I don' t know whether this is an opportune time. or 6 inopportune time, but over the weekend we experienced a 7 very significant run-in with AT&T in the customer service 8 area . And I have a letter that I ' ll give for inclusion 9 from my wife . She asked me to bring it and discuss a few 10 of the issues with you . . 11 And it goes to the right-of-way issue and to the 12 actual issue where in some of our community or some of our 13 areas a lot of the actual access point , the cables , are in 14 our backyards . In my case , I have a PG&E pole that ' s in 15 my backyard that has PG&E, Pac Bell and AT&T services on 16 it . 17 Now, I ' m an AT&T service provider, but we got this 18 notice on our dour last week that said, "We' re going to 19 cut your cable off in two days if you don' t give us a call 20 so we can get back there for a problem" that we didn' t 21 report , we weren' t seeing anything. 22 As it turns out , there' s a leakage . The cable in 23 our area is very old, it hasn' t been replaced. They even 24 talked about several months ago the same problem occurred. 25 They said they were going to send a letter out to the I Certified Shorthand Reporters ' 9 2321 Stanwell Drive-Concord,CA 94520-4808 12EI121NG SERVICE.IAC, pO. o410 Concord,CA 94524.4107 (923)683-5222 • Fax(925)685-3829 1 construction crew to get it fixed, and it ' s never been 2 €ixed and so they were back in the area trying to track it 3 down again anyway. Squirrels have a tendency to chew on 4 the thing and use it for a highway, and it ' s been pretty 5 bad. 6 1 talked to a supervisor on Saturday. They had 7 agreed to be at our house within the four-hour time frame . ` 8 They didn' t make that . I called to verify that time frame 9 earlier in the day that said we were there . When 1 called . 10 back after they had missed the time and talked to the E 11 supervisor, she told me no, no one had to be there , there 12 was no problem, we could take care of it and could we move 13 it to Monday. And 1 said fine . 14 Well , when my wife got home from work and got a 15 phone message on the answering machine saying, "Why 16 weren' t you there? You have to be there to let us into 17 the back yard. That supervisor you talked to on Saturday 18 didn' t know what she was talking about . " 19 And Leslie spent 15 minutes on the phone getting 20 through to them to finally realize that yes, we needed to s 21 be there . The guy went and spent maybe 30 seconds in the j 22 back yard, said "The problem is all through here , and it ' s 23 not yours . " So there' s some real issues in regards to 24 that . 25 So the bottom line is I think we need some T Certified Shorthand Reporters Zandolmila 10 2321 Stanwell Drive • Concord,CA 94520-4808 P.O.Box 4107 • Concord,CA 94524-4 107 (925)685-6222 * Fax(925)685-3829 1 competition. And I thoroughly support the idea of having 2 multiple vendors . I know the AT&T issue is a different 3 one from what you said before, but as we go through this 4 process, I know there are other vendors out there looking 5 to provide these requirements . So I think if we can bring 6 some competition to Danville it will go a long way in 7 helping provide better customer service and drive the 8 prices lower and can give consumers a choice . 9 Now I had a couple of other things that I wanted to 10 talk about , too, and specific to some of the things that I 11 went to when I attended the forums in Walnut Creek for 12 that that I just wanted to get onto the record. 13 I support the establishment of a non-profit 14 organization to run the community access channels . It' s 15 something we talked about . They started out originally 16 when they came out with having the cable companies run it , 17 they tried to have the towns do it in some areas , and it ' s 18 just never worked out . _ 19 And it seems, as we were presented in some of the 20 other areas, a successful solution has been the 21 establishment of a non-profit community organization that 22 takes on the responsibilities of running the PEG channels, 23 of providing the resources and the support to the 24 community for people who want to have access to these and 5 use them, as well as allowing the high schools and some of u` Certified Shorthand Reporters 21 2821 Stanwell Drive - Concord.CA 94524-4808 REPORTING SERVICE.INC.J11 P.O.Box 4107- Concord,CA 94524-4107 (925)685-6222 • Fax(925)685-5829 1 the other video areas to get in, the video kids that want 2 to learn how to do this , a place to go and take advantage 3 of it . I 4 I support a community network that ties the police 5 department, the city departments , the county library 6 system together . I think that' s something we need to look 7 at requiring as we go forward with that . 8 And let ' s not forget about our schools . I know 9 that that ' s a multiple -- crosses city boundaries , but the '! 10 ability to require some type of high-speed internet 11 access , free services into that area or funding for that 3 12 to help include that is a great idea . 1 13 I think the contract period needs to be a lot 14 shorter than it was last time . I think a seven-year 15 contract in this day and age with the changes of 16 technology don' t really work. 17 And to Newell ' s questions about the billing center 18 and things , maybe you can require direct payment option. 19 1 know that East Bay MUD does it , Pac Bell does it . Why 20 can' t we require AT&T to be able to debit your checking 21 account for your bills so you don' t have to worry about 22 being late? 23 And then the whole issue of the other things , 24 internet access , telephone service, high-speed cable modem 25 access and all those things , all the requirements that are � Certified Shorthand Reporters +ry t�t'�Unel 12 2321 Stanwell Brice . Concord,CA 94320-4808 REPONG $EPEE.INC. P.O.Box 4107 • Concord.CA 94524-410 7 (925)685-6222 • Fax(925)683-3829 1 standard in this are things that at a bare minimum should 2 be required, and Z think the city should be able to get 3 some fiber or some conductivity out of this, as well , to 4 help them out . 5 Okay. Thank you . 6 MAYOR GREENBERG : Those are good comments, thank 7 you, Mark . Dick Griffiths . 8 MR . GRIFFITHS : Mayor Greenberg, Town 9 Councilmembers, and staff , my name is Dick Griffiths . 1 10 have lived at 416 St . Francis Drive since 1969 . 11 1 won' t even attempt to describe what cable T.V. in 12 Danville was like 31 years ago. We' ve come a long way, 13 and yet we are just beginning our journey into the 14 information age . 15 I would like to offer a few comments on the cable 16 franchise process and the unique opportunity that it 17 presents . I address you as a citizen, but also from the 18 perspective of one who is responsible for Pacific Bell' s 19 technology planning from 1980 until 1589 . 20 This was a decade when the concept , technology, 21 advantages and limitations of broadband service were being 22 .identified and were under development in the 23 communications industry- 24 Since retirement Z have consulted on strategic 25 technology issues, including broadband services , in ZandormIlaCertified Shorthand Reporters 13 2321 Stanwell Drive •Concord.CA 54320.4808 REPOR INGr SE CS.INC. PO. Box 4107•Concord,CA 94524-4107 (925)685.6222 • Fax(925)685-3829 1 Alaska, New Zealand, Australia, Hong Kong and most 2 recently to the Brazilian government during the 3 privatization and sale of their national 4 telecommunications industry. 5 The comments I would like to make deal with six of 6 the many critical areas of the franchise process and are 7 as follows : 8 First, oversight . The granting of the franchise or 9 competing franchises creates some need for oversight of 10 the services provided and the performance of the 11 franchisee under the terms of the franchise . It carries 12 responsibilities for both the franchisee and the 7 s 13 franchisor, the Town of Danville in this case, towards the 14 ultimate beneficiaries , the cable subscriber, the cable 15 operator and the investors in the cable company. 16 This is perhaps an expanded view of the franchise 17 process , but there are responsibilities which need to be 18 recognized and the mechanisms developed to meet them and 19 the staffing done appropriately. 20 Needs assessment, the second item, is the subject 21 of this hearing; however, I suggest that as a misleading 22 phrase in the context of broader cable service . 23 The basic need is , of course, a cable signal for 24 localities unable to receive adequate off-the-air 25 reception of desired channels . And parenthetically I Certified Shorthand Reporters Zaadollwls ' 14 2321 Stanwell Drive •Concord.CA 94520-4808 REPORTT1YG SEMCE.INC. P.O-Sox 4107 • Concord.CA 94524-4207 (925)683-6222 • Fax(925)685-3829 1 might add that a 90-foot pole with an antenna on the top 2 might salve that problem and might fill the hall again . 3 The expanded discretionary services, which the 4 broadband cable technology now makes passible, and I ' ll 5 name a few, expanded channels, HD T .V. , interactive T .V. , 6 internet services , remote meter reading, home alarm 7 services , home schooling, digital telephone service and 8 community :service channels . 9 Third, discretionary services are commonly and 10 incorrectly referred to as needs . These are truly 11 discretionary services that I just mentioned and their 12 value should be based upon an assessment that weighs 13 financial feasibility to the cable operator, economic 14 reality to the subscriber, quotes, "rates, " unquotes , and 15 is justified in the budgetary funding process where they 16 are tax supported.. 17 Fourth, community service channels are paramount 18 among the discretionary services and although generally 19 considered, quotes, "free., " unquotes, the can generate 20 substantial hidden costs . 21 It should be recognized that the value of the _ 22 facilities which become unavailable to carry revenue 23 generating services and the lass of that revenue is a 24 debit on the balance sheet of the ledger of the cable 25 operator . Compensation for this loss of , quotes , "channel T7Certified Shorthand Reporters �rld0 Ulk 15 2321 Stanwell Drive• Concord,CA 94520-4808 REPORTING SEMCE.INC, P.O.Box 4107• Concord,CA 94524-4107 (925)695-6222 • Fax(925)683.3829 I 1 revenue, " will be reflected in the cable operator' s rate structure and, therefore, borne by all subscribers . 3 The cost to the town or the county of operating 4 community service channel facilities , be they county wide 5 or local , should be proposed, justified and funded like s 6 any other public service budget line item in the town' s 7 budget . Ultimately, this cost is also borne by the 8 subscriber, in this case as a taxpayer . 9 Fifth, the impact of changing technology, and I 10 think this is a very, very critical item. The time frame 11 and competition elements of changing technologies should 12 also be given adequate weight in the framing of the s 13 franchise . 14 Rapid technological changes make competition for a 15 specific broadband services increasingly viable . These 16 upset the traditional economics of cable service . The 17 primary medium employed for broadband transmission to the 18 home is undergoing a technological revolution . 19 The SL digital subscriber line, satellite , 20 ultra-high frequency line of sight transmission, fiber to 21 the home and broadband trade over electric transmission 22 facilities are all part of these competing technologies . 23 All of these technologies hold promise as competing s 24 delivery systems to cable for many, if not all , of the 25 services . Literally overnight the economics and rry ,, vl Certified Shorthand Reporters i t3l#lE I 16 2821 Stanwell Drive * Concord,CA 94520-4808 REPORTING S��7VICE. P.O.Box 4107 * Concord,CA 94524-4107 (925)685-6222 • Fax(925)685-3829 1 profitability of a given cable operator can undergo severe 2 change as competition enters the area with alternative 3 technologies . 4 How should the franchise process treat this 5 dilemma.? What consumer protection should the subscriber 6 to the cable franchisee have? What protection, if any, 7 should the cable operator have in protecting his inventive 8 investment? 9 Sixth, and lastly, implications of a franchise . 10 The discussions regarding the franchise process currently 11 under way raise well the societal issues . A discussion of 1.2 a far broader nature, such as the strategic, technological 13 and economic implications of franchising in a volatile 14 technology that is rapidly developing and is becoming the 15 source of intense competition need also be addressed . 16 What are the responsibilities placed upon the 17 franchisor, albeit the Town of Danville and/or the 18 consolidated cities of Contra Costa County? 19 I offer your consideration that these 20 responsibilities should include providing the cable 21 operator with a healthy business climate that encourages 22 expansion of services offered and rewards good 23 performance ; 24 Second, ensuring that the cable service subscriber 25 has access to all the technology that it is capable of Certified Shorthand Reporters 17 2521 Stanwell-Drive -Concord.CA 94520-4808 kfPORnNGS .VTCB. P.O.Box 410' •Concord,CA 94524-410`7 (925)685-6222 • Fax(925)685-5829 1 providing at a reasonable cost ; 2 Third, providing the flexibility to encourage and 3 accommodate other competing technologies and operators 4 without unduly penalizing any of the cable franchisees, R 5 and that ' s a real dilemma; 6 And, lastly, recognizing that the requirement for 7 any or all of the discretionary broadband services should 8 be based upon a "wants , " not a "needs, " assessment . This 9 "wants" assessment should meet the criteria of a 10 traditional cost benefit analysis , including being 11 economically realistic, fully identifying the cost burden 12 upon the user and avoiding cross-subsidization by the 13 non-user and/or the taxpayer . 14 On these principles could be based a farsighted 15 franchise mechanism that would be mutually beneficial to 16 the cable operator, competition, cable subscribers and 17 local government . 18 In conclusion, admittedly, this is a considerably 19 expanded view of the traditional cable T .V. franchise 20 process and the responsibilities that local government may ; 21 bear within that process . The needs of Danville citizens 22 in this emerging information age require nothing less of I 23 their town . 24 I thank you for your considered attention, and I 25 have given a copy of my comments to the town clerk so she rteCertified Shorthand Reporters 7,.Andoneft 18 2321 Stanwell Brice *Concord.CA 94520-4808 REpORnNG SERVICE.INC. P.O.Box 4107•Concord.CA 94324-4107 (925)685-6222 • Fax(925)685-3829 I need not transcribe it . 2 MAYOR GREENBERG : Thank you . Questions for Mr. 3 Griffiths? Thank you for your thoughtful comments . 4 MR. GRIFFITHS: Thank you . 5 MAYOR GREENBER.G: Chester Farrow. 6 MR. FARROW: Hi , everyone . Thank you very much. 7 My name is Chester Farrow, and. I' m representing the San 8 Ramon Valley Unified School District . I taught there for 9 32 years at Monte 'Vista High School , and I retired this 10 past June . And I actually had a whole month off in 11 retirement before I was hired on now as a consultant . 12 By the way, I just wanted to say in reviewing this 13 little process called democracy, Jesus, does it take a 14 long time . My, my. You know, there' s one nice thing 15 about being a teacher, and that is you' re totally 16 autocratic, quickly decisions are made and we move on. 17 Wow, this is different . is Before I get started, I just want to say that the 19 Academy Award nominations came out today, and I don' t knew 20 how many Danvillites that came through our school system 21 have ever been nominated for an Academy Award, but in the 22 area of full-length documentary feature, Gangus Blues has 23 been nominated for an Academy Award. That will be on 24 March 26th on Sunday, and I ' ll be there down there . 25 Anyway, what I wanted to say is that Ian 4. ,�._ Certified Shorthand Reporters � doilefl i 19 2821 Stanwell Drive •Concord.CA 94520-4803 REP: RMnNG SEMCE.INC. P.O.Box 4107 • Concord,CA 94524-4107 (925)685-5222 • Fax(925)685.3529 1 Williamson, a 1993 graduate of Monte Vista High School and 2 a former student of mine, and his parents are , I just want 3 to read this into the record, Richard and Janis 4 Williamson, 107 Plaza Court , in Danville . So we should be 5 very proud, and what have you, and you will be finally n 6 represented, the Town of Danville will be represented on 7 the 26th. 8 I would like to speak directly to the needs that we 9 have in the San Ramon Valley Unified School - District . 10 Some of the comments that have been made earlier this 11 evening, and so forth, hit directly at what we intend to s 12 do . And so, in summary, I will just kind of read this to 13 you, kind of keep it quick, and then I ' ll answer any 14 questions you might have . i 15 San Ramon Valley Unified School District needs to 16 establish a network infrastructure that enables immediate 17 and continuous communications between our schools , our 18 district offices and the homes in our community, via cable 19 television and the internet . 20 The ongoing local cable television refranchising 21 process provides us an opportunity to meet this need E 22 through partnering with the new cable franchisee to create ; 23 a real-time broadcasting and communications network to 24 serve the district and its community. 25 In the new cable franchise agreement , the San Ramon Certified Shorthand Reporters JfSSY2l +UIt 20 2321 Stanwell Drive *Concord,CA 94520-4808 REPORTING SE�ZVIC .INC. P.0-Box 4107 * Concord.CA 94524-4107 (925)685-6222 * Fax(925)685-3829 1 Valley Unified School District requires , and I ' ll discuss 2 all this in a moment , two public education and government 3 channels at the district office capable of reaching each 4 home in our district simultaneously, because of the 5 boundaries of the San Ramon Valley Unified School 6 District . 7 The two PEG channels that we' re referring to is we 8 need one from San Ramon, the City of San Ramon, and we' re 9 in discussions with them now, and we would like the City 10 of Danville to procure one� PEG channel for us . We would 11 be glad to share it with you. If you want to have live 12 your council meetings , we would be glad to do it , but we 13 have real need for this real-time programming. 14 Let me continue . The district needs these 15 capabilities because our employees , students , parents and 16 community members need access to accurate and timely 17 information regarding, but not limited to, emergency 18 situations , important dates and deadlines , school 19 activities and student performances, fund-raisers , 20 tutorial services , distant learning, I ' ll expand on that 21 in just a moment , educational issues , student information, 22 college entrance information, career activities, et 23 cetera . 24 Our community needs access to information from the 25 district that only broadcast television can deliver . The Certified Shorthand Reporters Zan 21 2321 Stanwell Drive • Concord,CA 94320-4808 REPORMG SEMCE.INC.11 P.O.Box 4107 0 Concord,CA 94524-410; (925}885-&222 • Fax(925)685-3829 1 district needs to broadcast public meetings of its Board i 2 of Education. 3 Finally, construction projects , progress reports 4 and other facilities information, especially concerning 5 bond issues, student assessment results and other public 6 accountability issues , school attendance, boundary changes 7 information, and so forth. 8 Communication is one of the district' s greatest 9 needs and priorities . Two PEG channels and the fiberoptic 1Q network will enable an information flow from the district 11 office and from each of our schools to our community . Our 12 needs , when met , will provide an untapped and invaluable 13 conduit of information to the families we serve . 14 Our proposed network using the cable television: 1.5 system will augment our internet system by providing much 16 richer content than the internet can now deliver . We need 17 to form an immediate partnership with the new cable T .V. 18 franchisee to realize this vision. 19 In general , and very simply, what we need is we 20 need two PEG channels and we need some fiberoptic strands . 21 We are now negotiating -- not negotiating, we' re having 22 our entire district engineered by Cisco Systems , and we' re 23 going to find out exactly - - in other words, I don' t want 24 to come to you, the Town of Danville , in a request from 25 the San Ramon valley Unified School. District until I know f +�.,, Certified Shorthand Reporters ZiI?t'�o�Ervcc 22 2321 Stanwell Drive -Concord.CA 94520-4808 ItE�flRT ING SP.O. lox 9107 Concord.CA 99529-4107 (925)685-6222 - Fax(925)685-3829 1 exactly how many of thefiberoptic strands that we need. 2 Now, we do know that whether it be wren, a new 3 competitor, or whether it be AT&T, they will be going 4 fiber. And we do know that :Fiber is generally 72 to 150 5 single mode fiber strands . And they' re packaged in four, 6 sixes and twelves . And what we need is maximum twelve 7 fiberoptic strands . And this way here our entire school 8 district will be high-speed wired, not just for the 8 internet , but for real-time broadcasting. to We intend to have at every one of our schools 11 closed-circuit television . I 've installed it already at 12 three of the schools in our district . And the 13 closed-circuit television, a complete little system, 14 including camcorder, installation, and so forth, is in the 15 neighborhood of around $3 , 500 . 16 And now we can, for the very first time , from any 17 of our schools throughout the district, let us say we took 18 Greenbrook Elementary at 4 : 00 o' clock in the afternoon, is 19 so-and-so teaching its basic concept that fourth-graders 20 have a tough time with. 21 And it can be in real time, which means the phone 22 could be called, a student can have a question, the 23 teacher can be talking about what the answer is , and so 24 forth, okay, not just over the phone, but it would be on 25 television with the camcorder, and so forth, it would be Certified Shorthand Reporters zaladouwla 23 2321 Stanwell Drive• Concord,CA 94520.4808 REPORTING SERVICE.MC. P.O.Box 4107 • Concord,CA 94524-4107 (925)683-5222 • Fax(925)685-3829 I in color, it would be in mono . It would be what we 2 consider or what I consider disposable television, okay, 3 In other words, production T.V. is what we normally = 4 see . This is something that has been rehearsed, produced, ' 5 thought through, we have everything that we need to help 6 us read the script , and so forth and so on . 7 In disposable television I' m talking about let' s 8 turn it on, "Hello, I ' m Chester Farrow, this afternoon 9 we' re going to do the following, and let ' s get started 10 with it , " let ' s not worry too much about how we' re 11 dressed, and so forth, let' s get going, and let you use 12 television the way it ' s supposed to be used. 13 Now, AT&T challenged me a few months ago . In fact , ; 14 I wanted to be -- I offered AT&T the school district , in 15 other words , we will be your Beta site , let ' s wire us up . 16 We don' t want a digital high school , we already agree that =, 17 digital high schools are a good thing, we want to be the 18 first digital district . 19 By the way, the name of this proposal is called 20 Project True Connect , A Total Digital District . And so 21 that ' s exactly what our plans are . 22 And what ' s wonderful about this is that it ' s only 23 possible to have this thought process , to have all these 24 wonderful means of communication because the franchise 25 process is going on right now, the renegotiating . Now is � Certified Shorthand Reporters itjUlBn 24 2321 Stanwell Drive •Concord.CA 94520-4808 REPORTING SE CE.INC. 't FO.Box 4107•Concord.CA 94524-4107 (925)683-5222 - Fax(925)685-3829 ........................... _.......................................................... 1 the time that we can say, "Here are the PEG channels that 2 we need. " Now is the time to say, "Here are the number of 3 strands of fiber that we need. " 4 And that' s why we need your help. In other wards, 5 you have the juice to be able to -- basically the 6 structure goes like this, there are about 70 channels , 7 okay, that are available to us . Let ' s ballpark it . If 8 there are 70 channels available, 10 percent can be 9 dedicated to PEG, Public Education and Government, 10 channels . So we' re looking at seven all the way from 11 Martinez to Danville that are available to us along that 12 line . I don' t know if any are being used as we speak . 13 Now, I already know that San Ramon now has three 14 PEG channels , and they were going to ask for two more to 15 bring theirs up to five until they met with us , our 16 district , and now they' re going to ask for six of a 17 possible seven, and that would take care of our needs . 18 So, in ether words , what we' re trying to do is we 19 would like to be able to, from any school in our district, 20 we want to simultaneously be able to go to all of our 21 students throughout our district , in the San Ramon Walley 22 Unified District , at the same time . 23 Now, all of these presentations will not be live . 24 There' s no need for them all to be live . One could be 25 Live with the telephone, and so forth and so on, "Hello, " ( ~ Certified Shorthand Reporters -� M12601mila 25 2821 Stanwell Drive •Concord,CA 94520-4808 j EPOM'NG SEMCE,RiC. P.O.Box 4107 •Concord,CA 94524-4107 (925)685.6222 • Fax(925)685-9829 I but that could go into an archive to where that could be 2 played again, and so forth and so on. 3 But it ' s not as though we have dreams about having 4 a PEG channel just for fun. We have schools that are 5 already lining up, and what have you, competing for their 6 time . And what we' re going to do is we' re going to share 7 time . And all of the time sharing will be done through 8 the district office at a switching network there . And, E 9 therefore, one school may be on from 8 : 10 to 8 : 20 for i 10 their daily bulletin, and so forth, message from the 11 principal , and so forth, 8 : 20 to 8 : 40 is someone else , and 12 so forth and so on, throughout the day. We can have 13 regularly scheduled, we can have impromptu, and there will ! 14 be one from the district office . 15 In other words , all of our schools, elementary, s - 16 intermediate and high school , as well as the district 17 office, will have a closed-circuit television station, a 18 little small studio, and all these signals , via 19 fiberoptic, will reach the district office and the 20 switching will take place there so they go over our single ; 21 PEG channel . The PEG channel may be channel 87 in 22 Danville , and in the San Ramon area it may be channel 32 , 23 but , nonetheless , it will be real time at the same time . 24 By the way, this has never been done in public 25 schools to any of our knowledge world-wide . And so this .fir —1 Certified Shorthand Reporters 26 2321 Stanwell Brice •Concord,CA 94520-4848 REPORMiG SERVICE.IVC. P.O.Box 4107 • Concord,CA 94524-4147 (925)685.6222 - Fax(925)685.3829 1 is the very, very first time for a school district . We 2 want every school, every administrator to be able to reach 3 every home of every one of their students right now. 4 Now, AT&T, like I said, we had a little bit of 5 discussion, wanted me to singularly pursue the Internet . 6 You could have what ' s called a little net cam and the 7 teacher could be talking to this net cam. I don' t know if 8 any of you have ever tried to take a look on the internet , 9 and what have you, to see actual real time on the 10 internet . 11 Right now, okay, it' s a Little early. The 12 streaming is coming, you bet , D-tech, I 've seen those ads, 13 too, you bet , and streaming is real where the audio/video 14 comes in and is disposed of , and that' s it , either you 15 process it, take it or don' t . Okay, that ' s fantastic . 16 But there is no reason that we can' t have high-speed 17 communication, real time, internet and all of it . And our 18 goal can be realized if we could have the support of the 19 Town of Danville . 20 MAYOR GREENBERG: Thank you, Mr. Farrow. Are 21 there any questions? 22 VICE-MAYOR DOYLE : I just want to tell Chester, 23 Chester, you' re a legend in the San Ramon Valley School 24 District . My wife is a teacher at Tassajara Hills , and 25 Newell is a teacher up at Montair, so we attribute you as Certified Shorthand Reporters f 27 2521 Stanwell Drive 0 Concord.CA 94520-4808 REPORi'ING SERVICE.INC. j PO.Box 4107 .Concord,CA 94524-4107 (925)685-6222 + Fax(925)685-3829 1 doing one hell of a job. i 2 MR. FARROW: Thank you . 3 VICE-MAYOR DOYLE : Explain to me about San Ramon 4 getting three PEGS right now. They have three PEGs? 5 MR. FARROW: Yeah, they currently have three PEG ' 6 channels . 7 VICE-MAYOR DOYLE : Want two more? 8 MR. FARROW: Yeah. They want two more simply 9 because of the expansion of the requirements within their 10 communities . 11 VICE-MAYOR DOYLE : Okay. 12 MR. FARROW: And so, therefore, that ' s when I 13 asked for an additional one . c 14 VICE-MAYOR DOYLE : The school district would take 15 one? 16 MR. FARROW: Yes . 17 VICE-MAYOR DOYLE : And that will be ample? 18 MR. FARROW: That ' s all we would need . See , in 19 other words, if we get one from San Ramon and we get one 20 from the Town of Danville - - 21 VICE-MAYOR DOYLE : You' ll have two then . 22 MR. FARROW: Well , we' d have two but only - - 23 VICE-MAYOR DOYLE : I understand . s 24 MR. FARROW: Very good . And that would be our 25 two that we would need. And, for whatever it ' s worth, I Certified Shorthand Reporters It'b 16 �8 28 2321 Stanwell Drive Concord,CA 94520-4898 REPORTING SERVICE.INC. i P.O.Box 4107 •Concord.CA 94524-4197 (925)685-6222 r Fax(925)685-3829 I don' t knew exactly what your police and fire department 2 requirements are, but the amazing things that you could do 3 with two strands of fiber, the communication on just two 4 is amazing . And so -- - 5 VICE-MAYOR FOYLE: you' re on the right track, 6 Chester, and if I can help you, give me a call . 7 MR. FARROW : All right . Thank you. 8 MAYOR GREENBERG : Dick? 9 COUNCILMEMBER WALDO: Just a curiosity question, 10 did you teach marketing, or what did you teach? 11 MR. FARROW: No . I actually taught electronics 12 and television production . 13 COUNCILMEMBER WALDO: Okay, thank you . 14 MAYOR GREENBERG: And congratulations to you and 15 your student . 16 MR . FARROW: Well , thank you. That' s a real 17 kick, it really is . It' s funny, I was really hoping that 18 there was a San Ramon Valley writer in here . I called the 19 San Ramon Valley Times today. This gal said, " I think 20 that would be a nice story, I ' ll give you my" -- 21 MAYOR GREENBERG: There' s a reporter right there . 22 MR. FARROW: Good . The person said, " I ' ll give 23 you my editor . " I said, "Fantastic . " So I got the voice 24 mail of the editor . So at 11 : 00 o' clock I leave this 25 message , and here I am still . And this is a hot little _ Certified Shorthand Reporters ' +t ll�► t3�lE t 29 2321 Stanwell Drive •Concord,CA 94520-4808 RI PORTI'iG SEMCE.INC. P.O.Box 4107 • Concord,CA 94524.4107 (925)685-6222 • Fax(925)683-3829 1 thing that ' s happening, maybe you can give me a call , 2 maybe tomorrow, 210-0623 . 3 MAYOR GREENBERG: Okay. Thank you, Mr. Farrow . 4 MR. FARROW: Thank you . Oh, they got a time 5 thing up here , three minutes . Oh, God. 6 MAYOR GREENEERG: It wasn' t on. You had to sit 7 through the other things . 8 MR. FARROW: Ken will make it short . 9 MR. MINTZ : I will make it short . It ' s kind of 10 hard to follow Mr. Farrow. My name is Ken Mintz, my 3 11 business address is 1600 South Main Street , in Walnut 12 Creek . 13 Interesting, in listening to Mr. Farrow you get an 14 idea of how things have changed. The last time this 15 franchise agreement was made up or renewed, we were only 16 talking about cable television, you know, that one way, 17 give me the screen and that ' s it . Right now the cable 18 provides a whole lot of different things now and even more 19 into the future . 20 And it' s with that that I ' m before you to bring up 21 just one point . This evening I ' m representing an alliance 22 of consumers, businesses and community leaders who want to 23 ensure that all consumers have the widest , most affordable `: 24 choices available in high-speed internet service . 25 When AT&T merged with TCI and now has a proposed r__ u i Certified Shorthand Reporters '-- Rdormli'� 30 2321 Stanwell Drive Concord.CA 94520-4808 P.O.Box 4107 •Concord,CA 94524-4107 (925)685.6222 Fax(925)685-5829 1 merger pending with Media One, that company will have 2 access to 60 percent of the homes across the nation in 3 terms of cable, making effectively a full monopoly in the 4 cable industry. 5 In order to access high-speed internet service over 6 cable modems , AT&T requires consumers to use their 7 affiliate, Excite At Home, as their internet service 8 provider, therefore, creating a high-speed internet 9 service access monopoly as well as a cable monopoly. 10 The only way consumers get to use their internet 1.1 service provider of their choice is by paying a second 12 fee . So, for instance , if you wanted to use AOL over your 13 cable modem, you would have to pay them in addition to 14 paying Excite At Home . 15 What I ' m asking for is that as the franchise 16 renewal is being considered here in Manville that we 1.7 consider putting a provision for open access, which would 18 require AT&T to provide access to their network similar to 19 what other telecommunication companies have to do today 20 under the Federal Telecommunications Act . 21 Right now if you wish to get MSI, service , for 22 instance, you can get it from Pac Bell or you can get it 23 from numerous other companies . However, if you want to 24 get an ISP over cable modem, you have to go to AT&T and 25 Excite At Home first and then you can consider one of ( Certified Shorthand Repor520-4 08 31 2321 5za;n�,;e11 Drive •Concord,CA 94320-4808 RE,PORMG SEMCE.INC. I R0.Box 4107 •Concord,CA 94324-4107 (925)683-5222 • Fax(925)685-3829 1 those other companies . 2 What we' re suggesting is something for competition, 3 something for consumer choice . Thank you. 4 MAYOR GREENBERG : Thank you . Questions for Ken? 5 COUNCILMEMBER SHIMANSKY: So you' re also 6 advocating opening up Pac Bell ' s local market to AT&T? 7 MR. MINTZ : Pacific Bell strongly believes in 8 having competition in the marketplace . 9 COUNCILMEMBER SHIMANSKY: So what I ' m saying is 10 that if AT&T was , or TCI, was to use the fiberoptic cable 11 for local telephone service, Pac Bell would be in favor of 12 that? 13 MR. MINTZ : We are opened to competition, in 14 telephony, in any of our services . In fact , we ' re 15 mandated by the Federal Telecommunications Act to do so . 16 AT&T, however, has , through their affiliate, a kind 17 of restricted access for cable modem service for E 18 high-speed internet service, you must use their affiliate 19 in order to get that service . Right now our services are 20 completely unbundled, any company can come in and do 21 business over our lines . 22 COUNCILMEMBER SHIMANSKY : Yeah, because I see the 23 next step with giving with this fiberoptic cable into the 24 home would be for local telephone service . 25 MR. MINTZ : Mm-hmm. That is another service that Certified Shorthand Reporters 32 2321 Stanweg Drive • Concord.CA 94520-4808 REPORnNG SEMCE.I"NC. P.O.Box 4107 • Concord,CA 94524-4107 (923)685-6222• Fax(925)685-3829 1 they' re looking to provide . Now, at the same time what 2 you will be seeing soon from Pacific Bell., and you already 3 do within Danville , is the SL service . 4 And our current push is to provide a fiberoptics 5 out to the neighborhood which will provide DSL to every 6 resident . Right now you' re limited to a few mile 7 distance . But as we move fiber into the neighborhood, 8 these services will be available and, in fact , across the 9 entire Bay Area as one of the earliest points that we ' ll 10 be installing even this year our internet service, our 11 high-speed internet services . 12 Any other questions? Thank you . 13 MAYOR GREENBERG: Thank you. Marian Jackson . 14 MISS JACKSON: Hi, I ' m Marian Jackson. I am the 15 director of government affairs for the Delta Diablo area . 16 I wanted to thank the public and the people that - - 17 MAYOR GREENBERG: You' re public affairs for? 18 MISS JACKSON: AT&T, I ' m sorry. Of course . I 19 wanted to thank the public for stepping up and speaking 20 tonight . I took copious notes , and I do hope I can get 21 with you later on. It ' s. valuable information to take back 22 to the office and make sure things do happen . 23 Looking forward to working with the community, the 24 Town of Danville and Contra Costa County, as well as the 25 other cities in the consortium towards a renewal , although Certified Shorthand Reporters 33 2521 Stanwell Drive • Concord,CA 94520-4808 REPtJRI1NG S }tVi�E.3NC. { PO.Box 410;• Concord,CA 94524-410; 1 (925)685-6222 • Fax(925)685-8829 1 as of yet we haven' t sat down with them to do a 2 face-to-face until they' ve gotten all their information 3 for the needs assessment . 4 We' re beginning to deploy our advanced network 5 system, as I ' ve told a few of the councilmembers . So we 6 should have new and improved services out there pretty 7 quickly to Danville . 8 Forced access of the issue that Ken Mintz was e 9 describing to you is not really related to franchise 10 renewal , although he would like to have you believe so . 11 In fact , I wrote down a comment that your consultant Bill 12 Lowery said. He said it ' s not a competitor process , the 13 renewal . ' 14 AT&T is , of course , in support of competition . 15 They' ve been in competition for years , and so we do 16 support competition . 17 Just a couple of notes I took while Ken was 18 speaking . He mentioned that we would be a monopoly . We 19 only have three percent of the internet service . You can 20 reach AOL through our At Home service with two clicks . 21 Also, for the record, I would like to submit our 22 response to the proposal concerning forced internet 23 access . r 24 MAYOR GREENBERG : Is forced access the same thing 25 that Mr . Mintz described as open access? ? { tri 1 Certified Shorthand Reporters a () Qill+� 34 2321 Stanwell Drive •Concord.C.A.94520-4308 REPO$21'It1G SEIE.ITtC. s P0. Box 4107 • concord,CA 94524-4107 (925)683-6222 • Fax(925)685-3829 1 MISS JACKSON: Open access . It ' s a different 2 adjective . 3 MAYOR GREENBERG: Just want you to clarify that . 4 MISS JACKSON: Just happened to have it with me . 5 They were before me on the agenda, so I thought it was 6 safe to release . 7 MAYOR GREENBERG : You guys are traveling 8 together. 9 MISS JACKSON : Yes, we do that quite often . Is 10 there any questions? 11 MAYOR GREENBERG : Newell . 12 COUNCILMEMBER ARNERICH: Yes . The open access 13 issue , it' s important, it is on the table for 14 negotiations , because as we renew the agreements and we 15 look at the rate structures, the way rates are compiled, 16 as Mr . Griffiths said, is that if you add into the minimum 17 requirements , it affects the overall rates , so there is a 18 cost for open access, but it is really important . 19 And in true competition, and I thank Mr . Mintz was 20 referring to 60 percent of the cable service and he dial 21 not mean 60 percent internet access . 22 But all that quibbling aside, the real question is, 23 and we haven' t talked about it , this past year I think 24 Danville has aired about 10 programs , somewhere in that 25 neighborhood, our public government process . People in Certified Shorthand Reporters ildo fl8 35 2321 Stanwell Drive • Concord,CA 94520-4808 i Ep0RnNG SERVICE.INC. PO.Box 4107 • Concord,CA 94524w410 (925)685-6222 • Fax(925)685-3829 I Lafayette, Martinez , Antioch, everywhere , really know 2 what ' s going on in Danville , however, in San Ramon they 3 have no idea what we' re doing, and vice versa, we don' t , 4 because there ' s this imaginary line that seems to separate 5 us . 6 What can we do that it ' s most important of the 7 cities and as the communities , we' re the San Ramon 'Valley, 8 but yet the way the cutoff lines are on the public access 9 channels we are not communicating with each other, and it 10 creates an invisible barrier, and in truthfulness it is a 11 physical barrier, how can we address the ability that they 12 can see our council meetings and vice versa? 13 I enjoy watching Martinez , but I would really like 14 to know what ' s going on there because we do need, same 15 thing, that we have a school board, as Mr . Farrow was 16 mentioning, that is the whole San Ramon Valley. So how 17 can we eliminate that through this process that what we' re 18 seeing, we can see their public access channels and vice } 19 versa? 20 MISS JACKSON: Well, there ' s always the 21 opportunity to put their videotape council meeting on your 22 public access channel . I mean, there' s several 23 communities that do that now. Also, we' re planning to do 24 a universal channel lineup for the entire San Francisco 25 Bay Area so that your neighbor doesn' t say, "Well , how ( Certified Shorthand Reporters fir,,,,ndouw CREP�0R=TIN:GSERVICE, L,� %L36 2321 Stanwefl CADrive • Concord, 94520-4808 INC. i P.O.Box 4107 = Concord.CA 94524-4107 (925)685-6222 - Fax(925)685-3829 1 come you get that channel on there and I don' t get that 2 channel on there, " or, " I don' t get that channel at all . " 3 Hopefully, it will be uniform, although it ' s 4 difficult to line up every channel in the Hay Area that 5 will also assist with the PEG channels, because we hope to 6 have it on the same channel throughout the Bay Area, 7 although it won' t be the same . you won' t see the Town of 8 Danville in Cupertino. 9 COUNCILMEMHER ARNERICH : That doesn' t quite 10 adjust . The tape idea doesn' t work, because they have to 11 get permission . 12 How can we -- and why is there the barrier and how 13 can we try to address it? Because you know it doesn' t , if 14 you knew enough about haw each system is arranged, they' re 15 not going to do it unless we do it , they have so many 16 hours that are allowed. 17 It needs to be more seamless , because over time 18 we' ve grown, and our issues are so related, you know, 15 seeing at different times the school - - we have kids that 20 live in Ban Ramon that go to Danville schools, and vice 21 versa . 22 So can you, if you can' t answer it now, can you 23 come up with a way, other than trying to deal with the 24 tape , because that does not work and we know it doesn' t 25 work because we could do that now and they can' t get it +�r�,, y Certified Shorthand Reporters Zando l 37 2321 Stanwell Drive+ Concord.CA 94524-4808 2 P( f tl'IG S�RV1C .II'iC. PO,sox 4107• Concord.CA.94324-4107 (923)683-6222 * Fax(923)683-3829 1 done , then how can we get a cross PEG channel that our 2 valley can all see those issues that affect all of us on a 3 daily basis , because we are too isolated now? So you can 4 come back with a response . 5 I ' ll give up some of the other issues, because I 6 think that ' s an important one . And it goes right back to 7 what Mr . Farrow was saying, how do we connect ourselves 8 together, because we' re too integrally involved in traffic ! 9 issues , government , everything . If you could figure out 10 something and come back to us . 11 MISS JACKSON: And I ' m sure that will be actually , 12 a subject that we broach in our franchise renewal . 13 COUNCILMEMBER UNKNOWN: When are you going to 14 bring Home to Danville? 15 MISS JACKSON : At Home? Actually, you know, I 16 gave a little presentation to Newell, and I don' t have 17 that with me tonight , but we' re starting to do the 18 deployment of the advanced network system here now . And 19 usually the At Home service is not far behind. So it will 20 be this year . 21 COUNCILMEMBER UNKNOWN: Two months, three months? 22 MISS JACKSON: Well , I hate to kind of give you a 23 date when I can' t remember what it was , but it ' s soon. 24 COUNCILMEMBER UNKNOWN: November, you know? 25 MISS JACKSON: November, I don' t think so . Ji ZaCertified Shorthand Reporters e 38 2321 Stanwell Drive -Concord,CA 94520-4808 ndonfla REPORTING SEMCE.INC. PO.Box 4107- Concord,CA 94524-4107 (925)685-6222 - Fax(925)685-3829 ........................................... r 1 MAYOR GREENBERG: Further questions? Thank you, 2 Miss Jackson. 3 MISS JACKSON: Thank you. 4 MAYOR GREENBERG: I have no ether request to 5 speak on this subject . Then we thank you all for your 6 comments, and they will be made part of the record. Thank 7 you. 8 Elizabeth, do you have anything that you want to 9 conclude with? _ 10 MISS HUDSON: No,. just to thank the people that I.I. came and took their time to give us their input . 12 MAYOR GREENBERG: Thank you. 13 14 15 (whereupon Item No . 11 was concluded. ) 16 17 --000-- 18 19 20 21 22 23 24 25 —` Certified Shorthand Reporters n fla 39 2323 Stanwell Drive .Concord,CA 94520-4808 REPORUNG SERVICE. i P.O.Box 4307 • Concord,C,4 94324-4107 (925)685-6222 + Fax(925)685-5829 • 1 STATE OF CALIFORNIA } ss . 2 COUNTY OF CONTRA COSTA } 3 1 4 I , MANDIE J. DOYLE the undersigned, a Certified 5 Shorthand Reporter, License C-6946 , of the State of 6 California, hereby certify: 7 8 That the foregoing pages of Item No . 11 of the Town 9 of Danville council meeting of February 15 , 2000 were 10 transcribed by me from audiotape fully, truly and 11 correctly to the best of my ability. 12 13 I further certify that I am not interested in the 14 outcome of said action, nor connected with, nor related 15 to, any of the parties of said action or to their 3 16 respective counsel . 17 18 19 IN WITNESS WHEREOF, I have hereunto set my 20 hand this day of . , 2000 . 21 22 23 , 24 MANDIE J. DOYLE, CSR, License No . C-6946 25 County of Contra Costa, State of California . rters 4 0 Certified Shorthand Rep520-4808 2321 Stanwetl brise•Concord,CA 94520-4808 REPORTING SERVICE.MC. i P.O.Box 4107, Concord,CA 94524-4107 (925)68-5-6222 - Fax(925)685-8829 Regular Meeting March 15, 2000 Martinez, California CALL TO ORDER - PLEDGE OF ALLEGIANCE - ROLL CALL Mayor Menesini called the meeting to order at 7:15 P.M. with all Councilmembers present. PRESENTATIONS)/PROCLAMATION(S) There were no presentation(s) or proclamation(s). PUBLIC COMMENT (COMPLETE SPEAKER CARD AND GIVE TO CLERK) TIM PLATT, a resident of Martinez, expressed concern with the apparent approval of plans for the Ferry Street parking lot which he suggested in his opinion was one of the prettiest streets in the community. Since he understood that many residents were unfamiliar with the proposal, he questioned what had actually been approved. He recommended that any action on plans for that part of the City should be done with more publication, education and information. Mayor Menesini clarified that nothing had been formally approved with respect to Parking Lot #4, except that a specific proposal had been presented to the City Council on a number of occasions. He expressed the willingness to place Mr. Platt's name on a mailing list to receive information from the City regarding that proposal. Mayor Menesini further explained that the proposal referenced: would be subject to numerous public; hearings. Once staff had the opportunity to review that proposal and analyze the details it would go through the entire planning process, which would include a number of public hearings. He acknowledged that the proposal would involve an asset of the City. He also commented that as part of the proposal referenced, the City would have the opportunity to be part of a public/private partnership. I HARRIET BURT, a resident of Martinez, also expressed her concern with what appeared to have been the approval of a project for Parking Lot#4 with little information afforded to the public until very recently. She too agreed with the need to improve information, provided to the public. As a participant in the recent Community Forums, she noted that the proposal referenced had been supported by those participants during discussions, although no decision had been made regarding any of the issues involving downtown projects. 00.03.15.01 On motion by K Ross, seconded by B. Woodburn, the Council held a public hearing to introduce and later adapt ordinance amending Section 1.12.010 to bring the statement of penalties for violations of the Municipal Cade into conformance with State requirements and amend Section 1.12.030 and 22.52.010 to make penalties for violations of the zoning code internally consistent while providing the City with options for punishment. [09.04.04109.10.00] 8. Public hearing regarding the renewal process of the cable franchise between the City and AT&T Cable Services (formerly TCI). Public comment on past performance of cable services, franchise compliance and an assessment of future community cable needs and interests. Franchise Coordinator Patty Friesen advised that the cable franchise between the City of Martinez and AT & T Cable Services, (formerly TCI) would expire on June 30, 2002. She advised that under Federal law there was a three year period prior to the expiration date, defined as the "renewal window" to review the franchise. The renewal process would include an evaluation of past service levels, franchise compliance, review of the technical and financial and overall performance of the operator as an assessment of future community cable needs and interests. Ms. Friesen explained that the purpose of the public hearing was to allow an opportunity for members of the public to address the past performance of the cable operator as well as future cable related needs of the community with the City's interest to determine the best possible cable services to be provided to Martinez residents, businesses and community groups, while also protecting the public rights-of-way and maximizing the return from the use of the public's property. Ms. Friesen further explained that after the public assessment they would move on to negotiate j the new cable operator agreement. All comments from the public would be recorded and taken into consideration during the negotiation process. Mayor Meesini understood that the City of Concord had adopted or was very close.to a new process with respect to cable services. He inquired what cable services the City of Concord was considering as opposed to the City of Martinez. Ms. Friesen explained that the franchise the City of Concord had with AT & T was a non- exclusive franchise so that another cable operator had come into the area and had petitioned the Cities of Concord and Walnut Creek to provide cable services. Both the Cities of Concord and Walnut Creek had adopted franchises with another;company to provide competitive cable services. She was uncertain of the different services that the new cable company would be able to provide, although she understood that they were offering similar services to that which AT &T was currently providing. O 03.15.05 Ms. Friesen commented than the cable companies were all in a competitive mode and were all vying to offer services that they were able to offer in the hopes that each community would subscribe to their company services. She clarified that the local jurisdiction [City of Martinez] was very limited in what they could actually control. The cable operator franchise would allow the City to charge a franchise fee to the cable operators for the use of the City's rights-of-way so that they could lay their cables and provide their services. However, the City was mandated federally as to how much they could charge as a franchise fee. The City had no control whatsoever over the telephone side of the rates since it was regulated by the Public Utilities Commission (PUC). Councilmember Schroder explained that he had attended the first meeting of the cable consortium where there was a review of a survey of the awareness level of the services that citizens were interested in receiving. He recognized that cable services no longer involved just television. In fact, it involved a greater amount of opportunities for usage. Additionally, there had been discussions on the possible use of telemetry, which would open to the door to a host of potential opportunities. In response to Vice Mayor Ross, Ms. Friesen clarified that it would be up to the Council whether they preferred that the City negotiate a new contract along without the cable consortium or whether the City desired to negotiate by themselves. She explained that the City had participated so far with the cable consortium since it had benefitted everyone involved. In addition, the consultant firm that had been hired to assist with the renewal process had a national reputation, was knowledgeable of the services provided to the various communities and was knowledgeable of public access availability. With the City having joined the cable consortium, that had helped the City become more experienced with the process. ! PUBLIC COMMENT: KATHY IVERS, a resident of G Street, Martinez, stated that she had been the Chair of the Cable Advisory Committee and noted that during the downsizing that had occurred in the City the committee had lost staff, had not been informed they were no longer a committee and had stopped meeting as a result. She commented on the irony that there were still public notices in the J!1easant Hill R r rd that there were still meetings, even though the committee had not met in years. She emphasized that she was unaware of the status of the committee in that committee members had never.been formally notified of their status. If the committee was disbanded, she suggested the Council consider revitalizing the committee since it was the perfect venue for the subject discussion. Ms. Ivers advised that the committee had been in the midst of codifying a survey that they had prepared and had even recommended that the committee name be changed to the Telecommunications Committee in order to address the enhanced ways that such technology could be used. 00,03.15.06 { Ms. Ivers also understood that the cable franchise agreement was for a 30-year period with a renewal at the cable operator's discretion, involving a 15 year extension. She understood that the current franchise agreement would expire in the year 2012 and only if the cable operator desired to look at it again would the City have the opportunity to renew the agreement. If the City were to consider renewing the franchise agreement, she recommended a shorter period of time to offer adequate review, particularly with respect to the changing technology. Mayor Menesini agreed that there be some consideration of a shorter time period for the franchise agreement, particularly in response to the changes in technology. He otherwise agreed that the reinvigoration of the Telecommunications/Cable Committee was not a had idea in that public involvement was needed. He acknowledged that there were some City committees that had been eliminated when the City had downsized. ED McGEE, a resident of Martinez, referenced the existing cable franchise agreement that would expire in 2002. He noted that the franchise agreement had included a provision for complaints to be made to the City Council. He also noted that he had a copy of the cable franchise agreement under consideration by the City of Concord with a competitive cable operator. He noted that some of the things that the competitive cable company would provide were things that AT & T should also provide to the citizens of the community. In reference to public access, Mr. McGee noted that there was a provision in the old cable franchise agreement which stipulated that 50 cents was to go to the City Council for the purpose of the promotion of public education/government. Presently, AT & T operated one public access channel, which was a combination of leased access, public access and some government access. He pointed out that Council meetings for the Cities of Walnut Creek. and Pleasant Dill were televised on that channel. With the system that the competitive cable operator was preparing for the City of Concord, he suggested that company would be able to target .Martinez and Pleasant Hill households so that Martinez households would not have to watch programs that did not pertain to City residents. Additionally, the one public access channel was only operated during specific periods of time. Mr. McGee suggested that the public access channel would be an opportunity to televise the City Council, School Board and various City commission/committee agendas. He emphasizedthat the City of Martinez should also be provided with a state of the art cable operation. He suggested that the public education/government channels should be operated by a non-profit organization or by the cable operator. HARRIET BUILT, a resident of Martinez, stated that whatever agreement with whatever company was finalized that such agreement include live coverage of City Council meetings. She commented on the fact that many residents were unaware of what was occurring in the City. She described lural newspaper coverage as "spotty", although she acknowledged that there had been some improvement. She urged local newspapers to do what they could to provide summaries of the meeting agendas in complete farm in advance so that residents would be informed of the important issues. 00.03.15.07 Councilmember Woodburn emphasized that the entire City Council endorsed televising „gavel to gavel" City Council meetings. She requested that the City Council direct that live coverage of City Council meetings be provided as quickly as possible since it served the public far better than it had been served in the past. She welcomed AT & T and hoped they would assist the City with that direction. TIM PLATT, a resident of Martinez, expressed concern whether the public hearing item as indicated on the agenda had been properly noticed to the public. He commented that he was present only by accident and suggested that had more residents been aware of the public hearing they would be present to provide additional comment. He questioned the public awareness of the item', questioned the process of noticing a public hearing on an issue that was soliciting public input and inquired of the public notification process. Deputy City Clerk Mercy Cabral identified the public notification process with involved the posting of all meeting agendas 72 hours before the scheduled meeting dates and which were posted on display outside City Hall, with notification in local newspapers as a courtesy and notification sent to a list of person(s) the City had on record. Mr. Platt questioned whether the system was working in that he described the renewal of the cable franchise as a "hot button issue" where basically no one was present. He also questioned an agreement on the renewal through the cable consortium noting that the needs of every community was different. He recommended a shorter franchise agreement period such as a five to ten year term)agreement. MARIE GOODMAN, a resident of Martinez, requested clarification of the purpose and intent of the person(s)who videotaped Council meetings on occasion. She inquired whether those person(s) were employees of the City. Mayor Menesini explained that the cameraperson referenced had taped the City Council meetings on a lnumber of occasions for a number of years. He commented that the cameraperson was not an employee of the City of Martinez. He noted that anyone who had a camera would be allowed to attend and videotape Council meetings. Mr. McGee clarified that he was one of the cameraperson(s) who videotaped the Council meetings on occasion, which was part of the public access portion of the cable franchise agreement. He further clarified that he was not being paid by the City to tape the meeting. He otherwise inquired of the exact term for the existing franchise agreement which he understood would expire in 2002, but which also included a 15-year extension period. He also stated that if the Council desired live coverage of Council meetings that now was the time to negotiate the necessary camera equipment to provide live coverage so it did not come out of the City's budget. Ms. Friesen explained that the cable franchise agreement was from 1982 to 2002, for a 20-year period. She commented that the City's position was that the agreement would expire in 2002. 00.03.15.08 She clarified that the Cable Act of 1984 preempted the extensions referenced, although the agreement did allow for a 15-year extension and another 15-year extension totaling 50 years. She advised that the City had written a letter to AT & T advising of the City's right to negotiate the renewal of the cable franchise agreement. She emphasized that the City had the support of the cable consortium. Councilmember Schroder requested clarification that the City of Concord had two cable franchise agreements. Ms. Friesen reiterated that the competitive cable franchise agreement with the City of Concord involved a non-exclusive franchise agreement which would allow Concord residents to select their cable operator. She understood that the same process was being considered for the City of Walnut Creek. The competitive company would not be permitted to utilize existing cable operator systems and would be required to provide their own system of operation. MARIAN JACKSON, Director of Government Affairs, AT &T Cable Services, identified her telephone number for any member of the public to contact her with respect to any concerns with the cable franchise agreement renewal process. She noted that AT & T was in the process of upgrading their Advanced Network Deployment, which was anticipated to be complete in May or June and would provide state of the art service to the City. She also looked forward to the ability for AT & T to provide more advanced services, such as Internet services, to the community. In response to Vice Mayor Ross, Ms. Jackson advised that AT & T would be more than willing to negotiate with other companies for access. She clarified that AT & T was partnering with Media One, which was located in more of the inlet areas of the State and in Southern California. As to whether AT & T planned to merge with any other companies, she stated that she was not aware of any such business transaction now or in the future. Councilmember Schroder stated that he and Councilmember 'Woodburn, as the members of the Franchise Subcommittee, would be attending several meetings with the cable consortium. He { suggested that it would be helpful to appoint a Citizen's Telecommunications Committee that could meet with the Franchise Subcommittee to address ideas and concerns. Councilmember Woodburn suggested that a Saturday morning workshop or Community Forum on the discussion would be a benefit to the community. She suggested that such meetings be highly noticed not only in the local newspapers, but the Con= Costa Times as well. Mayor Menesini thanked everyone for their comments. He declared a recess at 8:55 P.M. The meeting reconvened at 9:13 P.M. with all Councilmembers present. [22.01.001 00.03.15.09 1 AT&T PUBLIC HEARING —APRIL 4, 2000 Pat: Supervisor Gerber and members of the board, in August of this year 3 of our cable franchises with AT&T cable systems will expire in the unincorporated areas around Brentwood, Pinole and Martinez--as far down as Alamo. As part of the renewal process and in cooperation with 10 other cities in the county we have been conducting a telephone survey in October and that was with 409 interviews. And then in November 10 focus groups were held to get information from approximateiy 107 people about their current customer service and about their future cable related needs or the things they would like to see their cable system provide. To afford one more opportunity to the general public to give us some input into that process we are having the hearing today and several other jurisdictions throughout the county are having hearings as well to gather additional input from the community. In our case, the unincorporated subscribers in those areas about customer service and technical standards such as outages or picture quality because those are the two areas that we can regulate in. We cannot tell the cable system which particular channel's to put on in terms of"I want ESPN vs. CSPAN" but we can make sure that their picture quality is adequate and that their customer service is being provided. So we would like to hear comments now from any of the public that are here to let us know about some of these issues. We are going to begin with our speakers on item D-2 Maria AA-9-ria - Latino Leadership Counsel of Contra Costa she is also on the City Counsel for Pinole. Welcome Thank you Madam Chair and good morning honorable members of the board I want to thank you for this opportunity to speak to you regarding the AT&T Cable related needs of the community. I'm here representing the Latino Leadership Counsel of CCC which was established in 1993 as a mutually supportive Latino Leadership network to empower and serve the multi-cultural community of CCC. We came together to forward relationships, consolidate resources, mentor emerging Latino Leaders and work collaboratively to address issues that affect Latinos in CCC. We have over 300 members that are representative of the entire county. Our mile stones in the last year include, we have established 5 action committees, education, political advocacy, health and community services, youth leadership development, and economic development. We have also sponsored 3 community summits, one on Latino Leadership in March of 1999, a Latino Leadership Counsel meeting in May of 1599 and an advocacy and community mobilization summit in September of 9999 and in this December we've just secured funding for the development of a strategic plan 2000, 2005 with a specific component addressing health issues in east and central counties and we are currently hiring a facilitator to help us with that project. We are a volunteer organization. We have zero paid staff. Our members include the president of Los Medonos College, the deans from DVC and CC College and JFK University. We also have educators, elected officials, youth, business, labor and community representatives on our counsel. Similarly Latinos are an established and growing part of Contra Costa's diverse population. Latinos constitute 1t3 of the county's population in the last decade. In fact between 1990 and 1998 the US census data reflects an increase in the Latino population by an estimated 46.8%, by 2040 Latino's will constitute 25% of the population in Contra Costa County. Therefore 1 am here to offer a very humble recommendation and that is that we request that your consultant convene a focus group with the members of the Latino Leadership Counsel. This suggestion is both timely and of great benefit to you as policy leaders as you consider the needs and interest of 2 this growing population. And on behalf of the Latino Leadership Counsel I would like to offer my assistance in that and also give you copies of the letter, for the record. Thank you Supervisor Donna Gerber: Great, Thank you very much our next speaker is Gene Wolf from the Walnut Creek City Counsel. Gene Wolf: If I'm a little incoherent in how I communicate, it is because we are very confused in what this hearing was in terms of which cable stations its dealing with. When I was the mayor back in 1993 in Walnut Creek I think we had Televents and after that came TCI and now today we have AT&T and back then in 1993 we were assured by Televents WC is divided into two TV stations we'd like to be like Concord is where the unincorporated areas of Concord are all under one cable TV. But in WC we have six, which covers most of WC except it does not cover Rossmoor or the surrounding area and so we have a split in our community and they have assured us back in 1993 this is being worked on and would take a couple of years but it just goes on from one company to another company. And I would life to know what are the problems. is it the money? I is that the main reasons why they can't make these. Or is it technical changes that they can't get these things together and I'd like an explanation from the TCI as to what is the real cause. Why it can't ever be done because 93 to 2000 that's 7 years you know, and if it is never going to happen why is it? Is it because of the cost involved so I'd like to find out how we can get the unincorporated areas —we have thousands and thousands of people in the unincorporated areas completely surrounded by our city limits within the city but they don't get six, they only get three which goes all the way from Danville — Martinez, they don't get our basic channel which covers 80% of WC. So we'd like to find a way in which the unincorporated areas within the boundaries of Rossmoor and Walnut Creek could all be together on one cable station, we do enjoy cable 19 which we all get everywhere we can get that easy But it a question of how do you integrate 3 and 6 into one common cable system. And I'd Like to find out what the reason is. Is it money or technical reasons which cost money or what and what can we do with our franchise agreement. Supervisor Donna Gerber: Thank you very much Gene, and 1 know that Pat Burke over here would be happy to discuss that question with you in the future. Next we have Julie Freestone —CC Health Services Julie Freestone: Hi, I'm Julie Freestone I do community education and public information for CC Health Services, and in that role I've had occasion to consider many times how to best get information out to members of the community who's primary language isn't english and as you can imagine it is a difficult issue. Contra Costa Health Services like other agencies lack the resources to translate everything we do into other languages. Even when we do have staff who speak those languages they are paid actually to perform other tasks besides translation and yet we have a compelling need to have everyone see and hear our important messages. This is especially frustrating when we know those communities we are not reaching are often the ones we most want to reach out to. The Latino community for example is the one with the highest rate of no health insurance and we have programs that can help them but often no effective ways to reach them with the message. Recently we were asked by some of our outreach workers who work with the spanish speaking community especially to take a look at strategies for improving the information that we get out and Dr. 3 Walker, the CC Health Services director, created a special committee to start looking at solutions, some of them short term some of them long term. CCTV has been very helpful in helping us explore the options. in the past CCTV has helped us produce materials about a wide ranee of health topics in english but they also lack the resources to ensure that there is spanish language programming and programming in other languages as well. We know that many people, whether they speak english or other languages get much of their news and information from television not from print media. Cable TV is a really important medium and we're blessed in this county with having CCTV which is the envy of many other counties. We feel that we have to work harder though to reach all Contra Costans and we hope that as part of the franchise renewal process which comes up so infrequently that you will encourage AT&T to work with local communities. Both to increase programming for non-english speakingresidents by committing more air time to programs and other languages on public access, government, and educational channels and also this is kind of a more cutting edge innovative idea but by supporting the production of local shows in other languages to air on those channels and also for distribution to commercial stations. We think that AT&T has a role to ploy in helping to coordinate the production of those programs. We should require AT&T to put resources into this community to encourage collaboration among the cable stations. This is a wonderful opportunity to open a new frontier in Contra Costa for all of our residents who are outside the information loop because of language barriers and we hope that we can take advantage of it. Thank you. Supervisor Donna Gerber: Thank you very much, next we have, -- actually we have two speakers from the Latino Media Committee Victoria Alvarado and Maria Mineer do each want to speak? Victoria Alvarado: Madam Chair and all of the supervisors thank you for this opportunity. I'm here because I am going to be asking you to please strongly support more language programming and spanish as the renewal for the franchises process occurs. What I'm going to provide you with, hopefully I will have enough time, I have some facts that I think are very important in making decisions such as who will be able to get these airing times that are very valuable. Let me start out with some thoughts and figures. The state of California has the largest population of Latino's in all of the United States. Texas is second. A lot of people don't know that there's just a lot of people who speak spanish who depend on spanish to get their information. Latino's constitute 113 currently of Contra Costa's population. It is estimated that this is going to just grow by leaps and bounds. Latino's are the largest ethnic group in Contra Costa County and the number is growing six times as fast as non-Latino's. By the year 2040 Latino's will constitute '/2 of the states population and 25% of Contra Costa's papulation currently close to 15% of the population is Latino's. By 2020 Latino's in California are expected to become the majority population. Approximately 50% of hospital births in California are Latino's. Latino's in the United States under the age of five are estimated to be...... well, it goes on and on. Latino's have the largest percent employed than the state average. What that means is that Latino's by and large are people who are paying into the system. They have the largest employment figure in the state of California. Latino's have the highest, just as the previous speaker shared with you have the highest percentage of being under health insured. By 1990 California's percentage of affluent Latino household was 39.4%, in other words this is a population that franchise people can look at as a marketable reachout to this marketable segment of the population. California population by 4 and large is young and healthy. Their are some diseases that affect Latino's like diabetes, but it's a buyable, it's a contributing population in Contra Costa County and I'm hoping that you will strongly support more language and spanish as franchises come up. Thank you very much. Supervisor Donna Gerber: Thank you very much, I am certainly glad I encouraged both my sons to study spanish. _. Maria Mineer: Thank you very much Thank you for giving me the opportunity to speak today. Dear Supervisors I am Maria Mineer I am a community health worker with the pre- natal care guidance program for Contra Costa County Health Services. And I have been participating in a group to improve access to carry any information to the Latino community in Contra Costa County. I'm requesting to you, the Board of Supervisors, support the establishment of an on going local county wide spanish speaking television program to inform and educate about health issues, programs and services. In the past month I have been collecting signatures among many others in the community and we reach out to more than 700. And it has been obtained from county residents to support this effort. It has been documented by the Contra Costa County Health Services that Hispanic Latino population has several areas of need of such accessed information about health issues and other issues that may have an impact on accessing those services, example, public charge that has been a big barrier on the Latino community to get access to health services for ethers. Despite the average effort of CCHS often times the spanish speaking Latino families fail to receive accurate information on topics relating to environmental concerns such as toxic substance release, pollution or pesticides. This is prevention such as diabetes, heart disease, alcoholism, violence prevention and access to care. Educational opportunities for general adults such as tutoring, college preparation, scholarships and recreational programs in the local cities. This general information is important to inform the Latino population about events that may benefit their families. We believe this is a critical time for the Board of Supervisors as a whole to address this issue by requiring local language access as a part of the franchise renewal with AT&T. It is anticipated of the numbers of Latino's living in Contra Costa County will increase with the result of the Census 2000 and the ability to access public television will be critical. In addition, the franchise renewal has implication on access to the internet more often than not; the Latino community has limited access to the internet via the library system. Mandated local spanish language television programs as apart of the franchise will improve the health of all the community. Thank you very much. Supervisor Donna Gerber. Thank you very much, we also have two people from Diablo Video Arts — Gordan Laughlin and Robert Rothgery do you berth want to speak? 5 Cordon Laughlin: Madam Chairman, the Board good morning. My name is Gordon Laughlin and Irive within Walnut Creek, please note the word "within". This refers to the large unincorporated island surrounded by the city as described by counsel member gene Wolf here a few moments ago. As you may conclude, the residents of this area known as Walnut Heights, have interest identical to the citizens of the city with the exceptions of things political. Over the past decade, I have had the pleasure of working on video production and while it has always been of a non-profit nature it has, l believe, been of value to the community. Diablo Video Arts was founded by a group of people from over most of the county and has been dedicated to spreading the message of worthy groups, clubs and organizations, both public and private to all interested people through the medium of cable TV. DVA' has worked informally for many years with the old TCI and was supported in part by the use of their facilities particularly in Walnut Creek and in Martinez. We have produced many hours of quality material and hope to continue this activity as a contribution to the entire county. We hope that a new community media center can be formed that would serve much of Contra Costa County if not totally. This could be done by connecting to all cable systems, consolidating the distribution of public service messages, conducting the training of volunteers interested in production work and assuring that the interests of individual cities and the unincorporated areas are protected. An opportunity is before us as a major change in communication continues to advance and the new and renewed franchises are approved. Such a media center appears to be possible and is likely to be the most economical path to provide the public access that we believe is so desirable. Thank you. Supervisor Donna Gerber: Thank you very much. Robert Rothgery: (See attached comments) Supervisor Donna Gerber: Thank you, next we have Douglas Dilldine Douglas Dilldine: Good morning, I come to you today to talk about public access, but I come to talk to you about it in the sense of the word access. I'm youth program coordinator for independent living resource, I've talked to you many times about other issues, but in all of the talk about public access, I support every speaker that has been here. On the 10% of the population that is disabled and the much larger part of the population that is comprized of seniors, they steed this access also and they need access not only to these forums but they need access to services that can be provided by Peg Access. Peg Access is a terrific opportunity for the government services, non-profit agencies, community based agencies and educational sources and resources to reach these under-served and under-represented, perhaps even invisible populations as the disabled community has been called. And I want to make sure that the Board of Supervisors is aware that in other communities in the United States there are multiple Peg channels sometimes 11 channels that offer multiple services and multiple programming to these communities, and to the community at large. And I would like the Supervisors to consider that when they consider a contract that is county wide and not just city by city. I my self cannot access these media centers, one because in Concord, which is the largest base of the city that has cable subscribers, there is no media center. And if I were able to go into Martinez, I would have to climb two flights of stairs to get to the equipment'. So that these centers are public access, I would Dope that they would be 6 accessible to people with disabilities as well. There is a wonderful program and l wish Supervisor Canciamiila were here because it is in his district. At Liberty High School where a group of teenagers who are in an ROP program who produce their own videos and they have to do it on a very, very small basis,but what they are doing is very important and people should know about it, and they should be getting the technical expertise that these media experts and centers that Mr. Rothgery and others have mentioned. So, I hope you will consider that in this negotiation process.Thank you. Supervisor Gerber: Thank you very much. Next, Clayton John Leander, Contra Costa Cable Needs Task Force. He will be followed by Berry Benioff from Contra Costa College. Clayton Leander: Goad morning Supervisor Gerber and Board. My name is Clayton John Leander, I served on the County Cable Task Force for the ascertainment process conducted by the telecom consultants, the Buske group. Incidentally I'm also a former director of Diablo Video Arts the community media organization which Robert Rothgery is now a head of. Currently I'm under contract with Monterey for their community media center, which has a collaboration of public, educational and governmental access all under one roof. They also benefited by the Buske groups involvement and I see exciting things on the horizon for Contra Costa County. One of the things I am concerned about is as referred to by the members of the Latino Leadership Counsel is the digital divide. We are looking at the deployment of broad ban and we need to increase the digital literacy and the access to these technologies to other segments in the community. I know that this board has approved having emergencies systems in multiple languages and they should not be limited to emergency systems but rather to other public information. My grandmother is Cuban American herself, while she is a great American and went through the whole process and has lived here for 40 years. A lot of the services that would be of benefit to her are better served into her native language rather than trying to translate the technical english to her. The deployment of broad ban is offering increased opportunities with E Commerce, distance learning and basically, community self awareness by offering public access forums where members of the community can engage in forms of self expression and in 1$t amendment exercises. In the up coming cable franchise, I would encourage this board to support the idea of partnering a community media center with the likes of Centra Costa Television a regional occupational programs and other forms of media. My recommendation is that this board might want to consider retaining the consultant throughout the next five years to assist with the franchises in the east county area as well as with the west county area. This current franchise_agreement, though it is being centered with the partnering of the cities in central county they are going to took at the conclusion with the franchise pretty soon but we need to make sure that these other areas are also well represented. Thank you. Supervisor Donna Gerber: Thank you very much, next Berry Benioff, Centra Costa College. Berry Benioff: (See attached comments) Supervisor donna Gerber: Thank you very much, next we have Francisca Derado, Centra Costa Latino Leadership Counsel, Co-chair Health and Community Services Committee. 7 Francisco Dorado: Thank you for this time. I just went to read a short letter I wrote to you. This letter is in supportive of increase in the number of Spanish and other non-english language programming for our local cable televisions by increasing the number of Spanish language shows we could potentially impact many households who would normally not have knowledge of social and health services available to the public. For example, in my day job, I coordinate outreach enrollment of the healthy families and medi-cal insurance programs for children and pregnant women. My biggest obstacle is that many people don't know that this program exists and they maybe eligible for it. Once an individual knows that they are eligible for this program, they are happy to apply and are grateful that I informed them of this existing service. I'see increasing the diversity of our local public access channel as a step in the positive direction for improving the well being of all Contra Costans. In other words all people living in Contra Costa benefit when scarce resources are not over utilized. For example a family who does not have health insurance for their children could learn where to sign up for exempt for healthy families in their nativelanguage through local cable shows. Many of us who speak english sometimes forget that in this information age that there are many people left out because they don't speak english. Having local cable channels in languages other than english could potentially reach tens of thousands of families who are left out of our current format. In addition, this has a great impact on the resources available to our county. For example, when a family has health insurance like a regularly visiting health professionals and have their needs met they no longer have to wait for emergency rooms to be treated for asthma. They no longer have to wait for their Childs ear infection to get so severe that they have to run to the nearest emergency room. This could decrease the number of visits to the emergency room and increase the quality of life for the individuals in addition, saving the tax dollars by providing less expensive forms of health-care to these families who would now have health insurance if they knew that these programs existed. The ER should not be the place where the traditional family practitioner uses to provide services. Local TV can help in disseminating this important information. Another common occurrence that I see is pregnant women who do not get prenatal care because they do not know that they legally qualify for medi-caid or afraid of applying because of the possibility of losing becoming a citizen. There are many misconceptions and unfortunately there is not enough people to do outreach and educate our public. For example just the other week, I had a client who had delivered a child and was bom premature'because she did not have prenatal care and she was forced to take her child to Children's Hospital in Oakland and now she is stuck with tens of thousands of dollars in bills. For this reason I encourage the Board of Supervisors to include Spanish language and other non-english language broadcasting as a mandatory part of the contracts with AT&T Thank you. Supervisor Donna Gerber: Thank you very much, last we have Joseph Partanski of Concord. Joseph Partanski: My name is Joe Partanski, and your functioning in a context of what you are being told that you cannot control the content of the general cable franchise and that is probably correct. And from the standpoint of things that are happening in the forefront that you can influence, I think you can influence because you have a contract with consultants you can influence the request that you've had regarding the Latino Coucus requesting a 8 Latino focus group which was not part of the existing and your contract and the provider has not produced an interim report probably you could still have time to have a Latino focus recommend that you try to modify your request by the contract to have such a Latino focus group. l would like to be able to have Spanish language materials produced locally on public access before my children and other children so that they have a chance to have that activity and the idea of public access is not the same thing as the government access CCTV we are trying to extinction that you can produce local things. So, for example in North Richmond, the North Richmond Mac could possibly talk-to the Richmond Peg contractor and actually have a coop of activity, right now my understanding is because of the nature of the circulation and the distribution there is no interface of any significance. So if you have your media centers developed in the activity that we need to be aware of they need to have interface and activities for local production. The other thing is that you have an opportunity to dove tail with the State of California Public Utilities Commission which is now starting hearings on the ethics and the activity with the state of California can have with the FCC and your own cities. You may not be aware that as of February 3rd, there was an order to have hearings on what are some of the ways that can provide guidelines from the state on cable and telecommunications and broadban and they also want to also include wireless so I urge you to fallow that activity going on at the state level. I also urge you to consider that in the contracts, if the telephone communications activity is broader than just cable that includes potential phone and internet activity that the idea of a life line for the disabled and other persons who are handicap like we have for the phone company be included or considered as a mandate by your activities with your cable companies that you influence. And that if all possible the cities and the county think about the life line for the disabled in that area. Also, San Francisco has recently gone through a large number of review of its telecommunications of policy and its reports suggest that you strongly have in appreciation that cable is no longer just for television, it includes data telephone activities and you can have some influence in that like a life lane for the disabled. I urge you if at all possible to have an on going rather than an adhoc cable committee of the county of Contra Costa like San Francisco so we can talk about the integration and the interfacing and the inter relationships not just the old fashion cable activity. 1 urge you to have the focus group if at all possible and besides that when you have your contract proposal you are sole source contract with AT&T unless you get involved with the Serren groups. If at all possible could you please inform the public with your beginning basis proposals with AT&T and allow the citizens by you having a consent item every two weeks, during negotiations a summary report so that in case you want to have input in that negotiation and the public can have some input that you have it available at least in the public like a consent item report from your negotiators with the involvement of the public and an on going basis, Rather than just getting talked about. I strongly urge that activity and hopefully a 'long term commitment to television policy and possibly advice and consent. Thank you. Supervisor Donna Gerber: Thank you very much and thank you to all the speakers who shared their input with us. Mrs. Burke could you give a time line for how long the negotiations process will go on. Pat Burke: It's our hope that we will have all this input back to the consultant in the next week or so, and that we will be getting a draft report from the consultants compiling all the phone survey data, the public hearing data, the focus group data by the end of April. After 9 we receive that report than a draft agreement will be drawn probably some time in May for review by all the jurisdictions. I have distributed it usually internally to staff and: county counsel and then negotiations would probably begin some time in the summer. Supervisor Uilkema: I would like to ask a question about the focus groups, you've indicated that you've had 10 focus group meetings have any of them been involved with the Latino Coalition? Pat Burke: We did not specifically have one for the Latino Coalition we had several in different areas of the county that were for education, for public agencies, any kind of non profit agencies, schools, and the public was invited, it was published in the newspaper, invitations were sent out by the ten cities as well as by the county. Supervisor Uilkema: To continue along, have the discussions included the community media center at all? Pat Burke: If it was introduced by the community the intent was just to draw from the community their needs and interests and so, yes, I'm sure that that issue was raised in several of the focus groups from the community because it is an issue that I've talked to several people about. Supervisor Uilkema: I would like to learn more about that and what it would entail and what the county's role would be in that. And last but not least, I would mention that this is really for my fellow supervisors, some time ago, I believe we were all given a video on a workshop for cable franchising and it was a copy of a video of one of the cable TV legal presentations. I don't know whether everyone received it. Pat Burke: Not everyone received it, what happened was the consultant asked us to have a couple of people from each of our boards come who had a particular interest in the topic that we could brief about the process, the renewal process. Supervisor Uilkema: Well, it was absolutely marvelous I have watched it and it was really an education. And if the board members who have not received it could, I think it would be a valuable tool when we approach this subject. It was very well done. Supervisor Gloia: Just a brief comment. I know we are going to get a product back and we are going to have further discussion of this issue after you continue to have more focus groups but I think one of the things that's important to try to focus on is you do outreach as we have an opportunity to utilize cable services and broad ban services in a way that brings a lot of communities into the internet that previously have not been users of the internet many communities and as we look at— I would Like you to identify the kinds of groups that we would io need to look at to continue to work with. I mean Vice President Gore did identify the bay area as an area to focus in terms of bridging the digital divide and one speaker did refer to that. And there are many people who have cable services who now for the first time as the services become more complex and more advanced can potentially utilize the internet through television in the future that is not too far off and for people who cannot afford computers who may have a TV and have cable service all of a sudden have access to the internet. And so how we can work with those groups who traditionally have not utilized the internet and obviously if many are low wealth communities, and some of them are in this county, so I'd like us to look at that as we do focus groups because it is a change Supervisor Gerber: we have a motion and a 2r on the table, all in favor, opposed passes unanimously, thank you again for all the public comment and as we move forward on the process, I'm sure that we will be pulling together these issues for consideration and negotiation. Page 1 of 2 From: Robert Rothgery erfrothgery@earth link.net> To: Patricia Burke <pburk@cctv.co.contra-costa.ca.us> Date: Monday, April 03, 2000 2.35 PM Subject: AT&T Public Hearing/Rothgery/DVA Statement Statement of Robert Rothgery and Diablo Video Arts to the Contra Costa Board of Supervisors April 04, 2000 Good morning. My name is Robert Rothgery and I am the Director of Diablo Video Arts. DVA is dedicated to the furtherance of new media on a community level and has been working toward that goal for the last nine years. I would like to speak with you today about value. The future of telecommunications is one of lower costs and increased opportunities. Cable is no longer just television, its a cornucopia of valuable services that includes telephony and Broadband Internet Access. As you begin the process of negotiation with AT&T, you do so with an increased awareness of beneficial services available, some prescribed by law. These are a just compensation for cable's increasingly profitable access to our citizens through the public right of way. These services include INET, a pure fiber LAN linking numerous government, educational and some non-profit agencies in a high-speed communications loop. Another valuable service is PEC access. Ideally PEG access takes advantage of local skills in a combination of government, educational and community programs In Santa Rosa, there is an organization called a community media center. This organization is the locus from which a myriad of programs are produced by all sorts of organizations. It is an independent NPCP that earns its funding by providing advanced telecommunications services at a substantial cost savings. I believe one of the keys to exacting the maximum value from franchise negotiation is to obtain and agreement with AT&T Broadband to finance the capitalization and operation of a multi-city community media center. This organization should be an independent non-profit corporation managed by community leaders, and telecommunications experts. Such a redia center would provide economical Government, Public and Educational media services. These would include education and training tools for city agencies and educational institutions. Educators will find a facility for distancelearning that integrates computing, the internet and community television to teach - and to especially teach the poor. And, the public gains a digital voice for NPOs, the arts, public relations and the like. A community media center would have a special relationship with CCTV. At present CCTV is an excellent venue for government and educational 413/00 Page 2 of 2 programs. CCTV, however steps short at the public portal. The presence of a community technology center would open a useful pathway for expanding the audience of excellent programs through professional referral to CCTV. There are many other ways possible, but most importantly a community media center would augment and not displace CCTV. Nor, should CCTV be permitted to displace a community media center. Diablo Video Arts has a mission that has not changed in nine years. We desire a community media center that serves its constituencies with pride and professionalism. We desire a place that welcomes people and nurtures their growth. We foresee an agency that helps government users maximize the potential of CCTV. And for educators a facility that flawlessly manages the telecom and video traffic that accrues to their program needs. Part library, part education center, and part public forum. A public media center will be worthwhile just for the dollars it saves. But, it will be valuable because each citizen will have a better opportunity to know what others are doing. The future is right now for you. Please plan the development of an independent community media center an help build a better digital infrastructure here in Contra Costa County. Thank You. 4/3/00 CONTRA COSTA COLLEGE Honorable Members of the Board of Supervisors: My name is Barry Benioff and I'm the Video Production Engineer at Contra Costa College. I'm here today to ask for your support for educational television in the County. Contra Costa College has been broadcasting television courses, or"telecourses," for overl0 years. We primarily use one of the City of Richmond's channels but, for 14 hours a week, we also broadcast on CCTV, the County's network. Our telecourses are just as rigorous as other college courses, are for unit credit and, are fully transferable to four-year institutions. The - television programs that form the basis of these courses are of high quality and are of interest to a wide audience, not just enrolled students. Today, Contra Costa College averages 10 telecourses each semester, and we serve nearly 1,000 studentseach year. Some examples of programs include: • An anthropology course which explores a wide range of different cultures • A health science course that not only looks at diseases, but considers lifestyle choices in diet exercise and stress management; • An ethics course that considers such questions as the responsibility of the press and whether soldiers should follow orders that violate international conventions; and Is A political science course that looks at the functioning of government on the federal, state and local levels. Contra Costa College is also using our channel for live, interactive teleconferences that are primarily aimed at high school students and special populations: In the last three years we have held 35 of these conferences on topics such as AIDS prevention, services for special-education students,'financial aid for college, issues facing immigrants, and teen pregnancy. Approximately 300 viewers at six high schools and four community sites, and a sizeable number of home viewers, participate in these teleconferences. The only way that we will be able to continue showing these programs is if educational channels are again provided for in the new franchise. These channels could serve not only our needs but those of other educational providers, such as Cal-State, Hayward, the K-through-12 schools, and adult education. Besides channel capacity, the educational providers need the facilities and equipment to get their programs onto the cable system and to produce taped and live, interactive courses. Some of our equipment, for example, is more than 10 years old, and is Madly in need of repair or replacement. Also we rely on older microwave technology when fiber-optics would be much:more reliable. In closing, I would like to stress that our experience with educational programming has shown it to be a valuable community resource. I would like to thank you for your support in the past, and thank you for letting me speak here today. 2600 MISSION BELL Ga►vE, SAN PABLO,CA, 94806 (510) 235-7800 CONTRA COSTA COLLEGE IS PART OF THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT � ; r C' 3 i_! 4 CONCORD CITY COUNCIL 5 6 7 RF : CONSIDERATION of community needs for cable 8 television services an connection with Caty' s 9 franchise renewal negotiations . Report from 10 Assistant to the City Manager Peter Dragovich 11 12 13 14 15 REPORTER' S TRANSCRIPT OF TAPE RECORDED PROCEEDINGS 16 17 18 f 19 Transcribed by VIRGINIA E . BENTLEY, a Certified 20 Shorthand Reporter, License No. 2743 , 21 State of California 22 23 April 11 , 2000 24 25 - wcOo-- - —.. _. —..l Certified Shorthand Reporter; 2321 Stanwell Drive • Concord,CA 94520-4805 I2 P)RnTiG SE MCE INC. I P0.Box 4107 , Concord,CA 94524.4107 (925)685-6222 • Fax 19`13)683-352,9 1 2 VICE-MAYOR HOFFMEISTER : Now I ' m moving along. We 3 neat have our consideration of the community needs for 4 cable television services in connection with the city' s 5 franchise renewal negotiations . We have a report from 6 Mr . peter Dra.govich. 7 Thank you. 8 MR. DR.AGOVICH : Vice-mayor Hoffineister, members 9 of the council , AT&T holds cable television franchises 10 with approximately 90 percent of the cities and counties 11 in the Bay Area . 12 In central county, AT&T holds cable television 13 franchise with all of the cities in central county and 14 for Concord that is the cable television franchise 15 formerly owned by TCI . AT&T purchased TCI . 16 Those franchises in central count are coming up 17 for renewal in the next few years and the cities and the 18 county and central county have formed a consortium to t 19 process the franchise renewal according to federal 20 regulation. 21 And the eight cities .involved in this consortium 22 include Clayton, Danville , Lafayette, Martinez , Moraga, 23 Orinda, pleasant Hill , Walnut Creek, Contra Costa County 24 and Concord. 25 And approximately a year ago the council approved sem,, 1 Certified Shorthand Reporters :�,8I2t Un Ii9i 2 2321 Stanwell Drive • Concord.CA 94320-4808 REPORTING$EF2'V'ICE.INC. ' RO.Box 410;• Concord,CA 94324-410; (925)685.6222 . Fax(923)685-3829 1 Concord' s participation in that process by hiring the 2 consultants Miller & Van Eaton, a nationally recognized 3 law firm, and the Suske Group, cable television 4 Consultants . p 5 And the scope of work for that effort included 5 needs assessment and a community input plan which I ' ll 7 describe in a moment . 8 Also a review of a model telecommunications 9 ordinance and to develop a negotiation strategy and to 10 implement the negotiation strategy and together with 11 those four phases , the consultants are also doing an p 12 in-depth technical review of AT&T' s cable systems in 13 central county. 14 Regarding the needs assessment and the community 15 input plan, last summer a task force of 50 residents was 16 formed in central county which also spawned a number of , 17 I believe , 10 focus groups which had 150 participants . 18 Invitations were sent out community wide for 1 anyone who would want to participate in those focus 20 groups and information was collected through those focus 21 groups and also through telephone surveys and through I 22 the task force on two critical areas . 23 one is the past performance of AT&T and the other 24 is to determine the community' s future cable related 25 needs and interests . Certified Shorthand Reponer� 3 2821 Stanwell Drive • Concord,CA 94320-480� P.D.Box 4107 • Concord,CA 94524-410 (925)685-6222 • Fax(925)6,83-3S`?z; 1 So we' re looking both at past performance and 2 then to consider the renewal of the franchise, what 3 services does the community need in a future franchise 4were the cities to renew the franchise . 5 Federal law does limit the local ability to 6 address several issues and one of those is you have to 7 receive requests for specific channels , why can' t we 8 have the history channel , the golf channel , et cetera, 9 whatever it may be . 10 Federal regulation does allow cities to prescribe 11 certain categories of broadcasting such as drama or 12 sports or news, but not specific channels . So we are 13 limited in that regard . 14 I ' d also pont out that rate control , the rates 1s that residents pay for cable service is highly regulated 16 at the federal level and, in fact , is being phased out . 17 Right now rate regulation exists on the basic 18 tier, approximately Channels 1 through 25 in Concord, 19 but that rate regulation will go away completely as soon 20 as there' s competition in the marketplace which will 21 come shortly Seren Innovations beginning to sell service 22 to the community. 23 ' But there are areas that the community can have 24 great impact on through the franchise renewal process . 25 ' One is the quality of the broadcast signal or UIL6 � Certified Shorthand Reporters 4 2321 Stanwell Drive • Concord,CA 94320-480,1 REPORTING SERYICE.INC. po.Box 4107 Concord,CA94524-4107 (925)685-6222 • Fax(925)655-3529 I reliability of the signal , the other is customer service 2 standards in all phases of operation of the cable system 3 and also construction standards and placement of } 4 facilities in public rights-of-way and also provisions 5 for community programing, local interest programing, 6 what are typically received to as the PEG programing 7 channels and there are a number of other areas that are 8 described in the staff report that can be dealt with 9 through the franchise . 10 I believe there are people here this evening that 11 are here to address this issue and I would point out 12 that there' s no action that ' s being requested of the 13 council this evening . This is an open hearing, an nit r the communis to come forward and 14 opportunity for y � 15 express their views . 16 We have received from residents who are unable to 17 attend that evening 13 E-mail messages and five letters s 18 which I ' ll give to the clerk to enter into the report . i9 VICE-MAYOR. HOFFMEISTER : Thank you . Any 1 20 questions of Mr . Dragovich? 21 Seeing none, I will open the - -- this is really 22 - comment , it ' s not really a hearing, but our first 23 speaker will be Barry Benioff followed. by John ©wen . 24 MR. BENIOFF : Madam vice-mayor, members of the 25 council , I ' m Barry Benioff . I ' m from the Contra Costa Certified Shorthand Reporters i8t2t' t�►fE g' 5 2321 Stanwell Drive • Con(ord.CA 94520-4808 REPORnNG SEMCE.1 C. P.O.Box 4107 • Concord,CA 94524-4 107 ' (925)685-6222 • �ti(923)685-3820 1 College . I ' m the video production engineer there and 2 I ' m here because Contra. Costa College is a major user of 3 educational television in the county. 4 We have over a thousand students each year take 5 courses through television telecourses , and so, well , 6what is this carpet bagger from over the, hills doing 7 over here in Concord? g For one thing, we knew that some have our 9 students live outside of west county. We estimate that about 10 percent come from outside of our area . 11 For another thing, our sister college , Diablo 12 valley College is right here and they serve about 300 13 ' students a year by telecourses . 14 And also, you know, Madam Vice- Mayor, the 15 educational programmers of Contra Costa County have been 16 meeting together over the last year and a half to talk 17 about, educational programing to stress that we' re all 18 supporting it . 19 These include Cal State Hayward, the K through. 12 20 schools , the adult education schools . We all have needs 21 for educational television . 22 Besides the courses that we give, and these 23 courses that we give , they' re regular college classes 24 and we primarily aim them at adults who want to get a , IS 25 degree . They quite often go on to a four-year school , g i Certified Shorthand Reporters OnO 6 2521 Stanivell Drive • Concord,CA 94320-48OS REPORTING 5E121710E.INC. PO.sox 4107 • Concord,CA 94324-410`e (925)583-6222 • Fax(923)683-3529 1 like Hayward. 2 They' re also for people who cannot leave their 3 homes because of they have a new child, they may have 4 limited mobility, so this is a great service to the 5 community. 6 But besides just these courses, we also have 7 conferences . These are lave interactive conferences . 8 We primarily aim these at the youth in the community, 9 high school students where they can call in and talk to 10 our experts on such topics as AIDS prevention, services 11 to immigrants . 12 Right now we' re working on a project for May 4th 13 that will be about the importance of having a father in 14h t e home when a teen mother gets pregnant . i5 1n order for us to be able to continue this king. 16 of programing, we need the channels, the. REG channels 4 17 that the Vice - - that Mr. Dragovich talked about . We 1 i 15 need the channels , we need the facilities and equipment 19 to produce those programs , to get those programs to the 20 cable head end. 21 And this is something that the franchise does 22 allow you to negotiate for with the cable company and, so 23 1 urge you to do that . 24 But with the advent of the Internet , a lot of 25 things have changed . The way that courses can be given IL.rte,, a Certified'Shorthand ReUon r L3►[1 '7 2321 Stanwell Drive •Concord,CA 94520.480,- E: RTING SEMCE.INC. PO.Bok 4107 • Concord.CA 94524-4 i0` 92:x`685-622 { ) ^_2ri ( � 2 • fay 92:i 54 3��_ 1 now, the whale courses can be given over the Internet 2 and even teachers of regular classes, and this is at the 3 high school level , they' re using the Internet to provide 4 supplemental material for their is classes, so I urge 5 you also to support the maximum amount of Internet 6 service that ' s available through the cable providers . 7 As the cameras here indicate, you' ve been a big 8 supporter of government television and I think that 9 educational television and public television is part of 10 the same package . It ' s to increase the voices in the 11 community, to increase: knowledge in the community and 12 ultimately to promote democracy. 13 Thank you very much for letting me speak today. 14 VICE-MAYOR HOFFMEI TER : ThankY ou . Our next 15 speaker is the Mr . John Gwen to be followed by Craig 16 Elliott . 17 Mr . Owen? 18 MR . OWEN: Madam Vice-Mayor, council members, I ' m 19 not used '.o talking in public since my illness, but I ' m 20 here tonight because of two reasons . 21 One , I just recently, as they say, upgraded my 22 cable service, quote-unquote . A few things were not 23 told to me when I purchased the service . 24 Number one was I had to have a new telephone line 25 put in my house . Number two, that my system that I had _ Certified Shorthand Reporters 8 2821 Stanwell Drive • Concord,CA 94520-4808 REPCJRIMiG SEMCE.INC. YC.Box 4107 • Concord,CA 94324-4107 (925)683-6222 + Fax{923}683-3821) 1 in my home at that present time would no longer be 2 available once it went out of m house because - - I of Y g 3 really frustrated. 4 As a matter of fact , I didn' t know who to call 5 and I called the city and got ahold of Mr. Dragovich and 6 he listened to me, at least . 7 But I was told I could have - - because Iof very Y 8 frustrated because I couldn' t figure out how to make it 9 work for me . I had a problem with it . 10 And then I was told no, you can' t come back to 11 the old system, you know, the old HBC?, you know, just a 12 few channels that I had because it ' s no longer available 13 in Concord. Well , no one told me that . I4 And then no one also told me that you could no 15 longer put your VCR on because your VCR no longer works 16 unless you have a digital VCR now, that they -- - you can. 17 no longer like - - okay, I ' ll admit it . , I ' m a soap opera era 18 freak and when I ' m gone to my doctor' s appointments or 19 whatever, I like to record one on Channel 7 , and then 20 one that comes on Channel 4 , and to and behold, the new 21 system won' t allow that to happen . 22 1 don' t know why. It worked on the old system . 23 But , you know, you' d think with all this new technology 24 they would have figured it out by now, how to make 25 things work, but they haven' t . Certified Shorthand Reporcen� A.i�+'�I�t�C3mlia ! 9 2321 Scam,=ell Drive •Concord,C.4 94323-4816 REPORTING SEMCE.INC. i P.O.Bok 4107 • Concord,CA 94524-4107 (923)683-6222 + Fax{923)683-3S°f, And then we got our first bill . Well , our first is 2 bill was way the heck much lower than what the heck they 3 told, us it was going to be, so, thank God, I have a very 4 sweet and wonderful, intelligent wife who knows what the 5 heck to do with these people . 6 ,She got on the phone and she got them talked into 7 them and to and behold, they kind of messed our bill up . 8 They kind of overcharged us by about , oh, $60 . 9 And I ' m really frustrated with AT&T . You can 10 call it AT&T, you can call it TCI , you can call it 11 € whatever you want . They' re all the same thing . 12 And we' re hostages here . We' re being held 1.3 hostage by AT&T because if you don' t have AT&T, well , 14 thank God, we' re getting this new company coming 15 through, but I feel like I ' m a hostage and I have to pay 16 whatever the heck they tell me I got to pay and that 1.7 really, really frustrates me because they - - you know, 18 I ' m a limited income . I ' m disabled, but yet they can 19 tell me how much money it' s going to cost me just to 20 have my cable in my house . 21 And I just really got so frustrated and I want to 22 say one other thing. I wish the city would put in their 23 little newsletter that they all send out to us things 24 like getting ahold of Mr . Peter over there , you know, 25 and say, okay, if you' ve got a problem with blah blah, CerE f"ied Shorthand Reporters 10 2321 Stanwell Drive • Concord,CA 54520-4808 RE RTING 5 � . P.O.Box 4107 • Concord,CA 94524-4107 (925)685-6222 * Fax{925}685-3829 1 call so and so, you know. 2 I think it would be a lot simpler to do it that i 3 way instead of me calling the city hall, talking to a F 4 secretary who sends me to another secretary who sends me 5 to another secretary who finally Puts me to the right 6 person . 7 So I just wanted to kind of let you guys know 8 that , you know, there' s some of us out here that really, 9 really, really, really do not like the cable service we 10 have in this city. 11 Thank you very much for listening to me . Have a 12 good evening . 13 VICE-MAYOR HOFFMEISTER : Thank you . Mr . Craig 14 Elliott? Okay. The next speaker we have is Mr . Rooery 15 Rothgery. 16 MR. ROTHGERY : Good evening. Vice-Mayor 17 Hoffineister, council members , my name is Robert Rothgery 18 and I live in Concord at 151.5 West Street . I ' ve been 19 involved in community television for 26 years . ; 20 Currently I am the director of Diablo Video Arts . 21 Diablo Video Arts is dedicated to the furtherance of new 22 media on a community level and has been working towards 23 that goal for nine years . 24 Our most recent project was the program Eye on 25 Cable which the city graciously played on Channel 25 s Certified Shorthand Repone,a 2322 Stanwell Drive • Concord,CA 94520-480,- REPORTING SERVICE.INC. P.O.Box 4107 • Concord.CA 9452-4-4',07 (925)6685.6222 Fax,925;685-3829 I prier to this hearing. 2 I would like to speak with you this evening about 3 value . The future of telecommunications is one of lower 4 casts and increased opportunities . And we' re all aware 5 that cable is a cornucopia of valuable services that 6 includes such things as telephony, broad brand Internet 7 access as well as many channels of television. 8 As you begin the process of negotiation for our 9 city with AT&T, you do so with an increased awareness of 10 the beneficial services available to cities , some 11 l prescribed by law. 1.2 And I believe that you' ll also find a significant 13 local desire to put these tools to work for Concord and 14 other surrounding cities . The dollars that the cable 15 companies pay and the services that they provide are a 16 just compensation for the increasingly profitable access 17 that cable companies have to our citizens through the 18 public rights-of-way. It is a fair rent . 19 The services that are offered to us .include the 20 institutional. networks , I-Nets, pure fiber local area 21 networks that links government , educational and some 22 nonprofit agencies in a high-speed communications loop 23 that saves money. 24 Another valuable service is PEG access . Ideally, 25 PEC, access takes advantage of local skills in a Certified Shorthand Reporters 12 2821 Stanwell Drive • Concord,CA 945201-4805 5R[E�PVRTING SEI2I�TCE.INC. P.O.Box 4I0Concord,CA 94524.4107 (925)685-6222 • Fax(923)683-3829 o v i combination � government ,, educational and community 2 programs . 3 In Santa Rasa there ' s an organization that does 4 just that . The Santa Rasa Community Media. Center is the 5 locus from which a myriad of programs are produced by 6 all sorts of organizations . 7 It is an independent non-profit organization that 8 earns its funding by providing a vast telecommunications 9 services at a substantial cost savings . 10 Now, let me explain what I mean by advanced 11 savings at a substantial cost savings . Advanced 12 services . Those are wards that should not be used 13 really casually. 14 The three groups served by PEG community each 15 have different needs . City agencies need a facility 16 where they can work in a professional environment and 17 from such a base, a wide variety of educational and 18 promotional materials could be crafted for use by the 19 cities both internally and externally. 20 Government users tend not to be interested in 21 making their own television programs as much as they are 22 in terms of getting things professionally produced that 23 they can use . There ' s more focus on results in the 24 government users . 25 Educational users tend to want to produce as much ---�+�r,� ,�y, Certified Shorthand Reporters 7..E+8ndolmlia 13 2321 Stanwell Drive • Concord,CA 94520-480S REFC1�"NG SERVICE.IVC. P.O.Box 4107 •Concord.CA 94524-4 i0 (925)683-6222 • Fax(925)5S3-952r 1 as possible in-house, in their own schools . Often they 2 will turn to students as production crew. 3 I teach television production at Ike La Salle High 4 School, and we have quite a production team over there 5 that produces a wide variety of video product . 6 The biggest need of educators .besides equipment , 7 of course, would be transmission accuracy. More than 8 anything else, educators need to have accurate and 9 timely transmission of programs . 10 Educators will find a facility for distance learning in a community media center that integrates 12 computing, the Internet and community television to 13 teach and especially to provide learning and resources 14 for economically disadvantaged people . 15 The best teaching for the economically 16 disadvantaged is stall over television rather than over 17 the Internet because we have this thing called the 18 digital divide . It ' s quite real . 19 The public gains through a public media center a 20 digital voice for non-profit organizations , the arts , 21 public relations and the like and by providing just a 22 little bit more than just a friendly place with some 23 nice equipment that actually works, many people will use 24 a public media center and put it to very goad use 25 because they' ll become the heart and soul of that e ,_ Certified Shorthand Reporters 14 2323 Stanwell Drive*Concord,CA 94520-4804 REPORTING SERVICE,INC. P.o.Box 4107 • Concord.CA 94524-410; (925)685-6222 . Fax(923)683-3829 1 organization. 2 For them the center will provide the equipment 3 and wherewithal to shoot and edit programs with great 4 ease . 5 One of the problems with community media over the 6 years has not been in making the television, it ' s been 7 in editing it . 8 Nowadays , that question has changed completely. 9 There' s boxes that look like VCR' s that you can check 0 out from a library that you can take home and edit a 11 television program that looks as good as anything the 12 broadcasters can do . 13 1 believe that one of the keys to exacting the 14 maximum value from franchise negotiations is to obtai.n 15 an agreement with AT&T broad band similar to that 16 negotiated with Seren Innovations to finance the 17 capitalization and operation of a multi-city community 18 media center . 19 This operating and managing organization should 20 be an independent nonprofit corporation managed by 21 community leaders and telecommunications experts as in 22 Santa Rosa and many other areas . 23 This organization should be immediately tasked to 24 seek, seek its future funding from a variety of new 25 sources , not just the rent paid by cable providers . ;;r Zandonella . Certified Shorthand Reporrer, 2321 Stanwell Drive # Concord.CA 94520-4 808, REPORTING SERVICE.INC. PO.Box 4107 * Concord.CA 94524-4107 _J (925)685-6222 - Fax(925)6S5-3829 I Diablo Video Ants has a mission that has not is2changed in nine years . we advocate a community media 3 center that serves its constituencies in pride and 4 professionalism. 5 We desire a place that welcomes people and 6 nurtures their growth . We foresee an agency that helps 7 government users maximize the potential of cable 8 ' communication and for educators, a facility that 9 flawlessly manages the telecommunications and video 10 traffic that accrues to their program needs . Diablo Video Arts is a group of people who also 12 realize that amid all of the techno babble, there needs 13 to be some humanity. How does an event in the heart of 14 a speaker become an event in the heart of a listener? 15 How can dancing images empower us to release our fear of 16 the unknown and how can words on a page or a screen or 17 in the skies change people' s lives? 18 These issues cannot be resolved by camera lenses 19 or DVD' s or time base correctors . These are issues that 20 are part of the colloquy that is yet to be and these 21. issues are part of the images yet to be transmitted . 22 Part library, part education center and part 23 public forum, a public media center will be worthwhile 24 Lor the dollars it sages, but it will become valuable 25 because each citizen will have an opportunity, a much ( x Certified Shorthand Reporters r�r , amdorw is 16 2521 Stanwell Drive - Concord,CA 94520-4SOS REPC7IMNG SERVICE INC. P.O.Box 4107* Concord,CA 94324-4107 (925)683-6222 * Fax(923)685-3829 I better opportunity to know what ethers are doing . 2 Now, the future is ripe . It ' s here right now. ; 3 Please, council people , plan for the development of an 4 independent community media center and help build a 5 digital infrastructure with real heart right here in 6 Centra Costa County and the citizens will do the rest . 7 Thank you very much. 8 VICE--MAYOR HOFFMEISTER: Thank you . If you have 9 written comments as well , you may give those as well to 10 Peter Dragovich so we can maybe include them in the. ` 11 order . 12 Our last speaker, the last card I have at this s Jo i 13 time e Partansky.a tansky. Mr . Partansky. Goad evening 14 again . 15 MR . PARTANSKY: I name is Joe Partansky. I ' m a 16 citizen of Concord, a member of the American 17 Telemedicine Association and somebody used to be the 18 manager of a media center for a large hospital in P 19 Los Angeles for a number of years . 20 Concord needs a public access , not just the 21 current city government Channel 25 , public access for a 22 music box and for a soap box . i 23 In other words, cultural events and political 1 24 First Amendment free speech, a real public access 25 channel . Citizens need more opportunities to discuss Certified Shorthand Reporter, � 1 17 2321 Stanwell Drive ,Concord,CA 94520-480S REPC.3RnNG SEMCE.INC. P.O.Box 4107 Concord.CA 94524-4107,, (92d)65--6222 . Fax(925')635-382�1 I and share local issues . 2 The city council would benefit by more than 3 three-minutes presentations reflecting on the whole 4 city' s agenda. . And since the city agenda is created. by 5 the city manager and department heads, i . e . , the 6 executive branch, if the city is to become an 7 E-government , it needs to embrace the public education 8 and access as well as government access . 9 Government access can improve the city by the web 1.o site by rolling currently existing Channel 25 events and 11 a calendar so that we can look at the Internet and say, 12 hey, what ' s on the public channel? What ' s Concord 13 sponsoring, what have you . 14 Right now there is no Concord city calendar on 15 Concord' s Internet site . It would be kind of nice to 16 have that and a rolling banner so you know about 30 days 17 ahead of time , if at all possible . 18 The - - we know if you read the paper sometimes 1.9 that there is a city council meeting, but wouldn' t it be 20 kind of nice to know and have that confirmed as well as 21 having the ether planning and other sessions that may. 22 not be listed. there , i . e . , for example , the police and 23 other programs on Channel 25? 24 E-government needs to include the neighborhoods 25 and give black grants to create neighborhood programing t" Certified Shorthand Reporters { � 18 2821 Stanwell Drive - Concord,CA 94520-4806 SERVICE. PO.Box 4107• Concord,CA 94524-4107 REPORnNG (925)685-6222 • Fax(925)683-3829 1 on public access . 2 Somewhere along the way, something that happened 3 today regarding the Community Services Commission' s 4 report and the funny, what have you, should be available 5 to community, neighborhood associations , neighborhood 6 groups to create and support public access and public 7 programing of local activities here in Concord . Kind of 8 a futuristic idea, but I think we ought to get -- - look 9 outside the box. 10 Where does the money come from to create and pay 11 for capital costs and operating expenses for a 12 multi -city community media center? The city negotiates 13 payments for cable franchise operators . 14 The industry evaluation, each subscribery a s p 15 approximately $5 , 000 . Concord is that 35 subscribers . 16 Figure out the math of that . It ' s a lot of money, a lot 17 of valuation. 18 The current cost of a digital receiver is between, 19 5 and $10 , 000 and during the last near nationwide over 20 700 hours of digital production has existed . 21 By year 2006 , supposedly the FCC mandating that 22 producers of current television be digital . We' ve got a 23 gap between here and there , but year 2006 isn' t that far 24 away. 25 Why not ask for a million dollars of capital. Certifies:Shorthand Reporters �ttt19 2321 Stanwell Drive * Concord,CA 94520-480S LREE�_7PORMG SEMCE,INc. PO.Bok 4 10 * Concord,CA 94524-4 1 07 '925)685-6222 • Fax(925)68Mg2n I expenses and five dollars per every subscriber each year 2 to help support PEG, public educational and government 3 access in your negotiations with Seren and negotiations 4 with AT&T, and maybe if MCT comes in and we really have 5 a good competitive markets , those guys too . 6 Concord has not included public access for the 7 last 20 years . It should be a progressive and 8 innovative and encourage youth, language minorities , the 9 disabled communities and others to learn, to produce and 10 distribute local material for a local public access 11 channel . 12 The city may get more by considering 13 collaboration with John F . Kennedy University, Contra 14 Costa County Library, Mt . Diable Valley College and 15 possibly Mt . Diable School District and others . 16 For example, as you probably know, the state bond 17 issues are allowing some capital construction for 18 schools . 19 Why not collaborate or join forces and possibly 20 help your investment , your capital investment for your 21 public access center, media center? 22 Unfortunately, the city has in recent history not 23 included the public . However, Channel 25 has had 24 programing from the Chamber of Commerce, from suppliers 25 of services , the Traditional Vallues Coalition which A +—r�.,� Certified Shorthand Reporters, (---� Li[1 L E � ' 20 2321 Stanwell Drive • Concord,CA 94.520-4508 REPC�)MNG SEMCB.TINC. PO.Box 4107- Concord,CA 94524-4107 (923)683-6222 - Fax(925)685-3820 1 recently the TBC sponsored the national organization 2 called Judicial Watch. 3 In San Francisco, public access requires that 80 4 percent of the material shown must be locally 5 copyrightable . 6 The city needs to clarify the rules of the game 7 and vigorously move to include public access becoming a 8 reality. 9 Whatever we have on Channel 25 right now, somehow 10 or other is a hybrid, but it ' s not -- the rules aren' t 11 clarified . 12 If you' re going to have a private group beyond 13 government channel , please let the rules be known and be 14 clarified. 15 Mr . Pastrick asked in a study session, what about 16 the Internet and rightly pointed out the digital divide 17 is both video and the Internet . 18 In January, San Francisco' s telecommunication 19 commission decreed by ordinance that in the area of the 20 Internet , that AT&T on a unilateral imposition of the 21 request by the City of San Francisco that it be unable 22 to discriminate for other ISP or other Internet 23 providers using that cable . 24 1 have a copy of their ordinance , I have a copy 25 of the staff report , what have you, which is nice and Certified Slhorthaiid Reporters 21 2321 Stan-well Drive* Concord,CA 94320-4808 REPORnNG SERVICE.INC. 1 P0.Box 4107 * Concord,CA 94524-4107 (925)685-6222 - Fax(925)6' 1thick . 2 ' We should allow the maximum amount of 3 competition, not only for Seren, what have you, but ISDN 4 providers on our cable . 5 Competition should incorporate the legal , all the 6 legs of the PEG in any future contact with cable 7 providers . PEG is the public educational access acronym 8 for all three . 9 In closing, I also suggest the city make the 10 process of conducting and operating the community center 11 very open, transparent and to encourage citizen 12 participation . 13 I ask the city' s initial negotiating position be 14 made public at the earliest possible date and when any 15 informal negotiations begin, that every other city 16 agenda include two or three paragraphs as a summary of 17 the status of the progress of negotiations with this i8 case AT&T under the consent calendar and thus encourage 19 the maximum amount of citizen awareness of the progress 20 of the cable negotiations as well as since the agenda is 21 done on the web site, automatically be on the web page, 22 too . 23 In monitoring any media center' s contract should 24 also include a high level of transparency and sunshine . 25 Any guaranteeing of the First Amendment access should Certified Shorthand Reporter{ o ��� , 22 2321 Stanwell Drive • Concord.CA 94520-4805 REPO�dT�ING SERVICE INC. I P.o.Box 4107 • Concord.CA 94 524-4 1 0` (923)685-6222 , Fax(925)685-3820 I reflect the best possible legal and material practices 2 throughout the country. Concord should lead in the area 3 of the First Amendment and not ignore it . ' 4 In closing, the local cultural events need to be 5 more accessible to the community. Concord needs public 6 access channel for a soap box and a music box . 7 My father happened to be somebody who was a 8 chamber music player . Also he was the official €€ 9 photographer for the Performing Arts Society, which yon 10 probably know has been around for a long time . He used 11 to have two tape recorders in a line with A&P, which was 12 Alex & Partansk ' s , Incorporated, for the audio taping Y P p g 13 of the concerts , what have you . 14 I think with him a w � ' s well as other people , we ' d 15 like to have access to some of our local cultural 16 activities and a PEG channel and a public access channel 17 would allow that , with your support . 18 We need to urge more participation not only in 19 civic activities , but in cultural activities and I think 20 you' d have that if you support this idea . i 21 Thank you very much for your time and I ' m open. 22 for any questions . 23 VICE-MAYOR HOFFMEISTER: Thank you . I have no r 24 speaker cards . Is there anybody else who would like to 25 comment? If you' d come forward and give your name and Certified Shorthand Repoers r+Blt+ BY B - 23 2321 Stairwell Drive • Concord,CA 94520-48'(118 REPORMG 5EMCE.INC. j P.O.Box 4 107 • Concord,CA 94524.4107 (925)685-6222 • Fax(923)685-:3829 1 also fill out a blue card at your completion . This is is 2 for the cable television. 3 MR. McGEE : Gable television, right . My name is 4 Ed McGee . I'm one of those public access producers and 5 what everybody said tonight has been pretty interesting. 6 What I ' d like to see though is I ' d like to see 7 all the cities stand together in the consortium and beat 8 down the evil AT&T and have them give us the same sort 9 of thing we got - - that you guys signed in the Seren 10 agreement . 11 Reading through this agreement , some of the 12 things that are in place , this is - - this seems to be an 13 excellent franchise agreement considering I ' ve read 14 through the one in Concord�' o d and Martinez , Pleasant Hill . 15 A lot of their:, the warding is there . Nobody' s 16 taken the point and exercised their opportunity to use 17 the facilities . 1.8 Reading through the Concord one., and there is a 19 public access channel there . It ' s a play back only. 20 And I didn' t get a chance to ask Peter about it , but 21 after reading it off the Internet , it ' s - - it seems to 22me that it may still be there . 23 Back in the early days when the city council 24 didn' t pick up the - - I think it was 20 , 000 or 10 , 000 , 25 whatever, to keep it going, it kind of reverted back to �! �1 + Certified Shorthand Reporter 24 2321 StanweII Drive • Concord,CA 94524-480fi REIK I2TI" G SERVICE,INC. PO.Box 4107 • Concord,CA 94524-4107 _ (925)555.6222 • Fax(525)685-3829 1 the cable company and a lot of the channels have been 2 reverted back to the cable company because there' s been 3 no groups or no interest to push it along . 4 AT&T has done a fairly well job of doing public 5 access . There is no government . I guess the only 6 government we get is CCTV and that ' s controlled by the 7 county board of supervisors . 8 I ' d like to see it run through, like I said, a 9 media center with a non-profit running it with city 10 councils just appointing the non-profit and letting them . .... 11 do it . 12 T don' t want to see any government agencies or 13 any school districts or anybody at the head of it . it 14 needs to be Joe average citizen out there who has is something to say and wants to use the facilities , put 16 together a production, something like that . 7 And whatever non-profit should be running it , it 18 needs to go out and get those people from the community 19 and say, hey, come on down here, you know, we' ve got 20 these facilities, we' ll train you how to do this . 21 It wasn' t exactly - - I 've used the facilities 22 over TCI , AT&T and Martinez and, like I said, everything 23 is there , but it ' s like it ' s kind of a secret . You 24 know, if you do the research and you find it and you go 25 down there and ask them, they' ll tell you, they' ll give Certified Shorthand ReportersZandormllia 25 2321 Stanwell Drive - Concord,CA 94520-4803 REPORTING SEMCE,INC. l P.O.Box 4107 - Concord,CA 94524-4 07, (925)685-6222 - Fax(925)685-382,'+ 1 you the information. 2 Do a little more research, you find out you can 3 do this . Whoops . You find out you can do this and with 4 a little bit more research, you can do this . 5 Now, in the system that I use for public access 6 in Martinez , I grew up in Concord, I live in Martinez , 7 and the system over there, the public access is only run 8 between 4 : 00 and 11 : 00 . 9 Well , there' s stipulations in the franchise 10 agreement that says it needs to run longer, if it ' s a 11 sunny day and, you know, three people came down, it ' s 12 very - - it ' s very wordy in there in order to get these 13 things . 14 We should have another access channel . There 15 should be a government 4 - or an educational channel , but 16 nobody' s held the cable company' s feet to the fire to 17 make them do it . There ' s nobody out there running the 18 point . 19 This is a great opportunity because within a few 20 years , almost everyone of the cities cable franchise 21 agreement is coming up and I ' m afraid that AT&T is going 22 to try and knock, cities off one by one so that they' re 23 not standing together and at that point , then everybody 24 will lose out . 25 The idea of going through a media center, it Certified Shorthand Reporters j� i r l — 26 2321 Stanwell Drive • Concord,CA 94520-4508 REPORTING SERVICE.INC. ' Po.Box 4107 •Concord,cax4524-41x; (925)685-6222 • Fax(925)685-3329 I would be a great one, you could pool the. resources . You 2 know, my idea would be, you know, three cities , t 3 Martinez, Pleasant Hill , Concord. Walnut Creek, the 4 rest of those guys can go their own way , No offense, 5 you people from Walnut Creek . 6 I thank times have changed . AT&T needs to pay 7 their fair share for the use of our public 8 right-of-ways . 9 Real estate prices have gone up . They need to 10 ante up . They need to be a good neighbor . And I can 11 see possibly trying to get them to meet the agreement 12 with Seren is going to probably be like pulling teeth . 13 I don' t think they want to . 14 I have had it told to me that well , you know, if 15 we do all this PEG stuff that you guys want , you know, 16 the rates will have to go up . 17 Well , I mean, they - - they' ve already had our 18 rights-of-way for the last 15 years at a cheap right . I I 19 think it ' s time for them to give a little something 20 back . 21 I don' t - - it ' s just , I just don' t want to see, 22 you know, each city being knocked off . I want to make 23 sure that all the cities speak with one voice and we get 24 the maximum we can out of them because it ' s very 25 important . t Certified Shorthand Reporters ndonalla 27 2321 Stanwell Drive • Concord,CA 94520.486: REPORTING SERVICE.INC. P.O.sox 4107 • concord,CA 94524-107 (923,685-3829 (925)685-6 22 Fax I We have an opportunity to do something like the 2 Access Sacramento people and, you know, over in San 3 Francisco, some people who have taken an interest in it 4 and like I said, this is a major opportunity. 5 And thanks for letting me say my piece . 6 VICE-MAYOR HOFFMEISTER: Thank you . You can fill 7 out a blue card, too, and turn that in to us for our 8 records . Thank you. 9 Anybody else that would like to comment? No, no, 10 no . We' ve got a commenter in the back there . This is 11 on the cable television needs assessment . 12 MR. KRAMER : Three people in the room and I ' m the 13 going to Mike a speech? Please . Gus Kramer, Contra 14 Costa County Assessor . 15 I don' t know where to start on this . The public 16 access issue , the public media center I think is very 17 important . 18 I ' ve worked very closely with Ed McGee on 19 producing some educational program stuff regarding 20 property taxes and assessors office and it was 21 interesting because CCTV was very limiting to us in our 22 access even though it was non political , it was totally 23 public access and I actually had to make some phone 24 calls to get it run on a regular basis especially during 25 tax time . J+ �, Certified Shorthand Regarter< L) ndondla 28 2321 5tanwvell Drive • Concord,CA 9452£-4808 REPORnNG SERVICE.INC. '. PO.Box 4107 • Concord,CA 94,524-4 107 __ (923)6185-5222 . Fax(925)683-38219 I And the response from the public was wonderful , 2 so I can' t encourage you to do that enough, but what 3 really caught me by surprise and I came into this 4 totally by accident , I always pay my cable bill like I 5 do my T.V. bill and everything else and phone hill , and 6 1 hooked up service in the Sierra Nevada foothills for 7 cable service and I discovered I was getting for $18 a 8 month what we would pay $30 a month down here . 9 And at the same time , I took off as this county 10 assessor and found out the old cable company, Viacom, 11 had its outstanding appeal for some 10 years . 12 1 mean, they kind of fell in the same barrel as 13 the oil companies are right now. And they were vicious 14 about this . 15 And the interesting thing is they have a very 16 good lobbyist because the capitalization rate we can use 17 for assessing their value in our community is set in 18 law . it ' s not the discretion an appraiser, so to speak , 19 it ' s set in California Government Code . 20 So 1 can' t encourage you enough to get, as many 21 services as you can from these folks , to get as many 22 broad band channels because channels you can' t 23 think Mr . Dragovich said that may be something we can 24 negotiate, but at least keep the rates down where they 25 should be . Certified Shorthand Reportet - ZandOUGIIII 29 2321 Stanwell Drive - concord,CA 94520-4805 REPORnNG CINC, PO.Box 4107 -concord,CA 94524-410 SEME. (925)685-6222 - Fax(925)665-3829 1 Because we found that the cable services in the 2 foothills of the Sierra Nevadas overheads were not lower 3 than they are here in the Bay Area, they were actually 4 higher . 5 Their salaries , their technicians were the same 6 and their costs to maintain their systems were obviously 7 higher because of weather conditions , yet they offered 8 more channels for less money. So don' t be bashful in 9 holding their feet to the fire . 10 Interestingly enough, TCI comes along and buys 11 Viacom. Without even being in service for one year, 12 they file a tax appeal . 13 Now, AT&T has bought TCI and I haven' t seen the 14 appeal et . I hope to God they are better corporate Pp �' p 15 citizens than some of our other corporate citizens . But 16 if they do, I assure you, you and most the staff , you' ll 17 be the first to know. 18 Thank you . 19 VICE-MAYOR HOFFMEISTBR.: Thank you, Mr . Kramer . 20 Can we get you to fill out a card, too? You knew the 21 rules . Thank you . 22 Very briefly, Mr . Partansky . 23 MR . PARTANSKY : Very briefly . At this county I 24 testified and I was able to think of another related 25 issue and it has to dry with Mr . Kramer' s comment . ,, Certified Shorthand Reporters ZBndonel 30 2321 Stanwell Drive . Concord,CA 84520-4805 REPUI2 I`TG SERVICE.INC. P.O.Box 4107 - Concord.CA 94524-4107 (825)685-6222 • Fax(925)685-3829 Wouldn' t it be kind of nice for people who are 2 disabled or very limited income that we have like a i 3 phone company, we have a lifeline rate for cable 4 television because in a sense , we' re asking now for a 5 telephone, we ' re asking for cable, we' re asking for 6 Internet and it would be very nice to be able to have, 7 at least in the negotiation activities , requests that 8 there be a lifeline rate for those who are of low-end 9 income, to minimize the culture of the digital divide as 10 well as adaptability for those who are disabled both 11 from the standpoint of equipment as well as possible i 12 standpoint of the rate . t 13 So I urge you to consider the possibility of 14 finding another way of reducing the digital divide , 15 realizing the corporate citizens shift in social ; 3 16 responsibilities and the leadership of the Concord City 1 1 3 17 Council to ask for more appreciative activities and 18 better services for the disabled. 19 Think you . 20 VICE-MAYOR HOFFMEISTER: Thank you . Okay. 9 21 Nobody else unless going to pose public comment and I 22 know this was before the council committee, Council y i 23 Member Pastrick . 24 COUNCIL MEMBER PASTRICK: Thank you . Council 25 subcommittee which Council Member McManigal is the Certified Shorthand Repor.ers ( � y 31 2321 StanweL"brine • Concord,CA 94520-4800, FZEA( RTIT`tCi 17V€ .INC. P.O.Sod 4107 w Concord,CA 94524-4107, j {925;655.6222 • Fax(925)655-3'K_' 1 chair, we had - he and I had an opportunity to review is 2 some of this briefly. 3 I - - just for the record, there' s a couple of 4 issues that I personally have an interest in that I 5 think are extremely important . 6 I agree with what we heard from the various 7 speakers regarding the public educational governmental 8 programing . 9 We have a lot of experience with governmental. 10 programing . Essentially, that ' s what we do . The public 11 and educational, you know, we haven' t been revolved in 12 that . Their - - Channel 25 through AT&T does make those 13 others available on - - on Channel 25 . 14 our perspective,ective, things we' ve been involved P 15 with is - - is the governmental programing . But it is 16 important we have that capability within the community . 1.7 We ' re real lucky as a community. We have competition. 18 Cable rates didn' t go up . 19 And yeah, we can talk about trying to regulate 20 cable T .V. rates . In reality, we can' t . They' re -- -- as � 21 soon as the AT&T' s competitor and Seren Communications 22 with their sound systems goes up, basic rate regulation 23 goes away in our community. So we' re going to allow 24 competition to work . 25 I think we saw the first example , real example of i Certified Shorthand Reporters t tl► 8 32 2321 Stanwell Drive •Concord,CA 94520-4805 REF�7It'ITG SSEMCE.INC. 1, P.O.Box 4107 •Concord,CA 94524-4107 j (923)683-6222 • Fax(925)685-3820 1 that where citizens in Concord literally saving millions 2 of dollars in cable T .V. bills because we' re one of the 3 few communities the rate didn' t go up . So competition 4 is good. 5 The other thing that ' s good about competition is , 1 6 1 think it was Mr. McGee that waived the cable franchise 7 from Seren is that did allow us to raise the bar a 8 little bit , set a little bit higher standard. 9 And so all of these issues that we ' ve heard 10 people speak about in another forum, talk about , we do 11 have those issues, I think, to most extent , most - - most 12 of those issues aren' t already covered in our current 13 Seren agreement which essentially is that bar that we' ve 14 kind of raised everything to . 15 Couple - - a couple of issues . The institut=ional 16 network, i think that ' s real important . I think we had 17 one speaker talk about that . That ' s not - - that ' s not 18 public educational or governmental programing, but in 19 essence , setting up high speed telecommunication between 20 public facilities , you know, between schools , between. in 21 the city government, the ability to connect schools with 22 city government , with hospitals , fire district , all the 23 public type services that you - - that you might imagine , 24 you know, that ' s a real important component of it . 25 But the last two things that I want to talk about Certified Shorthand Reporters 33 2321 Stanwell Drive - Concord,CA 94520-4808 REPORTING SERVICE.INC.JP.O.Box 410-7 - Concord,CA 94324-410 7 (925)685-6222 * Fax(92 �,5)695-382� ......... 1 ........................... is emergency repair response time and response to repair 2 system outages . And that ' s going to tie into this last 3 item. 4 As we move with the cable company becoming a 5 provider of broad band services , whether that ' s 6 telephony, which was the word that I ' d never heard of 7 other than a couple years ago . It' s easy short way of 8 saying telephone services , but as a provider of 9 telephony, as a provider of high speed Internet access 10 and also as a provider of cable , I think as we -- - as 11 they experience system outages are or parts of the 12 system go down, their ability to respond quickly. 13 For the telephony part of it , the PUC requires _ - 14 has certain regulations on them that essentially tally the 15 phone system comes back within a period of time , they 16 can route around it , the problem. 17 But as we go to high speed Internet , you know, 18 broad band communications , I think it' s important that 19 we look at customer service standards that would include 20 that . 21 You know, how quickly they respond to system 22 outages and how quickly they can respond to - -- how 23 quickly have a repair response time . 24 You know, we - - unfortunately, AT&T through their 25 At Home system learned the hard way about a month and a Certified Shorthand Reporter. 34 2321 Stanwell Drive -Concord,CA 94320-480S REPORnN SIrMCIv.INC. j PO.Sex 4107 - Concord.CA 94524-410; 4 ' (925)683-6222 - Fax(925)683-382r 1 half ago where they lost a big section of their high 2 speed Internet cable access . 3 They got it back up as quickly as they can, but 4 we found out it ' s not a self-healing ring . I think 5 eventually it will be a self-healing ring for Internet 6 broad band, but it ' s not at this point . 7 1 think that' s one of the things that the 8 consortium needs to work at because if we ' re going to be 9 trying to promote our communities , not just Concord, but 10 the other cities in the consortium, as saying we have 11 telephone service, broad band telecommunication plus 12 cable T .V. , there has to be the reliability factor on 13 that broad band telecommunication . 14 More and more people are doing their work at home is and that ' s becoming a lifeline issue Just like your 16 telephone , that if you can' t be doing business , you 17 know, subscribing through the At Business Home of it , 18 for example, with AT&T or with Seren' s plan provision of 19 At Home type services for businesses, but located within 20 your residence , there' s got to be some guaranties in 21 there as far as we can guarantee that system will remain 22 operating, for how quickly it will come back up if there 23 is a system outage . 24 The last thing that I want to talk about is 25 standards for Internet connection delivered over the Certified Shorthand Reporters Jf zandomlla 35 2321 Stanwell Drive - Concord,CA 94520-4SOS REPORnNG SEMCE.INC. P.O.Box 4107 • Concord.CA 94524-4107 (925)685-6222 • Fax(925)685-3829 ..........................................................................— I I cable . And it ' s an issue that right now you' re seeing 2 Pacific Bell is running ads about it , you knew, cable 3 hog, you knew, }wand width hog, those types of things . 4 Essentially, it ' s - - it ' s - - it ' s becoming a 5 marketing issue on IASL versus cable modem speeds . But 6 there has been some - - you know, there' s some basis for 7 that . 8 I think that it ' s important that for Internet 9 speeds , that they maintain taken certain service levels , 10 that if I start getting more folks coming in hooking up 11 and staying on all the time, that they can continue to 12 maintain those speeds that they talk about for high 13 speed two-way communication, high speed Internet . 14 Pretty soon everybody comes home 4 : 00 , 5 : 00 at 15 night and you don' t have high speed Internet services 16 any more . That doesn' t - - doesn' t serve the community. 17 So I think it ' s going to be real important to at 18 least maintain - - you knew, hold the providers to some 19 service standards to at least levels that they advertise 20 that they can have . 21 So I think these are - - those are the issues . I 22 spoke about them at the subcommittee meeting and I think 23 it ' s important we have them in the record to move 24 forward with some of these discussions with the other 25 cities in the consortium . Certified Shorthand Reporters n►# UI�B 36 2521 Stanwell Drive , Concord.CA 94320-4SOS RPUI2TCA#G SERVICE.INC. PC7,Box 4107 • Concord.CA 94324-410; (923)683-6222 • Fax{323}683-3520 1 Thank you . 2 VICE-MAYOR HOFFMEISTER: Any other comments? 3 Okay. I do want to point out , as Council Member 4 Pastrick alluded to and I know one of the speakers 5 commented, is that Concord should work with other cities 6 to deal with this issue with AT&T, and please be assured 7 that is exactly what this process here is about . 8 Peter Dragovich, our manager of this program from 9 the City of Concord, has been in that process with 10 representatives from all the other communities here in 11 Central Contra Costa County who have engaged the 12 services of a consultant to work together 13 collaboratively on this process which provides us 14 basically with a leg up as was mentioned, you know, AT&T 15 1 is a very large entity and so the idea would be as 16 working together as a group, we can have consistent 17 documentation amongst the cities for what our needs are 16 and have that documented so we don' t end up with a 19 situation which we currently have in our franchise 20 agreements, a very different one in Concord than there 21 is in Walnut Creek . 22 They were written at different times and again 23 they were written just from a single city' s perspective , 24 so by working together, we can maybe have a better 25 agreement and also have better negotiating clout with Certified Shorthand Rcorters 37 2321 Stanwell Drive * Concord,CA oWiO-480S SERVICE.INC. F0.Box 4107 - Concord,CA 94524-4107 (925)685-6222 - Fax(925)685-38X! ............ .................................... 1 AT&T. 2 And that was basically the same process that was 3 used with Seren . Many of the other communities that are 4 now going to be getting Seren in the near future also 5 participated with City of Concord and Walnut geek who 6 kind of started that forefront, Concord' s being the lead 7 of it . So I think they' ll see the benefits of that as 8 well . 9 So I ' m pleased with the process , I ' m pleased. to 10 see competition' s out here and I that the committee for 11 their comments and work on this . 12 That closes this item. 13 14 15 16 17 18 19 20 21 22 23 24 25 Certified Shorthand Reporters 38 2321 Stanwell Drive • Concord,CA 94520-4808 REPORnNG SERVICE.INC. P.OBox 4107 • Concord,CA 94524-410 (925)683-6222 • Fax(925)685-36243 1 STATE OF CALIFORNIA } 2 COUNTY OF CONTRA COSTA � 3 4 5 I , VIRGINIA E . BENTLEY, do hereby certify: 6 That I am a Certified Shorthand Reporter, 7 License No . 2743 of the State of California; 8 That I fully, truly and correctly transcribed 9 from a tape recording all of the proceedings had and all 10 of the testimony given regarding agenda Item No . ; 11 That I thereafter truly, fully and correctly 12 transcribed the same into typewriting, and that the 13 foregoing pages 1 through 37 , inclusive , are a full , 14 true and correct transcript of my said notes taken. at 15 the time and place therein stated. 16 IN WITNESS WHEREOF, I have hereunto set my hand 17 this day of 2000 . 18 j 19 20 21 22 23 _. s 24 VIRGINIA E . BENTLEY, C. S .R . License No . 2743 25 Certified Shorthand Reporters Ly" , 39 2321 Stanwell Drive • Concord,CA 94520-4808 I SPORTING SI~R7VICE INC. P.O.Box y• Conct�rd,c 94524-4 10-7 (925;,685-6222 • Fax(925)685-3829 Electronic mail messages received in response to City!News notice of AT&T performance hearing of April 11, 2000. These messages are from Concord citizens who could not attend the meeting but desired to submit comments. 1. If ATT offered a package of basic TV and Internet access for$50 I would take it. A whole lot more charge would not be attractive as the household would not be gaining much more than they already have. WmFrWestOJuno.com 2. To: Cable Franchise Administrator City of Concord March 20,2000 Re:cable renewal process While improvements have occured with the local cable programming over the years (channel choices have unproved and reflect the interests of our diverse community), it continues to shock me just how much we pay for expanded basic cable service. Too much when compared to other cities in the Bay Area. Additional rate hikes are no doubt coming,and please don't be fooled into accepting them just because the cable company is promising more channels which are very profitable for them, like home shopping channels. Or stations that rein old TV shows that cost almost nothing to show. Lake so many residents, I am looking forward to Astound's arnvial in Concord so we may benefit from healthy competition. Technology and competition can provide better service than a single franchise with an exclusive chokehold on its customers,which tries to justify the need for a franchise by comparing itself to a public utility. Paul Moreno PO Box 2194 Concord CA 94521 3. 1 support the idea of ATT providing internet services. Also I would encourage other services to provide this service, such as PacBell and anyone else capable of providing the City of Concord business and home users this broad band service so as not so see a monopoly given to any one provider. RERuble 4. Dear Cable Franchise Administrator, In reading the city newsletter this month I discovered that Concord's contract with AT&T Cable is up for renewal. I will be watching the"Eye on Cable"program on April 7th and hopefully it will answer some of my questions. I am extremely dissatisfied with our current cable service. We pay the same or more than other cities and get less channels. Prior to the AT&T purchase of TC1 Cable, things were bad enough, but the changes we have seen since the ownership change has not increased our service or our channel selection. It is true that we have had a few channels added to Enclosure (2) our lineup, but we have also lost more channels than we have gained. In tact, the only increase of anything we have seen is our monthly rates. When €have called AT&T to inquire about additional channels that are not currently available in my city, their service reps will try to sell me their"digital cable"package in order to get the channels I want. Of course this is at more cost to me and requires me to rent a giant box that makes my remote controls obsolete. In a time of hi-tech TV and video/DVD, this is not what I call an enhancement. I also have some concerns regarding AT&T. They are such a large company, it is difficult not to feet like they have the monopoly. What I really would like to see is equal access in the cable industry and give the customers the ability to choose their cable service provider, but untill that happens it would be nice to at least look at different cable providers as a viable option for the city of Concord. Let's shake up that monopoly and give our business to a younger, more hungrier company who will provide a quality product and quality service for a better or at least comparable price. Of course,at this time € have no idea what the other options are, and it is possible that on paper AT&T may look like the best deal,but it has been my experience(and I have had a good amount of experience in dealing professionally with AT&T-i have 15 years working in the telecommunications industry.)that AT&T is great at closing the deal, but severly lacks in the follow-up delivery and client service. Once the ink is dry on the contract and they have money in hand,they tend to be, well, let's just say low profile.... I urge you to review other options for Concord,even If it is on shorter term or trial basis to aviod renewing the contract with the current cable company. Thank you for your consideration and allowing me to voice my opinion. Sincerely, Mrs. Michel Shadowens 1053 tale Place Concord, CA 94518 5. date:Tue,21 Mar 2000 12:38:06 -0800 >To: cityinfo@concord.ca.us >From:At Goldsmith.<algold@value.net> >Subject: AT&T Cable Services Franchise Renewal >Cc: >Scc: GVP47@aol.com,joyofmuse Caol.com,jgolds@rmi.net, >Icirivello@communitymedia.org, Robert..J.Barry@dartmouth.edu, >rf rothgery@ earth link.net, rfrothgery@hotmaii.corn, tbg6buskegroup.com >X-Attachments: >As a member of Diablo Video Arts for the past nine years , I have >first-hand knowledge of the benefits that quality,responsible >Community Access Television programming can bring to a community. >For eight of those years,we produced a wide variety of infornercials >and public service announcements for virtually every non-profit >organization in Central Contra Costa County, including Battered >W omen's Alternatives, Animal Rescue League, Heart Asociation, Poster >Parenting, and many others, using minimal facilities available in >ancient community access studios, supplemented by our personal video >cameras, sound, lighting and editing equipment. > >Diablo Video Arts is a non-profit organization of Contra Costa >County videographers, from beginners to professionals, dedicated to >the furtherance of new media on a community level and has been >working toward that goal for the last nine years.We advocate >requiring cable services franchisees to provide for the capital and >operating costs of Community Media Centers (not only containing >video studios and production facilities, but computer graphics >production, streaming video and facilities for training >responsible, volunteer members of the community in the operation of >the resources for the community good). > >The future of telecommunications is one of lower costs and increased >opportunities.Cable is no longer just television, it's a cornucopia >of valuable services that includes telephony and Broadband Internet >Access.And as you begin the process of re-negotiation with AT&T >Cable Services, you do so with an increased awareness of the >beneficial services available,some prescribed by law. >The franchise fees cable service providers pay are rental fees- >equitable compensation to the community for cable service providers` >increasingly profitable access to our citizens through the public >right of way-to sell cable TV, telephone, broadband internet >access and other specialized services such as >entertainment-on-demand programming to citizens within their - >coverage area. >We are aware that local governments have no statutory authority to >control the rates cable service providers charge us for those >services.The recent series of rate hikes imposed on consumers in >some of our Contra Costa County communities by AT&T Cable Services >provides graphic evidence of our lack of authority to control fees >charged to us by the cable service providers. > >In Santa Rosa,there is a community media center-the Santa Rosa >Community Media Center. It includes television studios and editing >facilities, and video equipment and training programs to train >community volunteers on their use and for production. Television is >produced there,but so are things more associated with the future of >telecommunications such as the cities' Institutional Network(INET) >that connects government, educational and some non-profit Agencies >in a high-speed communications loop that will save tax money costs >for the governmental and education participants on telephone and >data services and provide for streaming video on demand. Provisions >for a cable service franchisee to provide an institutional Network >(INET) should be an essential part of the franchise fee services >included in future agreements. > >l believe one of the keys to exacting the maximum value from >franchise negotiation is to obtain an agreement with AT&T Cable >services,(similar to that negotiated with Seren Innovations)to >finance the costs of capitalization,operation and maintenance of a >mul#i-city community media center. This organization should be an >independent non-profit corporation, managed by community leaders, >and telecommunications experts. > >Such a media center would provide economical Government, Public and >Educational media services. These would include education and >training tools for city agencies and educational institutions. >Educators will find a facility for distance learning that >integrates computing, the internet and community television to teach >, and to especially teach the economically disadvantaged. And, the >public gains a digital voice for non-profit organizations,the arts, >community service projects and the like. > >Diablo Video Arts has a mission that has not changed in eight years. >We want a community media center that serves its constituencies with >pride and professionalism. We desire a place that welcomes people >and nurtures their growth. We foresee an agency that helps >government users maximize the potential of their INET and its many >facets. And for educators,a facility that flawlessly manages the >telecommunications and video traffic that accrues to their program >needs. > >Part library, part education center, and part public forum, a public >media center will be worthwhile just for the dollars it saves. >But,it will be valuable because each citizen will have a better >opportunity to know what others in the community are doing-their >needs, their possible contributions,and their resources that that >are available to the community. > >The future is right now for you. Please plan the development of an >independent community media center and help build a better digital >infrastructure here in Concord and in Contra Costa County,funded >not by taxes, but by cable services providers'franchise fees. 6. Just received and read the latest Concord City News,specifically the >article about feedback/comments on Cable Television Review and Renewal, and > I would like to offer a few comments: > > 1. I've been reasonably happy with TCI, now AT&T,Cable TV. We now have the > Digital TV option. These work fine 99%of the time. There have been only a >few periods of snow or zero signal. Any agreement should include a base > level of expected service with penalties if that level is not provided (e.g. >refund 1/30th of the monthly fee for each day the service is below the base >level - no free pay-per-view, etc. -make it a refund). >2. There were a number of complaints about TO (and now AT&T) Internet Modem >service in the newspapers and I still see some of these complaints in >various internet newsgroups. A minimum/base level of service should also ...............................................................................- be >demanded in any renewal as I've suggested in (1). > > 3. I'm glad that Disney is now part of the Concord AT&T package. Any/all >family friendly stations should be included in the base(or base digital) > package- including family friendly movie channels. > >Just my$0.03 on the subject. > Lionel S. Dyck > 1200 Limeridge Drive >Concord, CA 94518 > 925-676-8136 7. My wife and 3 reside at 4591 Lincoln Drive.Concord since June, 1999.We are very interested in the first available CATV/1St"provider available to us in our present location having moved from Pleasant Hill.We are software developers/consultants.Thanks. 8. Jimgof96@aol.com(SMTP: maitto:JJMGQLF96!RA0L.00Ml Saturday,March 18,2000 9:137:36 AM cityinfo O ci.concord.ca.us Seren Link&Cable Comments The link for the Seren Cable Franchise lacks up my browser every time. Haw do I find out who laid the fiber optics cable in my neighborhood? (Clearbrook Drive--Creekview development). TCl/ATT cable has had a few problems. For example channels 18& 19 always have interference and distortion. The channels available are significantly less than the channels available to viewers In Walnut Creek and Danville. We should have access to the Calf Channel and to channel 22 from Marin. 9. First-We just went through the disruption of having everything torn up and messy in order that ANOTHER CABLE COMPANY could install their"stuff." WHY? Seems to me that someone,or everyone, got paid off by someone in order to allow ANOTHER cable company to came to town. What is wrong with the one we have? Second. The only issue I have with ATT(formerly TCI)is the fact that we do not get Horne and Garden channel. If you avant to do something for the citizens of this town,force ATT to give us that channel --don't force ANOTHER cable company on us! Doug Gompertz 5447 Anselmo Ct Concord 94521 10. 1 will make this as brief as possible. i am very dissatisfied with AT&T Cable Services. I have basic and extended service which seems to get worse as time goes on. They deleted some channels and put a "cartoon"channel in 24 hours a day...ridiculous. They also put another "Spanish"station when we already have plenty. The cable stations are frequently interrupted and sometimes I want to cancel everything. 1 can't see paying for"digital" service when I really don't want all those channels that do not mean anything for me. I am waiting for some competition so i can make my own informed choices. Why are we stack with only one Cable provider? Thank you for taking your time to read my note and any helpful information would be greatly appreciated. Sincerely, Jo Rodriguez tt. TO:Cable Franchise Administrator, City of Concord. We live in a section of the city that is too far from a lac Bell central office to receive DSS service. That leaves cable as our only current alternative for broadband internet access and AT&T as the only(current) cable provider. In reviewing AT&T's contract to provide cable service to Concord, t would like you to stress the importance of the following key points. 1)Top priority should be given to completing the infrastructure upgrades necessary to provide cable modem internet access. 2)The current digital television service has been a compromise to provide more channels, not better picture resolution. The quality of the current digital channels is less clear and sharp than a VCR tape. Similarly,AT&T should commit to providing(true)HDTV in their proposal,not more compressed, low-resolution channels. 3)A significant discount for bundled services should be made part of the contract. Telephone, Cable TV and Cable Internet should be offered as a package for less than$80.00 per month. Since AT&T acquired TCI's plant, service reliability has been excellent. l have no complaints there. Cost, however has not improved and rate hikes are again slated for June. I would also urge you encourage and support the entrance of competition. Seren Innovations will(soon, I hope) be offering its Astound package of Cable TV,phone and Internet access. I hope you will assist them in bringing this service alternative to Concord residents as quickly as possible. Thank you for your consideration of these comments. Sincerely, -Justin Moore 5214 Jomar Drive Concord, CA 945:21 12. Dear SirlMadam: While I think that there's been a greet deaf of improvement with AT&T vs. TCI, l still think that AT&T has a long way to go in providing service that can match service in other areas of CA. I have a friend who lives in Laguna Hills in So. CA and he's been getting TV, Internet, and phone service through his cable provider,Cox Cable for over three years. I think AT&T is only modernizing its'system merely in reponse to a threat by Seren. In fact,AT&T is already behind schedule in providing high-speed internet service.Originally that service was scheduled to begin in January of this year but I have been told that l should expect to see the service began in the middle part of this year. Additionally, I believe we are paying far too much for cable TV service, we are getting too many pay-per-view channels and not getting enough local channels like independent stations in Sacramento and Stockton. I would like to see AT&T provide 100-channels including local stations from Sac., Stockton, Santa Rosa, etc., high-speed internet service,and inexpensive phone service for local and long distance without being penalized for choosing one without the other.And, I want all this in place for all of Concord by June of this year.AT&T has the money and the ability to make all this happen by June. Otherwise, I think it's time we started entertaining bids from other companies. Thank you. Sincerely, Jahn Theophilou 13. Please find attached a letter I wrote to AT&T Cable to express my frustration with cable service disruption. Please consider this as my view when you are negotiating the new contract with AT&T Cable. Thank you for this opportunity. Sincerely, M. Hussain Attachment: Dear Sir/Madam, It has been more than a year since I converted to Digital Service post merger with TCI cable. In this time I have had more problem with service disruption than in the past 15 years since I have subscribed to cable. If your service representative keep a log of my calls you will find that information under my San Francisco phone#=415.241.5367 which I prefer to use. I have sent a feedback to you from your Web Site few weeks ago and have not got any response.In particular I was concerned with the disgraceful encounter with one of your Representative at 925.685.2330. Lately there has been several service disruptions,one time for a whole week,on another instance the service was not available during the evening prime time and every once in a while the Online TV Guide doses not work on some stations. After few calls and attempts to reset my box and waiting overnight for some download to the box this problem has not gone away_With service disruption it returns.Some of the premium stations I dos not get even though they are part of the package I have bought. At one time in desperation I had a technician come out to my house.on a weekday afternoon at my inconvenience,and yet the problem persists. I have been looking forward to a one stop shopping with AT&T that would include your On service. Being a long time satisfied customer of AT&T Long Distance& Local Toll service I hope you will get your act together soon. Yours truly, (M. Hussain) March 29,'2000 Cable Franchise Administrator RECENED City of Concord 1950 Parkside Drive, MSf01 A APR 3 2000 Concord, CA 94519 CITY MGR'S. OFFICE Subject: Comment on AT&T Cable Services contract rend%;:?. Dear Sir or Madam. What (in my opinion as a subscriber and heavy viewer) AT&-T Cable Services has done well since taking over the franchise: I. Concord did riot have to wait long at all, compared tO suL-M Unding jurisdictions/franchisers, for digital cable to become available. 2. For whatever reason,there was a noticeable uptick in the quality of people answering the phone once AT&T took over. They know more and will share more information with you in that first call. What AT&T has done poorly: I. THIS IS ONE THROUGH THREE, AND BY ITSELF DISQUALIFIES THEM FROM RENEWAL OF ANY SOLE OR SPECIAL PRIVILEGES: As a tactic to force faster conversion of customers to the more expensive digital cable, AT&T has ended the ability of analog cable customers to order pay per view events or movies. That excited young guy in the ads with the receding hairline, who says he`has always loved pay per view'but now loves it 'more'on digital? He had no choice: digital is the ONLY way the events and movies he'loves'to view are available to AT&T customers. 4. Their advertisements for themselves are more numerous and chop into and out of program- ming and other commercials much more awkwardly than did TCI's. AT&T will tell you no, no,that's not true: All analog customers must do is pay a surcharge and snake an appointment for installation of a special one-time, per-view adapter box, and they can still enjoy pay per view. That option is ridiculous on its face, because impractical; begs the question of why an analog customer willing to pay from $3.95 to $49.95 for the »,ovie or event should pay a dime more; and is a tactic that if ever approved by the franchising authori.y, should not have been. AT&T's true and sole reason for operating ppv in this harm-fisted fashion? They wanted to force customers to the more expensive service faster. That's not acceptable to customers, and shouldn't be to the"City. Please stuff their attitude and this predatory practice right hack in their face by removing or diminishing their opportunity to milk Concord consumers cirri. Sincerely, Richard S. Piedmonte 3251 The Alameda Concord, CA 94519 (925) 825-3304 Enclosure (3) humanmeal@earthlink.net March 29, 2000 RECEKD Cable Franchise Administrator City of Concord APR 3 2000 1950 Parkside Drive, MS/01 A Concord, CA 94519 CITY MGR'S. {OFFICE Subject: Postscript to comment on AT&T Cable Services con 1,�Ict renewal-- cable modem service. Dear Sir or Madam: I certainly hope that the CableCom work around town does not indicate any program or preference leaning to or leading toward a citywide choice of cable modems over DSL or other alternative means of data communications by or for Concord. The reason 1 ain onctrned has to do with features of Concord's residential and social patterns. As you know, cable modem service is shared by a group of people in geographic proximity (neighbors)and its performance depends on the number of these people using it at any given time. Everything I pick up, from thirty years' living here out of my forty,to school test scores, to observations of residences in the different parts of town, to the different departure times for work of people in my „half'of town versus any other"half'- it all leads me to believe that Concord will have dramatic differences in demand on a cable modern system from neighborhood to neighborhood. (One might be able to partially confirm or undermine this hypothesis—though only partially by asking the in-town computer stores where their dollar volume is coming from when sorted by dip Code.) If I'm correct, there will be dramatic differences in performance of any cable modem system neighborhood by neighborhood,with the worst congestion in the most'Net-active, wealthiest parts of town. This will present the City and its leaders with a constant and intensifying stream of complaints from its most active and/or hardest to please residents. (You know:the ones who believe it's cool to be unthinkingly hostile to the public sector;the ones who got here just three years ago; etc.) And there will be nothing to be done in response but to say, "Yeah, we tore up your street twice just like those of other residents, but your service is and will remain worse than theirs. Better get another typeof connection." This is intended as more in the nature of a heads-up than an official comment or complaint; file it accordingly. Sincerely, Richard S. Piedmonte 3251 The Alameda Concord, CA 94519 (925) 825-3304 humanmeal@earthlink.net OTIS NICHOLSON RECEIVED APR 3 ZDOt b40 LJ t?>'[Gd C s lY I A4L A7 5 / "a.r��fl�•r ���� � .'�' mer,--•- � �"`�: 75 ,�,� ��. s-�.tris?'` .� �" Tx� �r..�s ,rrf 1�+►r°.S •�rir. �,,. �cad'�. +�'- fir�.rs,�c:,��:,e►�. �- 1215,A»uxrunik Writ C orworr7,CA 94521 224 b 7-7- to7 USA14C r' � y IC1iy I O5 Mohr Ln Apt t' i Concord, A 94SI8-38$5 c� Lei g�x=yy r.. RECEIVED }�3 A+.muRRrex S-FCW—k S t"_t v:C J2 W'AS �r '` (sA4" �! i /\Jc 4.,1, } f ' co, 04 i - MARCH 23, 2000 11.50 A.M. EST. PETER PHIL LAWING CALLED REGARDING THE AT&T RENEWAL. HE LEFT YOU AN EARLIER VOICEMAIL MESSAGE THAT HE THINKS MIGHT HAVE BEEN MUDDLED, SO HE WANTED TO LEAVE ANOTHER VERSION! MR. LAWING SAYS THAT IN JANUARY AND FEBRUARY HE WAS HOUNDED BY PEOPLE KNOCKING ON HIS DOOR, REPRESENTING THEMSELVES AS AT&T REPS, TRYING TO MAKE HIM FEEL GUILTY FOR NOT SIGNING UP FOR THEIR DIGITAL SERVICE. MR. LAWING SAYS THAT HIS CONDO DEVELOPMENT, LAKEVIEW VILLAS, HAS A SECURITY DOOR AND VISITORS ARE SUPPOSED TO ANNOUNCE THEMSELVES. HE DOESN'T KNOW HOW THESE PEOPLE GOT IN AND THEN WANDERED AROUND KNOCKING ON DOORS. MR. LAWING SAID THAT THE ONLY WAY HE STOPPED THE ACTIVITY WAS BY CALLING AT&T AND THREATENING TO SIGN UP WITH THE COMPETITION. HE DISCOVERED THAT THE SO-CALLED AT&T REPS WERE IN FACT TELEMARKETERS HIRED BY AT&T. MR. LAWING CAN BE REACHED AT 798-3946. STUART RECEIVED MAR CEVtS , Ui1 � i � 1511 � � t:. .2SGhf f3ldCf71 R v 0,V .S � �3 .cj' .�-, S C _ r _ L t U t2 �.+ _ U .�, �V c 1.4 L L 1 P) Y 0 v ' v � C ,3 - :� Sys ; ;; � S o Lj> 13t# P P ,3 r . EF � 5 `� � '" ' � Tu c. O v n. Ott d? 3 fit'i i,. r 14 �. f ti L L 0 w1 fai Cttra� � �S v, S , �� , X SivtL , m0rL CNG}���:,tS W 1 NOv � �l3NYl� l�11a ,� )3 OX 3 .�, �' �, s ;a ��► n S C 1,4v v t�raS dry 0>JL7 fur' v "r ` S l� 6C _ 1 , l 0 ,r' it t� /t`�+ 0 hl � ! �► =t ' 22.0b I2. 0Ct4A6 Oil `l4S) k i Richard, Stuart From: Stephens, Ann Sent: Tuesday,April 18,2000 8:07 AM To: Lehman, Mary Rae Cc- Du Borg, Lydia;Dragovich, Peter; Richard, Stuart Subject: FW: ATT CABLE RENEWAL ISSUES Attached is Internet mail. Please respond within 3 working days.When responding via e-mail, please send a BC to user =NFO so that we can update our records. If you compose your reply in Word, please nate that not all recipients of your reply will have Word. Copy and paste the text of the Word document into the e-mail message rather than sending it as an attachment. If you do not want to give out your own e-mail address, you may send your reply to CITYINFO with the request that we send it out under the CITYINFO address. If you respond in another manner(phone, mail), please inform user CI'tYINFO of your response so that we can update our records.Thanks. -----Original Message-- From: cltyinfo Sent: Monday,April 17,2000 8:13 PM To: Stephens,Ann;Saldana,Lupe;Traver,Mardie Subject: FW:ATT CABLE RENEWAL ISSUES From: LGalessiQaot.corn[SMTP:LGALESSICAOL.0©M] Sent: Monday,April 17,2000 8:12:07 PM To: cityinfo0cl.concord.ca.us Subject: ATT CABLE RENEWAL ISSUES Auto forwarded by a Rule I HAVE BEEN A RESIDENT OF CONCORD FOR TEN YEARS AND I MUST SAY THE CURRENT CABLE FRANCISE WITH AT&T HAS BEEN THE BEST SINCE I BEGAN LIVING HERE...I DO HAVE SOME.CONCERNS THAT THE CURRENT FRANCHISEE DOES NOT HAVE A OFFICE IN THE CITY LIMITS OF CONCORD AND I DO PREFER HAVING A LOCAL OFFICE FOR BOTH PAYING AND DISCUSSING ANY ISSUES I MAY HAVE WITH MY CABLE. I AM DISAPPOINTED THAT THE FEDERAL LAW DOES NOT ALLOW THE LOCAL AREA TO DISCUSS THE CONTENT OR FEES WHEN DEALING WITH A NEW CABLE AGREEMENT.J DO BELIEVE THAT THERE SHOULD BE COMPETITION AND I AM INTERESTED IN THE NEW CABLE ALTERNATIAVE SEREN...I HAVE YET TO SEE ANY INFO ON THE NEW ALTERNATIVE COMPANY...IT SEEMS THAT THE COST OF CABLE BEGAN RISING WHEN MORE STATIONS WERE AVAILABLE..IN 1990 WHEN I MOVED TO CONCORD i PAID AROUND$30 PER MONTH AND NOW I AM PAYING $40 AND I NOW HAVE DISNEY CHANNEL WHICH WAS A PAID CHANNEL TEN YEARS AGO AND NOW IS ON MY BASIC..I WOULD APPRECIATE HAVING A CHOICE ON WHAT PREMIUM CHANNELS I RECEIVE AND NOT JUST HAVE TO ACCEPT WHAT THE CABLE COMPANY GIVES ME. IF YOU NEED TO REACH ME i AM AVAILABLE AT 925-682-9872. Enclosure (4) Richard, Stuart From: Stephens,Ann Sent: Tuesday,April 18, 2000 8:09 AM To: Lehman, Mary Rae Cc: Du Borg, Lydia; Dragovich, Peter; Richard, Stuart Subject: FW: Cable Renewal From:. Calvin Baskerville[SMTP:CALV#NFSB@YAHOO.COMj Sent: Monday,April 17,2000 10:41:03 PM To: cityinfo@ci.concord.ca.us Subject: Cable Renewal Auto forwarded by a Rule Dear Sir, My name is Calvin Baskerville& 1 live at 3625 Lindero Drive. 1 ran across an article in the Concord city news which stated that you were seeking feedback from residents regarding cable services. While I am satisfied with the quality of the services AT&T currently provides, it is my opinion that AT&T does not offer a good selection of services in Concord compared to other areas. A simple review of the channel guide from the SF Chronicle's "TV Week" indicates that Concord has 56 channels available,but Walnut Creek has 60& Pittsburg/Antioch has 65. True,these do not include digital cable, but shouldn't selections such as the El channel,the Weather channel&the Prevue channel be on basic cable (as they are in Walnut Creek& Pittsburg)? I assume AT&T will respond with"capacity" issues, but these channels are available in most major markets(including locally),so that excuse doesn't apply. I also assume that AT&T will request a rate hike at sometime in the near future. They will probably blame it on the increased services they are offering (internet), but I cannot understand why we should pay more for poor service. Cable access will allow them to steal customers from Pac Bell, so AT&T should be able to fund this with the new customers they get rather than shouldering the burden on its current customers. Concord is the largest city in Contra Costa county. We should use this position of power& require public services to meet the needs of the community rather than negotiating with them. If they don't want our business,give it to someone else! Thank you for your time&consideration. Do You Yahoo!? Send online invitations with Yahool Invites. httg:l/invites.yahoo.com 1 Richard, Stuart From: Dragovich, Peter Sent: Wednesday, April 12, 200011:03 AM To: Richard, Stuart Subject: FW: AT&T Cable Franchise Peter Dragovich Assistant to the City Manager City of Concord 1950 Parkside Clove,MS 01JA Concord,CA 94519 (925)571-3085 direct phone (925)798-0536 fax P From: ELLYLI Caol.com[SMTP:mailto:ELLYLi*A0L.00MI Sent: Wednesday,April 12,2000 10:46:34 AM To: cityi nfo*ci.concord.ca.us Subject: Gable Services Auto forwarded by a Rule Thank you for the opportunity to express my opinion of our cable service. I have over the past 15 years lived in several communities around the Say Area and have been a resident of Concord for the past 6 years. The Concord cable services are one of the worst that I have experienced. My main complaints are: we are never notified of changes to the schedule of available channels nor asked our opinion. The cable company will add and drop channels without warning. And we do not get a written schedule of what channels are located where. The only way that you find out is by looking for your regular channel and it has moved. Also,they never ask our opinion. Other companies that I have dealt with will send out a questionnaire and ask the residents opinions of the possible new choices. Another complaint is the digital system. Every community around here offers Home and Garden TV as part of the regular cable service. Concord requires you to get digitalin order to receive HDTV. The digital not only costs more but is also more complicated to use. HDTV is very popular with the retired folks, many of whom have alot of trouble operating the digital. You need to have two remotes and changing channels is slow and the channels do not always come in. Sometimes you have to go back and forth between channels to get the ane you want to come in. Its very frustrating. So, in conclusion, I don't think very highly of our service. I have gotten much better in other communities. Thank you. Elly Little 1639 Humphrey Drive Concord, CA 94519 i Richard, Stuart From: Dragovich, Peter Sent: Wednesday,April 12,2000 9:01 AM To: Richard, Stuart Subject: FW: AT&T Cable Franchise Renewal Peter pragovich Assistant:to the City Manager City of Concord 1950 Parkside Drive,MS 01/A Concord,CA 94519 (925)671-3085 direct phone (925)798-0636 fax (925)798-0636 fax From: Ed SeghersjSMTP:mailto:SEGHER OVAWE.NET1 Sent: Tuesday,April 11,2000 2:11:53 PM To: City of Concord Subject: Comment on AT&T Cable Services Auto forwarded by a Rule I request: - more public access and governmental channels. I am familiar with a cable system in the Midwest that provides 7 public access/government channels in addition to CSPAN&CSPAN2. -a school district channel that telecast Board of Education meetings- both live and repeated showings. It might also provide us with music programs, dramas,and other school productions. -repeated showings of selected City Council and Planning Commission hearings. -discussions of local issues with not only government representatives, but with concerned citizens,as well. Thank You, Ed Seghers t Richard, Stuart From: Stephens, Ann Sent: Wednesday,April 12, 2000 7:42 AM To: Lehman, Mary Rae Cc: Du Burg, Lydia; Dragovich, Peter; Richard,Stuart Subject: FW: Franchise Talks with AT&T Attached is Internet mail. Please respond within 3 working days. When responding via e-mail, please send a BC to user CITYINFO so that we can.update our records. If you compose your reply in Ward, please note that not all recipients of your reply will have Word. Copy and paste the text of the Word document into the e-mail message rather than sending it as an attachment. If you do not want to give out your own e-mail address,you may send your reply to CITYINFO with the{request that we send it out under the CITYINFO address. If you respond In another manner(phone, mail), please inform user CrMNFO of your response so that we can update our records.Thanks. -----Original Message— From: C"nfo Sent: Tuesday,April 11,2000 5:05 PM To: Stephens,Ann;Saidana,Lupe;Traver,Mardis Subject: FW:Franchise Talks with AT&T From: RRRezakCaoi.comISMTP:RRREZAKCAOL.COMj Sent: Tuesday,April 11,2000 5:04:18 PM To: cityinfo0cl.concord.ca.us Subject: Franchise Talks with AT&T Auto forwarded by a Rule TO: PETER DRACOVITCH,Assistant to the City Manager FROM: BOB REZAK,Arts and Culture Commission of Contra Costa County RE: Franchise renewal talks with AT&T Another commitment prevents me from attending today's hearing. However, I am hopeful that the talks with AT&T will result in an agreement that specifies . the allotment of additional public service time on the AT&T cable system for more local programming,specifically programming tailored to the arts. As a representative of non-profit arts organizations throughout Contra Costa County, it is apparent to me that the cable system can provide greater opportunities to showcase the vibrant,vital arts.activities that are occuring in our communities. Right now,,with the exception of telecasts of City Council meetings,such opportunities appear to be limited to community bulletin board announcements. While this is greatly appreciated by organizations that need to build audiences and attract sorely needed funding, it is not enough. Programs--taped or live--that discuss community arts programs,that show the difficulties and complexities of producing art in today's environment,that engage public involvement and support,that showcase visual and performing arts groups,that inspire people to participate would be a significant step and contribution to enriching our lives. Such programming needs to occur on a sustained basis, with fixed schedules that allow viewers to pian their viewing time rather than discovering it by accident or,worse, not even trying to access cable system programs. The technology is here. So is the interest. Let's make it happen. DRAFT-r CONFIDENTIAL APPENDIX 5 Local Programming Questionnaire and Video Facility Inventory Forms LOCAL. PROGRAMMING QUESTIONNAIRE (IVOrE. THIS IS A PROPRIETARY DOCUMENT- UNALITHORM D USE IS PROHIBITED) 1. ,)tRgs)of UocW Praammmin9 Ser++ a Provkdotl. (P6lbtIC Acoe$s fPJ,Educational Acom Government Access[G1•and Lori Origh-Aan PGD P L/ r: Z uo 2. Number and Typos of Channels Prodismmai. ,r P lc LICA _ Combined P-E .__.. Combined P-G Combined E-G Combined P-E-G Combined P-E43-UO Other (Please Describe) S. Number of Staff Assigned to Access and Lo"l O roa n __ Pull 71me --ck— Pad-um :id7c t Cdr ° 4. Affmation of Above Listed Staff Time of SerA* Provkb& (e.g„ 2.5 ft7r Public Access and g.$ for Government Accow, 1.5 for Educaftwl Access and 1.0 for Local Orlginsaon) Public Access Educational Access � GovemmentAccew Local C tVnation cjp���.ak r.., A S. 1=undlna --Scsur c and Ar_rawn s for 1$;31' _ ant#JSW Pleaft ind is the�{� altncwnffi from each ecurce to support you-local programming ac tiMb". Do not Include'1n4dnd"services aruf mahwWs. Funding Source 1997 low logo Cable Company(fir cap W purchases) $ _ $ Cable CorrWwy(for operatlrrg costs) S $ $ Government-Dedicated Franchise Feeat $ $ Covemmont-Ge nenif Funds $ �� $ $ Institutional Funds $ $ $ MembersHps $ 5 $ C ontttbutions $ $ $ Grants $ $ $ Cutts (Please lint) $ , $ � $ $ $ $ $ $ � s � Total Funding-All Sours $ $ $ (Tho k im was cmaW by The 6w*e OraW. Unaudxwtmd we is pr* ) �. Ennntlitures—Amounts Yj RMMU for 1W"f 1998 and 119N. Pisan Indicate your expwWkurres by ory to support local programming acivcti w Cao not Wchide{n4dre eervic" Matter . �ciitur�e Cat+ ry 1 NT 1 "'" 7 4 9 41 Personnel(wages, beneft,payroll tones,etc) $ �9, $ A $ 14 {7pe tions(rtsrrt istiiittes,supplies.etc.) $ .G or,o Capital(product on end office equipment) $ 41 $ $ Total EN?Lnditurw—All_Calegories $ $ $ Amount of above Total Expendtim used for each type of local pnograrwho aerVioe mart: Public A=M $ $ $ Educational Acoess $ $ $ Gavwnrnewrt Access $ �„ $ %' $ 1_o=IOrigination $ $ � $ 7. M40nd Serrvim and NMertsrierle —Sourow and Value tc►r 1997 1t1Wand 1989. Plea%describe the nature of any h-kind services and rnaterials pnw t d to support your local prograrmning activities,and indicans their soutce and value. Do not include any funding amounts Mare. 1997 Descripfion of in4Qnd Servk,*s and Materieft Source Value $ $ $ 1958 Desc pWn of to-tCind Servfts and Matt Mail Source Value $ $ $ 1989 Deeoription of In-Kind Sergi and Mawdais Smrce Valvae S 3 $ Pane 2 (This form was Created by The Buske Group. Unauthorized use is prohibited.) PMrwnMft-Sbkftfics for Each Channel : 1997,1M aO 1$11!9. A. Chennal Type: U te` .i (e.g., Public Aces, Educational Access,etc.) Channel Number on Cable System: . (ht M3 Ic n 1997 9998 1888 1. Total number of Muss(ir►cluding replays, excluding the t+er-gener d) 2. Number of locally produced,first-run hours 3. Number of imported,first-run hours 67 � B. Channel Type: (e.p.. Public Acres, Educational Access,etc.) Channel Number on Cable System: 1997 1998 1999 1. Total number of hours(including replays, excluding character-genera!) 2. Number of locally produced.first-run hours 3. Number of imported,first-run hours C. Channel Type: (e.g., Public Access,EducK*nai Access,etc.) Channel Number on Cable System: 1997 9989 1898 1. Total number of hours(irrluding replays, ----- excludirg character-genetwted) 2. Number of locally produced,first-run hours 3. Number of imported,first-run hours (Using the above fomet, please use an sftched sheet to report the programming statistics for each€eddliona(loci! pmgratmrrartg channel managed by your o rganWition.) 9. Proararnrng Schedules. (for Public, Educational,and Govemrwent Ate) Please aitch a wpy of your programming schedule or ft for each Access channel during the following months: - September, 1997 February 1998 October, 1M AAamb, 1999 June, 1999 August,1ON Please indicate the type of local programming channel that is represented on each schedule or log. Page 3 10. Ec,uipment Usage Level. Do you keep track of the use of your facility's equipment, including the number of hours of avaflable equipment time and the number of hours of actual use, by category of equipment? Yes No If Yes, please provide the following information: A. Studio(s) 49f7 i998 Ig9 Number of studios Total annual hours available- per studio Total annual hours used- per studio B. Editing Systems 1957 1998 Number of editing systems Total annual hours available- per system "Total annual hours used -per system C. Portable,Single Camera/VCR Units 1997 15 8 199 Total number of units Total annual number of check-outs (all units) 11. Training_Services Provided. A. Do you provide training classes in video production, media literacy, etc.? Yes No B. If Yes, please provide the following information. List the names of the training classes offered in 199 , the length of each class, the number of classes offered, the average number of enrollees per class, and the total number of people trained in 1999. No. of No. of Average 'Total No. Hours Classes No.of of People Per Offered Enrollees Trained Mass Ngmg C€aa}s _ in 1999 aQ Clasg in 1 9c 1. 2. 3. 4. 5. 6. 7. 8. Page 4 C. Please provide your current=l number of trained/certified producers. D, Please provide a copy of your training curriculum and any associated handouts. 12. Operating Rules and_Procetlures. Please provide a copy of your current Access operating rules and procedures. 13. Access JLgers. A. Please provide a list of the organizations, schools, colleges and universities, and divisions of local government which have used the Access resources and services provided by you in 1958 and 1995. 0".A-1 B. Please estimate the number of individuals (not affiliated with any of the above groups) who used the Access resources provided by you in 1998 and 1999. 1998: A/141r _ 1999: ALE 14. Other Access Services. Please describe any other Access services you provide, such as outreach, newsletter, promotion, etc. Attach a copy of examples of such services where appropriate (e.g., a newsletter). Attach additional pages a4 need } � t 15. Eguiament ResourceQuantity and TyRe. Attached is a series of worksheets regarding equipment and facilities. Please complete the sheets as thoroughly as possible. If you do not have the make and model of equipment available, please fill out the remainder of each sheet. THANK YOU VERY MUCH FOR YOUR ASSISTANCE. _ Name: j, 'i l lip Phone: . (U5�- 313- W b Organization: Address: City/State/Zip: Page 5 et _ VIDEO FACILITY INVENTORY - {OVERVIEW Facility is used for: Public Access Educational Access (check all that apply) Government Access Local Origination WWM0"6KMN1WNMWXft� I kL (NOTE: THIS IS A PROPRIETARY DOCUMENT- UNAUTHORIZED USE IS PROHIBITED) INSTRUCTIONS: Please complete the Video Facility Inventory pages as thoroughly as possible. List each piece of equipment only once, even though it may be used for multiple purposes. (For example, list an editing system's equipment that is located in the studio control room under the Studio Production Equipment" heading on the appropriate attached form.) If a piece of equipment has multiple functions, list it under the heading which most closely describes its primgry location or function. Make a copy of any page that does not include enough space to include all of your equipment packages (e.g., copy the following page if you have more than five camcorders or portable VCR/camera systems). IF AVAILABLE, PLEASE PROVIDE A COMPLETE COPY OF YOUR PRODUCTION EQUIPMENT INVENTORY. A. Normal Hours of Operation for Facility (e.g., 9 a.m. to 9 p.m.): Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: B. Is this facility's video production equipment used only for activities related to the creation of programs for cablecast on an Access channel? Yes (If"Yes,"go to item C, below) No If no, how many hours is this facility used during an average week for marketing/advertising production, creation of programs for a Local Origination (L.O.) or Leased cable channel, or for any purpose other than the creation of programs for cablecast on an Access channel? Marketing/Advertising Production: hours/week L.O. or Leased Production: hours/week Other Purposes" hours/week (*Describe: C. Coes your organization own or lease the facility space? Own � Lease D. Please provide the following information about the facility. 1. Total square footage: square feet 2. Meeting/ConferencefTraining Room Size (feet): 10� q# x 11 (0 3. Number of offices: 4. Number of editing rooms: 5. Estimated replacement cost of ALL production equipment in the facility: $_560, -2- - VIDEO FACILITY INVENTORY - PGRrABLE SINGLE CAMERA VIDEO PRODUCTION SYSTEMS (If more than rive portable systems, make enough copies of this page to include each portable system) !tern ff Mrake Made! Quality Level* Condition** Age(Years) System#-L Camera VCR �itwVL --5 Camcorder (Format:*.- AS-VHS Cl VHS © DV 1 DVCAM 1 DVCPRO Betecam Other; } System#-, Camera J-VC" ., '-"C — ! -1q -1: G VCR Camcorder (Format: .' D S-VHS C1 VHS D DVI DVCAM I DVCPRO Betecam Other.• } System# Cameral#` VCR Camcorder (Fonnat: 0 W S-VHS ❑ VHS U DV 1 DVCAM 1 DVCPRO ❑ Betacem Other.- System#„ Camera VCR Camcorder (Format: D w 0 s-VHS ® VHS ❑ DVI DVCAM I DVCPRO C:i Betacam ❑ Other.- } System# Camera VCR Camcorder (Format. J !" 13 s-VHs d VHS ❑ DVI DVCAM I D VCPRO L3 Betacem D Other.• } Number of Portable'tripods: � Condition": Age(years): Number of Extra Battery Packs: Condition*": Age(years): Number of Portable Lighting Kits: � Condition*": Age(years): Number of Microphones: Condition": Age(years): B-Broadcast, i g Industrial/Professional, C x Consumer `* E=Excellent, G=Good, F:Fair, P a Poor - � o VIDEO} FACILITY INVENTORY VIDEO EDITING SYSTEMS (NOT IN STUDIO CONTROL ROOM) (if more then two editing systems, make enough copies of this page to include each editing system) - Item Make/Model Quality Level Condition" Age (Years) System #_L Video Player 1 - Video Player 2 Video Recorder Edit Controller FAST ®..._ _ Video Monitor mf^ �� oc k- Extu-�V�, _ A Video Monitor ��6 t»f ock X f-t`► t ___A_.__ F Video Monitor TO Sk ba " -tl ruin E C.GJGraphics Atr iQo, CD 32. Switcher - - -- Audio Mixer TBC(s) CD/Tape Player Microphone (Video Player Format(s): )2(3:" g S-VHS �Z(VHS ❑ DV f DVCAM{DVCPRO ❑ Betacam ❑ Other ) - (VideoRecorderFormat: XY.- 4S-VHS AVHS ❑ DV/DVCAM!DVCPRO ❑Betacam ❑ Other. - -___) System# G. Video Player 1 jvC - S-0.0 tk r92 _ ---- Video Player 2 - — Video Recorder Mm a Edit Controller C- _ 8,to C-7 R ~ d R _ jf� .� Video Monitor - :If " i";0Is()I Video Monitor CT\)(. _ — _ I t3 Video Monitor I� _ C.G./Graphics 1� t -- - - Switcher �J — Audio Mixer TBC(s) ? 2-DO T- blw - CD/Tape Player b,aCEwa'vox - -- Microphone Video Player Format(s): ❑ Y..' ,4S-VHS X VHS ❑ DV/DVCAM 1 DVCPRO ❑ Betacam ❑ Other: } (Video Recorder Format: ❑ %" XS-VHS A VHS ❑DV/DVCAM/DVCPRO ❑Selacam ❑ Other. ) B=Broadcast, i=industrial/Professional, C=Consumer E=Excellent, G=Good, F=Fair, P=Poor ................................................... -4- VIDEO FACILITY INVENTORY STUDIO PRODUCTION FAvury (If more then one studio, make enough copies of this page to include each studio) Studio# '}} Nt Studio Dimensions(feet): 26 Length x `. Width A 3 (He€ght b0k, --M }{ (+est Is there a lighting grid installed in the Studio Production Facility? �I No )9 Yes -► Number of Studio Lighting Instruments: Condition*: Age (years): 5 of Type of Lighting Control System: Dimmer Controls tin/©ff Switches Is there a separate Set Storage Roam? No t Yes -► Dimensions(feet): Length x Width x Height Number of MicrophonelAudio Cutlets in Studio: Is there a Studio Monitor? No )(Yes Make/Model: . kIrT...L 2-710 Condition": Is there a Studio Cyclorama or Curtain(s)? No Yes - Condition": Do you use an Intercom System in the Studio Production Facility? ZI No Yes -► Number of headsets: Condition': Age (years): 5 , , Studio Control Room Dimensions (feet): ) ( } ��� Length x �.�:-1..., Width x � � Height Are Studio Control Room facilities also reavired for videotape playback on the channel(s)you manage? CI Yes XNo Can programs be cablecast jjM from this Studio Production Facility? Yes C3 No E s Excellent, G a Good, F x Fair, P=Poor 5- VIDEO FACILITY INVENTORY SwDjo PRODUCTIQN EQUipmENT (if more than one studio, make enough copies of this page to include each studio) Studio# Make/Madel Quality Level* -Condition** Age{Years} Camera#1 J:VL 89-- q z-Z Carrera#2 1AL— 3-C �L� Camera#3 Carrera#4 Tripods (quantity: ) -C) t2norz` Hi tel"oL%4M ` l VCR#1 i , t1 4L22 a VCR#2 9k. -,S&29 Lk VCR#31Q1 . __ VCR#4th t�c��1� � " �� qM 6 (indicate Studio VCR Farmat(s): 'l++" S-VHS ,i,VHS DV I DVCAM I DVCPR© Betacam 0 Other. Production Switcherl5i= �- �,,///// ``"` 67 TBC#1 tJi TBC#2 } - ' Edit Controller C.G./Graphics Unitt,ga r Color Monitors (quantity: ) BlW Monitors (quantity: ) r�Gt ;71 —r Waveform Monitor - : r Irl� /73- 0 Vectorscope /7Z( Audio Mixer CD/Tape Player7c� � t , Hand Mics (quantity: Lavaliere Mics (quantity: ) -~ B=Broadcast, !=industrial/Professional, C=Consumer "" E=Excellent, G=Good, F=Fair, P=Poor -6- VIDEO FACILITY INVENTORY PORTABLE OR MOBILE MULTIPLE CAMERA FIELD PRCIDUCTION EQUIPMENT Installed in Vehicle? ANo ZI Yes (If Yes, Vehicle year/makelmor}el: } Dedicated*Camera Cables: How Many? Total Length: Feet Dedicated*Audio Cables: How Many? Total Length: Feet *"Dedicated"means that the items are used only with this multiple camera field production equipment package. - Item Make/Model ualltv.Level* Conte,ition** Age(Years) Camera#1 Camera#2 Camera#3 Carrera#4 Tripods (quantity: } VCR#1 VCR#2 -- VCR#3 ondicate'VDRFormet(s): 0 1" U S-VHS C1 VHS El DVIDVCAMIDVCPRp Ca setacam D Other. � Production Switcher/SEG TBC#1 TBC#2 Edit Controller Color Monitors (quantity: } B/W Monitors (quantity: } C.G./Graphics Unit Waveform Monitor Vectorscope Audio Mixer CD/Tape Player Audio Snake (quantity: } Microphones (quantity: ) * B a Broadcast, 1=industrial/Professional, C Consumer *` E it Excellent, G a Good, F=Fair, P=Poor 9 f VIDEO FACILITY INVENTORY MASTER CoNrROLIPLAYBACK FACfL17Y AND EQU pmavT Is this a dedicated Playback Facility? (e.g., equipment is notsharedwith studio control room package) XYes L3 No Master Control/Playback Facility Dimensions (feet): Length x -'7:> Width Number of Channels Controlled: i Do you have live programming capability? No ,X Yes,can go live via: /V Studio Microwave El Cable Return Feed ) Satellite EI Other: Playback Facility Item Make./Model Quality Level* -Condition Age!Years} Videocassette Player#1 saw f'W- �1� �� Videocassette Player#2 t �J --r � -- Videocassette Player#3 Videocassette Player#4 _ lr�, k "8( 7 UA _ r Videocassette Player#5 J-yc - 18p, " 8 LZ d Videocassette Player#6 Videocassette Player#7 Videocassette Player#S Videocassette Player#9 Videocassette Player#10 Videocassette Player#11 Videocassette Player#12 (Videocassette PlayerFormat(s): dpi:" 4S-VHS Q VMS ❑ DVfDVCAM/DVCPRO Q Betacam 01 Other �) Automated Playbac Controller T Lmgt Manual Switcher EG /VA _ TBC(quantity: "�' ' �_ . _ a_ ---� l'CtY,�,, t �� Color Monitors (quantity: S } ��� (`�'� Y(r �„ � f`' � 1 B/W Monitors (quantity: ) C.G./Graphics Unit ' _':z Waveform Monitor M-- --�-�- �- Audio Mixer CD/Tape Player OctiwY6 rV 72..-:22 Jc B=Broadcast, 1=lndustrialfProfessional, C=Consumer * E=Excellent, G=Good, F=Falr, P=Boor VIDEO FACILITY INVENTORY ViEwiNGIDUBBING EC?UIpmENT Is there a dedicated Viewing/Dubbing Area? (i.e., not used for any other purpose) No ❑ Yes -► Dimensions (feet): Length x Width Do zo ave dedicatedViewing/Dubbing Equipment?(i.e., not used for any other purpose) ❑ Yes (If Yes, complete this page) Number of Viewing/Dubbing Stations: Age of VCRs: @ years @ years @ years @ years Viewing Equipment Formats: 03/." ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Dubbing Capabilities: 3l" -to: ❑ 3/." ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: S-VHS -to: ❑ 3l" ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: VHS-to: ❑ 3/." ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: DV i DVCAM I DVCPRO-to: ❑ 3W ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Betacam -to: ❑ 31" ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Other( }-to: ❑ iw ❑ S-VHS ❑ VHS ❑ DV I DVCAM 1 DVCPRO ❑ Betacam ❑ Others: Do you have a video projection system? ❑ No ❑ Yes (!f Yes, describe below) Make/Model: Age (years): _g VIDEO FACILITY INVENTORY MAINTENANCE AND TEST EQUIPMENT i Annual budget for outside equipment maintenance: $ e Annual budget for spare/replacement parts: $ 3, 666 Do you conduct in-house maintenance? ❑ No Yes (if Yes, complete this page) Is they a dedicated Maintenance Area? (i.e., not used for any other purpose) ANO ❑ Yes -+ Dimensions (feet): Length x Width Doohave dedicated Maintenance and Test Equipment? (i.e., not used for any other purpose) ❑ Yes (/f Yes, continue) Waveform Monitor? ❑ No ® Yes Condition*: Age(years): Vectorscope? ❑ No ❑ Yes Condition*: Age(years). Dual-trace Oscilloscope ? ❑ No ❑ Yes Condition*: Age (years): Camera Test Charts? ❑ No ❑ Yes Condition*: Age (years): VCR Adjustment tools(e.g.,tape tension gauges, etc.)? ❑ Yes ❑ No Condition*: Age (years): Other maintenanceltest items (describe): E Y Excellent, G=Good, F=Fair, P=Poor - 10- VIDEO FACILITY INVENTORY TRAwNG FActuTy Is there a dedigated Training Area?(i.e., not used for any other purpose) ,No Q Yes -► Dimensions (feet): Length x Width Do you have dedicated Training Equipment?(ie., not used for any other purpose) , No Yes (1f Yes, continue) Portable single camera production equipment(describe): Video Editing Equipment(describe): Multiple Camera Production Equipment(describe): Video Graphics Equipment(describe): Other(describe): VIDEO FACILITY INVENTORY ELECTRONIC GRAPHICS PRODUCTION EQUIPMENT Is there a dedicated Electronic Graphics Production area? (i.e., not used for any other purpose) El No l Yes -► Dimensions (feet): Length x Width Do you have edit ted Electronic Graphics Production Equipment? (i.e., not used for any other purpose) 0 No Yes (If Yes, describe below) A al X - 12- VIDEO FACILITY INVENTORY REmoTE-CONTROLLED PRODUCTION EQUIPMENT(COUNCIL CHAMBERS OR MEETING Room) (if more than one, make enough copies of this page to include each location) Location of Remote-Controlled Production Equipment Package: x r Equipment is used for(check all that apply):XGovemment Access Q Educational Access Public Access Item Make/Madel Quality Level"' -Condltipri" Age(Years) Cameras (quantity: } _-[h A �_ ffjJ Camera Controller(quantity: } t trf' 1l Camera Mounts (quantity: } (Indicate Camera Mount type(s): Tripod *Wall G Ceiling Cl Pedestal C other. ) VCR#1 VCR#2 VCR#3 VCR#4 (indicate VCR Format(s): E3 35" S-VHS Ci VHs 0 DV I DVCAM I DVCPRo Cl Betacam L3 other: } Production SwitcherlSEG '1 bx r sw4der TBC#1 -� A TBC#2 Edit Controller C.G./Graphics unit Color Monitors (quantity: } 0_ B/W Monitors (quantity, } Waveform Monitor Vectorscope Audio Mixer PJA CD/Tape Player Microphones (quantity: } r S=Broadcast, i a Industrial/Professional, C=Consumer *" E a Excellent, G=Good, F=Fair, P=Poor 1 n P P � O .. � � � .� � H N !a�; n r � tr :u•� 1 yr .0 i d i N + /F 60 m P P � '�.,`_ ' C I � m i s A 1 11 OR 79 " E•�� � � If1 U i � � � � l � j to -Z-1 U 1 m 1 G r C6 , }� 'X '' _ ; 3 i5 Lj u fIL v .'us u I x_ ! �r`� „ lu L6 tm m v o tU.?i U CUJ S ! 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Z z 'z 'z I I '�. {O•', r3 OTIE II � { i CCTV Government Access Users: ♦ Educational Users ❑ Organizations Local Government s California State University, Hayward ♦ Contra Costa College ♦ Diablo Valley College Los Medanos College ♦ Mount Diablo Television a The Brentwood Center ♦ The Center for Higher Education ❑ ABAG ❑ Access for Infants and Mothers ❑ AT&T Cable Services ❑ Breast Cancer Partnership ❑ California Channel ❑ California Farm Bureau Federation ❑ California Highway Patrol ❑ CalWorks ❑ Contra Costa CAER Commission ❑ Contra Costa Chamber of Commerce ❑ Contra Costa Counsel Small Business Task Force ❑ Contra Costa Fire District ❑ Contra Costa Newspapers ❑ CTV ❑ East County Depot for Creative Reuse ❑ Environmental Protection Agency ❑ FEMA ❑ George Miller Center ❑ League of Women Voters ❑ Lynn Leach's Office ❑ NASA ❑ National Education Association ❑ National Park Association ❑ PIRA ❑ Richard Rainey's Office ❑ San Jose Sheriff's Department ❑ SERC ❑ The New Leaf Treatment Center ❑ The US Department of Education ❑ Town of Danville • US Navy& Marine Corps ❑ West Contra Costa Unified School District's Parent/Family Centers ................. ............................... ❖ Contra Costa County Departments: AIDS Program Animal Services Arts & Culture Commission Board of Supervisors Building Inspection Department Childcare Development Childhood Immunization Program Community Development Community Substance Abuse Services Community Wellness and Prevention County Clerk/Recorder Countywide Youth Commission Department of Agriculture Department of Emergency Services District Attorney's Office Office of Education Family Law - Fire Protection Hazardous Materials Program Health Services Health Services, Division of Mental Health Health Services, Hazardous Materials Health Services-CCRMC Library Mosquito Vector Control Office of the County Administrator Office of the Sheriff Property Conservation Division Public Health Public Health Communicable Disease Programs Senior Information and Referral Program Sheriff's Office Administration Solid Waste Authority Substance Abuse Commission Veterans Services ➢ This information was gathered from our 1997 through 1999 Grant Distribution Lists,program guides, and CCTV contact lists. It may not be all-inclusive,but gives a good representation of who uses our resources and services. CONTRA COSTA TELEVISION {CCTV} OPERATING POLICY AND PROCEDURES c4ctv MISSION : Contra Costa Television (CCTV), A Governmental/Educational Access channel, is a public service of the Board of Supervisors committed to producing and televising quality programming on issues of county wide interest or concern. A. PURPOSE OF ACCESS AND ELIGIBILITY 1. Government Access is intended to make cable available for use by local governments. Access is made available upon requests submitted in accordance with the established criteria and procedure herein, to: a. Local government bodies and agencies (other than educational) located in Contra Costa County for use in connection with official government activities. b. State and Federal government bodies and agencies (other than educational) for use in connection with their official government activities that affect the interests of the citizens of Contra Costa County. C, Officials and representatives of the above for use in their official government activities. This includes State and Federal legislators who represent the districts in Contra Costa County. However, use of government access for political advertising or to promote or - oppose a candidate for public office is not permissible Government Access use. 2. Education Access is intended for use by local public educational institutions for transmission of instructional programming and other educational purposes. Access is made available, upon request submitted in accordance with the criteria and procedures herein, to: a. Educational institutions and authorities located in Contra Costa County. b. State educational authorities and agencies. C. Officials and representatives of the above. The purpose of the use must be transmission of public, instructional programming or further other educational purposes. - _................................................. ..................................................................................................................... B. GOVERNMENTAL I EDUCATIONAL. ACCESS REQUESTS I. Request for use of CCN airing time, facilities or equi2ment Requests must be made in writing by an eligible applicant to the Executive Director of CCTV. Program requests should be made on Form A (attached). 2. Charge for use of airin,o time, facilities or equipment CCTV will not charge eligible applicants for the use of channel time, facilities or equipment when the applicant is producing a program for airing on the Governmental/Educational Access channel. C. PROGRAM REVIEW 1. Review Criteria: Programs submitted from eligible applicants for airing on CCTV will be evaluated to determine if the proposed program is: a. of countywide interest, b. of a governmental or educational nature, C. of broadcast quality, and d. within acceptable community standards and mores. D. PROGRAM CONTENT 1. Content Criteria - Program content will be reviewed for the following: a. The program shall contain no obscene or indecent matter; b. The program shall contain no libelous or slanderous matter; C. The program shall contain no matter, the use of which is subject to copyright, except where the applicant demonstrates compliance with applicable laws; d. Except as provided in "f' below the program shall contain no commercial matter. "Commercial matter" shall include: (1) any advertising material designed to promote the sale of any products or services, including advertising by or behalf of candidates for public office; (ii) any audio or visual reference to any business enterprises, service or product for which any economic consideration was received by anyone in exchange for the display, announcement and/or reference to such business, enterprise, product or service, or (iii) any material used or designed for use to solicit funds, support or other property of value, directly or indirectly, for any business or enterprise for commercial purposes, or for any political party or candidate for office; and e. The program shall contain no advertisement of or information concerning any lottery, gift enterprise, or similar scheme offering prizes drawn or awarded by means of any such lottery, gift enterprise or scheme, whether said list contains any part or all of such prizes. 2 f. It is recognized that grants and/or other types of support may be made available to individuals, groups or entities for the purpose of underwriting the cost of production. In such instances, a standard "patron's acknowledgment" may be placed at the end of the.subject presentation (e.g., "This program was made possible by a contribution from the XYZ Corporation"). E. USE OF PRODUCTION FACILITIES AND EQUIPMENT 1. Scheduling Use of the Production Facility and/or Equipment Fallowing approval by the Executive Director of CCTV of a request to use the facility or equipment, and subject to availability, the Production Manager will be responsible for scheduling the use of the facility and equipment on a first- come, first-serve basis. Users will be required to sign the appropriate form(s). (See Form "B" and "C" attached.) 2. Responsibility for the Facility and or Equipment The individual or group using the facility will bear all costs for repairing any damage done to them facility during their use. The individual or group checking out the equipment will bear all costs of the equipment must be repaired or replaced due to damage, theft or abuse. CCTV may refuse to allow use of the facility or equipment to individuals or groups who have misused the facility or equipment. Failed to return equipment on time, or in any way abused the privilege. 3. Rental of Facility: In the event, groups other than governmental or educational request use of the facility to produce programming or an eligible governmental or educational group requests use of the facility to produce a program which can not be aired on CCTV, either group will be subject to procedures detailed in the County Administrative Bulletin entitled "County Services" No.3.1 dated 10/9/74 including any subsequent amendments thereto. These groups will be required to pay the appropriate rental fees and sigm the "Temporary Permit to Use County Facility" Form. ( See attached.) F. CCTV SERVICES 1. Tape Duplication- One to three copies of a tape can be duplicated by CCTV. (See "Rate Card." 2. Production Services: CCTV is available to provide production services on an "as available " basis. A production agreement will be drafted and signed by both parties and reviewed by County Counsel. A reasonable rate, sufficient to cover County costs and overhead will be charged. 3 ........................................................................ G. ELECTION COVERAGE Within an election cycle, 45 days immediately before a primary election or 60 days immediately before a general electron on which a candidate/issue may appear, only independent, inclusive events which cover or affect a large portion of the County may be aired where: 1. all candidates/sides are invited to participate; 2. An independent moderator leads the program; 3. Questions are not pre-screened unless the event is covered live; (For live coverage, indecent or obscene questions cannot be aired.) and 4. The event is open to the public with occasional restrictions due to limited space. H. APPEALS PROCESS 1. Written Appeal: In the event an applicant wishes to appeal the decision of CCTV's Executive Director to deny the request can be made within ten days after the initial request has been denied to the County Administrator with a copy to CCTV's Executive arrector. If the County Administrator denies the appeal, a written appeal for review of the request can be made within ten days after such subsequent denial to the Board of Supervisors with a copy to the County Administrator and CCTV's Executive Director. 4 Form "A" ctv Program Airing Request Application for Cablecast on Contra Costa Television (CCTV) Name ofApplicant: Address of Applicant: Home Telephone: Business Telephone: Name of group, organization or other entity on whose behalf application is made, if any: Use of Community Channel is requested on: 1 st Choice (date) (time) (length of program) (number of weeks) 2nd Choice ! / / (date) (time) (length of program) r (number of weeks) 3rd Choice (date) (time) (length of program) (number of weeks) Description of Program: Applicant hereby applies to CCTVfor use of the Govemmental/Educational channel,on the following terms and conditions: i. Applicant is submitting with this application a prerecorded program which Applicant desires to have cablecast. 2. Applicant represents that he has read CCTV Operating Policy and Procedures,and hereby agrees to abide by the terms and conditions contained therein. 3. Applicant represents that he is aware of the restrictions on"Program Content"set forth in Section D of the CCN Operating Policy and Procedures and represents that the program does not violate any of those restrictions. - 1 - 4. Applicant represents that he has made all appropriate arrangements with,and has obtained,without limitation,all necessary licenses and/or clearances from broadcast stations,sponsors,music licensing organizations,performers'representatives,copyright holders and any and all otherpersons(natural or otherwise)as are necessary to lawfully transmit program material over CCTV's Channel. 5. If the cablecast contains copyrighted material,attach title of copyrighted works,names of authors and/ or composers and documentation showing clearance from the copyrighted owner and/or licensing agent. 6. Applicant hereby agrees to defend,indemnify and hold CCN harmless from any and all loss,liability, damage or other injury(including the reasonable costs of litigation or the defense of any claim)CCTV may suffer as a result of claims, demands, costs or judgment against CCTV arising out of or in connection with Applicant's use of CCTV's channel, including,but not limited to,the failure to comply with any applicable local,state or federal laws,rules,regulations or other requirements;any claim for libel,slander orthe invasion of privacy;any claim of infringement of common law or statutory copyright; any claim for the unauthorized use of any trademark,trade name or service mark;any claim for breach of contractual or other obligations owing to third parties by CCN and for any other claim. 7. Applicant herebywaives any claim or right against CCTV resulting from the loss,destruction ordamage to any videotape submitted byApplicant or resulting from the failure or refusal to cablecast the videotape or cablecast it at the scheduled time. Further,Applicant hereby releases CCTV from all such claims. Applicant hereby represents that the videotape submitted by him has no economic value otherthan the value assigned the videotape on which any information is recorded. 8. Further,Applicant understands that its NAME and MAILING ADDRESS WILL BE MAINTAINED at CCTV's offices and may be made available to members of the public, including governmental agencies, upon reasonable request therefor.Applicant hereby consents to the release by CCTV of Applicant's name and mailing address to any members of the public, including any governmental agency. (Applicanrs Iniklals) Applicant Signature date CCTV's'Production Manager Date - 2 - FVRiY' rrBro _... EQUIPMENT USAGE AGREEMENT The borrower has inspected the equipment listed on the attached form and has found it to be in proper working order accept as expressly noted below. In return for the use of this equipment free of any change, the borrower or borrowing organization agrees to completely reimburse Contra Costa County Community Access monies for the cost of any repairs, including charges for parts, which are necessitated by any damage to the above equipment occurring during the time it is in the borrower's possession, if the damage, in the sole judgment of the CCTV Production Manager,is due to negligence or intentional damage on the part of the borrower. Additionally, if any piece of equipment checked out to the borrower is lost, stolen or damaged beyond repair due to negligence or intentional damage on the part of the borrower or borrowing organization,they hereby agree to reimburse the Contra Costa County Community Access Fund for the full cost of replacing that piece of equipment. If any piece of equipment checked out to the borrower is lost, stolen or damaged while in the borrower's possession or control under circumstances covered by insurance carried by the borrower, borrower hereby agrees to cooperate with Contra Costa County Cable TV Administration Office in filing appropriate claims for repairs or replacement of the equipment with borrower's insurance carrier. It is also understood that the equipment will only be used for the project specified on the equipment request form. It is understood that equipment cannot be used in violation of any law including the U.S.copyright laws. It is also understood that equipment cannot be used in any way for personal profit or remuneration. All defects in equipment must be reported directly to Cable TV Administrator. Failure to comply with all provisions of this agreement can result in the loss of future use of County equipment. Borrower's Signature Department Date (CCTV)Video Unit Supervisor Date Comments regarding the condition of equipment upon check-in by a staff member: Staffs Signature Date Form "C" Ccty TEMPORARY PERMIT TO USE COUNTY FACILITY Permission to use County facility shown in red on the attached drawing for the purpose of is hereby given to the undersigned Permittee subject to the following terms and conditions: 1. Use of the facility shall commence on and end on and upon receipt of rental fee of inthe form of a certified check or money order payable to Contra Costa County-CCTV and delivered to the Franchise Administrator or designee prior to the day of rental. 2. This permission shall not be transferred or assigned without the prior written consent of the County. 3. Upon termination of this permit, Permittee agrees to restore the facility to the condition it was prior to their use and to leave the premises in neat, clean and orderly condition. Upon failure so to do, work may be performed by the County at Permittee's expense,which expense Permittee agrees to pay to the County upon demand'. 4. Permittee agrees to repair or replace at Permittee's expense any damages to the facility or equipment that may occur due to the Permittee's use of the facility. 5. Permittee certifies that the programming produced using this facility will not be obscene and otherwise, in any manner, in violation of any applicable laws. 6. Permittee agrees to defend,indemnify and hold harmless the County,its boards,commissions,officers,and employees from any and all claims, demands, costs, damages, losses, actions, causes of action or judgements which County may pay or be required to pay by reason of any damage, injury or death to any person or property suffered by any person,firm or corporation arising out of or in connection with Permittee's use of CCTV's facility. 7. Permittee agrees to provide the County with a certificate of insurance from their insurance carrier prior to use of the facility showing single limit liability insurance coverage in the minimum amount of$500,000.00 with a rider showing that said insurance will cover the premises herein described and naming the County, it's officers,employees and agents as additional insured and requiring thirty(30)days written notice of policy lapse or cancellation. 8. Occupancy and use of the facility is subject to the execution and approval of this agreement which should be delivered to the Franchise Administrator. 9. This permission may be revoked or suspended if justifiable complaints of "nuisance" (e .g. dust, noise or invasion of privacy) are received from occupants or owners of nearby facilities or in the event of a breach of any of the terms and conditions herein, or in the event that the Permittee uses the facility for any purposes not expressly specified in this permit. PERMITTEE CONTRA COSTA COUNTY By: Date: Date: c. In urgent and immediate situations approval may be granted by the County Administrator, subject to later confirmation by the Board of Supervisors, regardless of the value of the services and/or equipment involved. The Office of the County Administrator shall work out procedures with county departments where necessary so that flexibility of action is passible and delays may be avoided. Information on the cost of supplying regular or extended county services will be provided by the Office of the County Administrator utilizing current, comprehensive cost data. County employees and officials should avoid quoting information on the cost of county services. Reference. Resolution Number 1077 and Number 1078 dated July 24 , 1962 Resolution Number 74/799 dated September 3, 1974 /s/ Arthur G. Will County Administrator _2_ .._.............................................. Office of the County Administrator Number: 103 . 1 Date: 10x-9-74 Section: General SUBJECT: County Services County officials and department heads are occasionally asked to provide services or facilities under their control to other . organizations, both governmental and non-governmental. County policy concerning the provision of services, space, and equipment is as follows: Non-governmental agencies . Space, services and/or equipment may be made available if the following conditions are met: I . The request is made in writing to the Office of the County Administrator. 2 . Legality of the request is verified. 3 . Approval is granted by the Board of Supervisors after recommendation by the County Administrator. 4 . County costs, including overhead, are fully reimbursed. Governmental agencies. Individual requests, as contrasted to continuing arrangements under authorized Joint Powers Agreements, may be honored if the following conditions are met: 1 . Requests are made in writing to the Office of the County Administrator. 2. .Approval of the County Administrator is obtained in the case of jurisdictions governed by the Board of Supervisors. 3 . Approval is obtained from the County Administrator or Board of Supervisors, in the case of jurisdictions outside the control of the Board, as required by the following criteria: a. Approval by the County Administrator when the value of the service and/or equipment does not exceed $1,000. b. . Approval by the 'Board of Supervisors when the value of the service and/or equipment exceeds $1,000 . �.l LOCAL PROGRAMMING QUESTIONNAIRE (NOTE: THIS IS A PROPRIETARY DOCUMENT- UNAUTHORIZED USE IS PROHIBITED) 1. Type(s) of Local Programming Services Provided. (Public Access [P], Educational Access [E], Government Access [G], and Local Origination [VO]) P _ E G — L/O 2. Number and Types of Channels Programmed. P _ E G _ UO _ Combined P-E Combined P-G Combined E-G _ Combined P-E-G _ Combined P-E-G-UO ._ Other (Please Describe) 3. Number of Staff Assigned to—Access— and Local Oriaination Activities. Full Time I _ Part Time 4. Allocation of Above Listed Staff Time by Type of Service Provided. (e.g., 2.5 for Public Access and 0.5 for Government Access; 1.5 for Educational Access and 1.0 for Local Origination) Public Access Educational Access Government Access Local Origination 5. Funding-- Sources and Amounts for 19%7- 1998 and 1999. Please indicate the funding amounts received from each source to support your local programming activities. Do not include "in-kind"services and materials. Funding Source 1997 1998 Cable Company (for capital purchases) $ $ $ Cable Company(for operating costs) $ _ $ $ Government-Dedicated Franchise Fees $ $ $ Government-General Funds $ 126�_ 301 $ , a��' 3u,©oo $ '- Institutional Funds $ $ $ Memberships $ $ $ Contributions $ $ $ Grants $ $ $ Other (Please list) $ $ $ $ $ $ $ $ $ Total Funding =All Sources $ $ $ Page 1 .__._.......................... 6. Expenditures -- Amounts by Category for 1997, 1998 and 1998. Please indicate your expenditures by category to support local programming activities. Do not include"in-kind"services and materials. Expendlture Cat gory 1997 '199 1999 Personnel(wages, benefits, payroll taxes, etc.) $ $ $ Operations (rent, utilities, supplies, etc.) $ $ $ Capital(production and office equipment) $ $ $ Total Ewenditur s--All Categories $ , "0-3D,000 $ 4,5-- 36,0 a 4 $ �5 20,0 o Amount of above Total Expenditures used for each type of local programming service managed: Public Access $ S,Dou-3'0,oaa $ s'-3 Ont? $ ,�;34�a0 L i Educational Access $ $ $ Government Access $ $ $ Local Origination $ $ $ 7. In-Kind Services and Materials -- Sources and Value for 1997, 1998 and 1999. Please describe the nature of any in-kind services and materials provided to support your local programming activities, and indicate their source and value. bo not include any funding amounts here. 1997 description of In-Kind Services and Materials Source Value $ $ $ 1998 Description of In-Kind Services and Materials Source Value $ $ $ $ 1999 €3escrblion of In-Kind Services and Materials Source Value $ G� $ $ $ Page 2 8. Programming Statistics for Each Channel Managed: 1997, #998 and 1999. A. Channel Type: -- - c,0 0 l'A(Jrvn f:4 7"" (e.g., Public Access, Educational Access, etc.) Channel Number on Cable System: Q 5 1997 1 1999 1. Total number of hours (including replays, ' excluding character-generated) 2. Number of locally produced,first-run hours 00 3. Number of imported, first run hours ,AM B. Channel Type: (e.g., Public Access, Educational Access,etc,) Channel Number on Cable System: 1997 1998 1 a 1. Total number of hours (including replays, excluding character-generated) 2. Number of locally produced, first-run hours 3. Number of imported, first-run hours C. Channel Type: (e.g., Public Access, Educational Access, etc., Channel Number on Cable System: 19 7 1998 19K 1. Total number of hours (including replays, excluding character-generated) 2. Number of locally produced,first-run hours 3. Number of imported,first-run hours (Using the above format, please use an attached sheet to report the programming statistics for each additional local programming channel managed by your organization.) 9. Programming Schedules. (for Public, Educational, and Government Access) Please attach a copy of your programming schedule or log for each Access channel during the following months: September, 1997 February 1998 October, 1998 March, 1999 June, 1995 August, 1999 Please indicate the type of local programming channel that is represented on each schedule or log. Page 3 10. Eguipment Usage Level. Do you keep track of the use of your facility's equipment, including the number of hours of available equipment time and the number of hours of actual use, by category of equipment? Yes No If Yes, please provide the following information. A. Studlo{s} 1997 1998 1999 Number of studios Total annual hours available- per studio Total annual hours used-per studio S. Editing Systems 1997 1999 1 9 Number of editing systems Total annual hours available- per system Total annual hours used -per system C. Portable, Single Camera/VCR Units 1337 1998. 1999 Total number of units Total annual number of check-outs(all units) 11. Training Services Provided. A. Do you provide training classes in video production, media literacy, etc.? Yes _No B. If Yes, please provide the following information. List the names of the training classes offered in 1999, the length of each class, the number of classes offered, the average number of enrollees per class, and the total number of people trained in 1999. No. of No. of Average Total No. Hours Classes No.of of people Per Offered Enrollees Trained Class Name Class in 1999 Per Class in 1929 1. 2. 3. 4. 5. 6. 7. 8. Page 4 C. Please provide your current total number of trained/certified producers. D. Please provide a copy of your training curriculum and any associated handouts. 12. Operating Rules and Procedures. Please provide a copy of your current Access operating rules and procedures. 13. Access Users. A. Please provide a list of the organizations, schools, colleges and universities, and divisions of local government which have used the Access resources and services provided by you in 1998 and 1999. B. Please estimate the number of individuals (not affiliated with any of the above groups) who used the Access resources provided by you in 1998 and 1999. 1998: 1999: 14. Other Access Services. Please describe any other Access services you provide, such as outreach, newsletter, promotion, etc. Attach a copy of examples of such services where appropriate (e.g., a newsletter). Attach additional pages as needed. 15. Equipment Resources --Quantity and Type. Attached is a series of worksheets regarding equipment and facilities. Please complete the sheets as thoroughly as passible. If you do not have the make and model of equipment available, please fill out the remainder of each sheet. THANK YOU VERY MUCH FOR YOUR ASSISTANCE. Name: 4,0 1)''c Phone: Organization: i fixy (0 ns c a'4 Address: .�'� o 104f--t-r, f19S /, City/State/Zip: C �"f c�c nv1'. -C4 9 f's y f Page 5 VIDEO FACILITY INVENTORY - OVERVIEW Facility is used for: Public Access � Educational Access (check all that apply) C Government Access Local Origination (NOTE: THIS IS A PROPRIETARY DOCUMENT- UNAUTHORIZED USE IS PROHIBITED) INSTRUCTIONS: Please complete the Video Facility Inventory pages as thoroughly as possible. List each piece of equipment only once, even though it may be used for multiple purposes. (For example, list an editing system's equipment that is located in the studio control room under the "Studio Production Equipment" heading on the appropriate attached forma.) If a piece of equipment has multiple functions, list it under the heading which most closely describes its vi„mary location or function. Make a copy of any page that does not include enough space to include all of your equipment packages (e.g., copy the following page if you have more than five camcorders or portable VCR/camera systems). IF AVAILABLE, PLEASE PROVIDE A COMPLETE COPY OF YOUR PRODUCTION EQUIPMENT INVENTORY. A. Normal Hours of Operation for Facility(e.g., 9 a.m, to 9 p.m.): Monday: , ,t Tuesday: -?4 Wednesday: ? Pk Thursday: ?4!:l ? L" Friday: Saturday: Sunday: B. Is this facility's video production equipment usedng�l for activities related to the creation of programs for cablecast on an Access channel? „Yes (If"Yes,"go to Item C, below) No If no, how many hours is this facility used during an average week for marketingladvertising production, creation of programs for a Local Origination (L.O.) or Leased cable channel, or for any purpose other than the creation of programs for cablecast on an Access channel? Marketing/Advertising Production. hours/week L.O. or Leased Production: hours/week Other Purposes* hours/week (*Describe: ) C. Does your organization own or lease the facility space? _X_Own Lease D. Please provide the following information about the facility. 1. Total square footage: I square feet r h. ) 2. Meeting/Conference/Training Room Size (feet): i.L-- x cGL� aLeF>rs� 3. Number of offices: 0 4. Number of editing rooms: 5. Estimated replacement cost of ALL production equipment in the facility: $ � -2 - VIDEO FACILITY INVENTORY PORTABLE SINGLE CAMERA VIDEO PRODUCTION SYSTEMS {!f more than five portable systems, make enough copies of this page to include each portable system) Item Make/Model Quality Level* Condition" Age(Years) System# Camera VCR Camcorder SON PC >�r,�' __..a-6-- (Format: ❑ 3;" ❑ S-VHS ❑ VHS ❑ DV 1 D VCAM I DVCPRO ❑ Betacam Other. , ; System# Camera VCR Camcorder �yc ITY2p (Format: ❑ W ptS-VHS ❑ VHS ❑ DV t DVCAM 1 DVCPRO ❑Betacam ❑ Other: } System#� Camera VCR Camcorder .(Format.. ❑ Y,- ❑ S-VHS ❑ VHS ❑ DV I D VCAM 1 DVCPRO ❑ Betecam ❑ Other.- ; System#� Camera VCR Camcorder (Format. ❑ Y,- ❑ S-VHS ❑ VHS ❑ DV 1 DVCAM 1 DVCPRO ❑ Betacam ❑ Other, System# Camera VCR Camcorder (Format: ❑ 3:" ❑ S-VHS ❑ VHS ❑ DV 1 DVCAM 1 DVCPRO ❑ Betacam ❑ Other. Number of Portable Tripods: r Condition**. Age (years): Number of Extra Battery Packs: Condition**: i Age (years): Number of Portable Lighting Kits: Condition**: Age (years): Number of Microphones: _ Condition*": Age(years): f B=Broadcast, I=Industrial/Professional, C=Consumer "` E=Excellent, G=Good, F a Fair, P=Poor - 7- VIDEO FACILITY INVENTORY MASTER CONTROL/PLAYeACK FACILITYANI7 EQUIPMENT Is this a dedicated Playback Facility? (e.g., equipment is not shared with studio control room package) Yes No Master Control/Playback Facility Dimensions (feet): I Length x Width Number of Channels Controlled: ! Do you have live programming capability? El No Yes, can go live via: 51 Studio ❑ Microwave Cable Return Feed E❑ Satellite 13 Other: Playback F'aci[ity Item Make/Model Quality Level* Conditlon" Age(Years) Videocassette Player#1 Videocassette Player#2 Videocassette Player#3 Videocassette Player#4 Videocassette Player#5 Videocassette Player#6 Videocassette Player#7 Videocassette Player#8 Videocassette Player#9 Videocassette Player#10 Videocassette Player#11 Videocassette Player#12 (Videocassette PlayerFormat(s): ❑ 3:" ❑ S-VHS ❑ VHS ❑DV/DVCAM/DVCPRO ❑Betecam ❑ Other ) Automated Playback Controller Manual Switcher/SEG TBC (quantity: ) Color Monitors (quantity:_) B/W M6nitors (quantity:_) C.G./Graphics Unit Waveform Monitor Audio Mixer CD/Tape Player ` 8 Broadcast, 1=industrial/Professional, C=Consumer `' E Excellent, G r Good, F=Fair, P a Poor -g - VIDEO FACILITY INVENTORY ViEWiNGIDUBB/NG EQUIPMENT Is there a dedicated Viewing/Dubbing Area? (i.e., not used for any other purpose) No ❑ Yes Dimensions(feet): Length x Width Do you have dedicate Viewing/Dubbing Equipment? (i.e., not used for any other purpose) No ❑ Yes (If Yes, complete this page) Number of Viewing/Dubbing Stations: Age of VCRs: @ years @ years @ years @ years Viewing Equipment Formats: ❑ 3l.<" ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Dubbing Capabilities: 3/." -to: ❑ 3/" S-VHS , VHS ❑ DV f DVCAM I DVCPRO ❑ Betacam Others: l _,-*�2 S-VHS-to: 33/," ❑ S-VHS VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam 0 Others: Yt '? -11� VHS-to: 3/." S-VHS 3 VHS ❑ DV/DVCAM/DVCPRO - ❑ Betacam ® Others: All ?**frS DV/DVCAM/DVCPRO-to: ❑ 3/, ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Betacam-to: ❑ 3/." ❑ S-VHS ❑ VHS ❑ DV 1 DVCAM/DVCPRO ❑ Betacam ❑ Others: Other( )-to: ❑ 3/" ❑ S-VHS ❑ VHS ❑ DV/ DVCAM/DVCPRO ❑ Betacam ❑ Others: Do you have a video projection system? ❑ No U1 Yes (If Yes, describe below) Make/Model: P s t, ' Age(years): ............................................... VIDEO} FACILITY INVENTORY ELECTRoNiC GRAPHics PFtt)Dt cnoN EQUIPIWENT Is there a dedicated Electronic Graphics Production area?(i.e., not used for any other purpose) No Yes Dimensions (feet): Length x Width Do you have dedimted Electronic Graphics Production Equipment? (i.e., not used for any other purpose) No Yes (If Yes, describe below) 7/9 h' 4 -met eAA - 12 - VIDEO FACILITY INVENTORY REmoTE-CONTROLLED PRODUCTION EQUIPMENT(COUNCIL CHAMBERS OR MEETING ROOM) (If more than one, make enough copies of this page to include each location) Location of Remote-Controlled Production Equipment Package: Equipment is used for(check all that apply): �k Government Access l7 Educational Access Public Access Item Make/Model quality Level* Condition" Arg(Years) sWy Vic 2000 Cameras (quantity: ! } �<"'Q'`y D X C 10,) Camera Controller(quantity: } SON y Ll Camera Mounts (quantity: } (7,4" (Indicate Camera Mount type(s): D Tripod X Waff ElCeffing ❑ Pedestal 0 Other. ) Str© sv cam i f= ? VCR#1ts Ute S4'vo 3v os �— z l � VCR#2 VCR#3 VCR#4 '!' (indicate vCR Format(s): 3:" T9j S-vHS )&VHS 0 DV 1 DV'CAM I DVCPRO 13 Betacam 01 Other f 6**VOO� ) Production Switcher/SEG PAJVAspoiice d- C P TBC#1 TBC#2 1 i', lLllt l'I/na Ct>0 y Edit Controller Poo, ` �1 J-0 C.G./Graphics Unit tlV ao PC S'rp"Pk, Color Monitors (quantity: ':�12N y PVA lym BfW Monitors (quantity: } rAwfak"e, div` J'�0>8 t ' Waveform Monitor I �J�t►+vl i! IV ' Vectorscope Audio Mixer S 'i ` A4 CDfTape Playerly '" I Microphones (quantity: d } So+v PCS B=Broadcast, t r Ind ustrialiProfesslonal, C=Consumer- _ --- *' E c Excellent, G=Good, F=Fair, P=Poor __........................... _................................................................._........ _........................................................................................................... ___ i CITY OF CONCORD Number: 154 Authority: Council Motion Concgr'd Effective: 12/10/91 Revised: 10/11/94 POLICY +& PROCEDURE Initiating Dept.: FI Distribution Code: 0 CITY GOVERNMENT CABLE TELEVISION 1. PURPOSE To provide information to the citizens of Concord concerning local government activities and services. To produce and distribute local affairs of City functions. 2. DEFINITION Concord City Programs/Cable TV - Channel 25 is community access cablecast programming pro- vided by the Cable Television Franchise Agreement with the Chronicle Publishing Company, a Ne- vada corporation doing business as Concord TV Cable. Concord City Programs/Cable TV - refers to those cablecast programs that are regulated and sched- uled on the community access cable channel 25 by the local government of the City of Concord. All other programming televised on the community access cable channel 25 is the responsibility of the Chronicle Publishing Company, A.K.A. Concord TV Cable, per the Cable Television Franchise Agreement 2/19/88. 3. OBJECTIVES The objectives of the City of Concord City Programs/Cable TV are as follows: 3.1 To provide City government information to the citizens of Concord. 3.2 To widen the dissemination of information of the legislative and advisory bodies of the City of Concord. 3.3 To provide information to the community on various agencies that operate in the City gov- ernment. 3.4 To supplement outreach programs of all City departments. 4. REQUEST FOR VIDEO PRODUCTION SERVICES Requests for video production services shall be received in Information Technology. Requests out- side the routine or normal day-today operations of video production services shall be approved at the discretion of, and are subject to their appropriateness, as determined by the City Manager's Of- fice. 4.1 Requests to have information on the nightly Bulletin Board program shall be received in writing; an event flyer may constitute written request. 4.2 Requests for copies of City owned and produced video(s) may be made available to the gen- eral public. A charge as set forth in the Fees &Charges Resolution will be charged. 1 POLICY&PROCEDURE No, '154 4.3 Requests to use the Council Chamber for live or tape delayed cablecast shall be in writing and include the date and time of an event, contact person and phone number, and a summary of services and equipment needed. 4.4 Requests for video production services shall be received two (2) weeks prior to the date needed. 4.5 Programming requests shall be subject to review of the City Manager's Office. Programs that are consistent with the overall policy shall be cablecast. Denial of a request by Information Technology may be forwarded to the City Manager's Office for a final decision. 5. PROGRAMMING POLICY It is the policy of Concord City Programs/Cable TV to provide direct, non-editorial information to the citizens of Concord concerning the operations and deliberations of City government. Concord City Programs/Cable TV is not intended as a mechanism for building support for a particular candi- date or candidates for political office. The City Programs are not a political or public forum, nor a means of building support for any particular policy, program, or issue. With respect to any program concerning subjects which may be interpreted to be materially controversial, City Programs will maintain a position of neutrality. Programming is dedicated to informational, narrowly-focused, and government-related issues. Announcements for authorized municipal events or events directly or otherwise determined to be of significant municipal interest shall be allowed, but announcements for outside agencies shall not be permitted. 6. OPERATIONAL PROCEDURES 6.1 Channel. The Concord City.Programs/Cable TV shall operate on Channel 25. 6.2 Modes of Cablecast: 6.21 Live Cablecast. Live coverage principally consists of City Council, boards and com- mission meetings, and other selected public meetings and events of general commu- nity interest. 6.22 Tape Delayed Cablecast. Some live meetings or events, such as City Council meet- ings, boards and commission meetings, may be taped for subsequent replay to ensure additional opportunity for viewing. 6.23 Preproduced Programming. Programs may be produced by city staff related to gov- ernment facilities, services and/or operations for viewing on Channel 25. 6.24 Bulletin Board Information Service. 6.241 Information. Information consisting of program schedules, agenda and other public information will be cablecast in a nightly bulletin board format to maintain up-to-date information and keep viewers abreast of said informa- tion. 6.242 Messages. Information for the bulletin board program may be submitted by any department. Messages submitted should be consistent with the provisions of this policy statement. 2 POLICY&PROCEDURE NO. 154 6.243 Commercials. No paid commercial space or notices for events other than City activities shall be allowed on the bulletin board information service. 6.244 Edited Information. Messages programmed into the bulletin board system shall be edited to provide clarity and to maximize use of the computer's avail- able memory. 6.3 Concord City Programs/Cable TV. Programming compliance to these policies and operational procedures is subject to the review of the City Manager's Office. Changes in operation proce- dures require the City Manager's approval. 6.4 Use of Outside Resources. In order to maximize programming, a case by case evaluation will be made regarding the use of outside resources. The City Manager's office may approve re- quests to cablecast from the Council chamber for programs of community-wide interest (i.e., Board of Supervisor Town Hall Meetings, etc.). 6.5 Access Policy. Access to the Concord City Programs/Cable TV is typically limited to depart- ments, committees, boards and commissions within the City of Concord. - 6.51 Public Meetings. All public meetings of City policy-making or committees or boards and commissions are authorized for cablecast. All regular City Council meetings will be cablecast. 6.52 Informational Programming. All programming by Concord City Programs/Cable TV is considered to be informational, and all departments shall submit through their De- partment Director, requests which they feel may be appropriate for cablecast on Con- cord City Programs/Cable TV Programs. 6.53 Individual Statements. Requests for access by citizens, Concord municipal officials or administrators for the purpose of advocating a personal viewpoint or policy will not be permitted, except as otherwise provided herein. Special "Speaker's Forum" may be provided as a forum for comment, subject to ap- proval by the City Manager's Office. Announced candidates for public office shall not be permitted to make campaign statements, except in the regular discourse of public meetings or within a forum of public debate with other declared candidates under the oversight of an impartial third party using mutually agreeable ground rules. Fairness limits will preclude appearance on any Concord City Programs/Cable TV by all candidates, including incumbents, for the period from the filing date to the day following the election (113 days), except for official meetings and as otherwise indi- cated by this section. In the event.the Mayor or any Councilmember is a candidate, any programming hosted by the candidates will be placed on hiatus for the period from the first day of the filing date to the day following the election. Said program- ming may be replaced with appropriate video programming for the duration of this pe- riod. 6.6 Editing Policy. Editing of programming shall be subject to the following: 3 POLICY&PROCEDURE No. 154 6.61 Public Meetings. Any public meeting cablecast by Concord City Programs/Cable TV, be it live or on videotape, will be aired in its entirety, gavel to gavel, and will not be edited or subjected to editorial comment. Supplemental information on agenda items which will aid the viewer in understanding the issues may be provided. 6.62 Departmental Programs. Any programming prepared or provided by a City Depart- ment may be modified or edited as deemed appropriate. This determination may be made by policy restrictions or by technical, scheduling or staff limitations. 6.7 Warranty. Concord City Programs/Cable TV, the City of Concord, its administration, its offi- cers, employees and agents do not warrant the accuracy of any information cablecast over the cable channel 25. 6.8 Endorsements. At no time will the City of Concord endorse candidates, products or service providers. 6.9 Promotions. Promotional announcements for municipally sponsored events or activities are acceptable for cablecast. Promotional announcements for events, charities or outside organi- zations in which the City has no official interest or sponsorship will not be allowed. 6.10 Use of City of Concord Video Production. The use of Concord's video production equipment shall be restricted to City related activities by city employees or persons under the direct su- pervision of City staff. Loaning of equipment for personal use is not authorized. 6.11 Retention of Tapes. The general policy will be to retain video tapes of Council meetings for a 90 day period. At the end of that time, the tapes will be reused with the original material erased. These tapes are not to be considered an official record of the meeting; the City is not liable for inadvertent erasure or omissions. Storage of tapes will be maintained by the City Clerk's Office. 6.12 Non-Discriminatory. Concord City Programs/Cable TV shall not discriminate in the delivery of its services. 6.13 Religious and Non-Sectarian Programming. Programming generally considered religious in nature will not be cablecast by Concord City Programs/Cable TV. Program material that ad- vocates a particular religious belief generally will not be allowed on Concord City Pro- grams/Cable TV. Religious organizations or ideals may be mentioned as incidental informa- tion as part of a program. This rule does not preclude the appearance of a clergy or individual representing a particular religion as part of a program providing general information. 6.14 Channel Priorities. Top priority will be given to live coverage of City Council meetings and any other meeting or program the City Council deems appropriate. Council may schedule re- plays of any broadcast to ensure additional opportunities for viewing. 4 s I EXHIBIT A 2 CABLE TELEVISION FRANCHISE AGREEMENT 3 Access Channel Operating Rules and Procedures 4 5 1. PURPC7SE. The operating rules set forth herein shall govern the availability 6 and use of Access Channel Time provided by Concord TV Cable, hereinafter known as 7 "LICENSEE", on its cable system operating in Concord, pursuant to the Cable Television 8 Franchise Agreement between the City of Concord and Concord TV Cable, dated 9 February 2, 1988, the "AGREEMENT". 10 2. DEFINITIONS. 11 A. Access channel Time. Designated time on a cable television channel 12 available for presentation of access programs. 13 13. Access Programs. Programs or presentations of the following types: 14 1) Public Access Program. Local, noncommercial programs or presenta- 15 tions by members.of the general public. 16 2) Education Access Programs. Local, noncommercial programs or 17 presentations by local education authorities. 18 3) Government Access Prop—rams. Programs, presentations or other uses 19 by the City of Concord or other governmental agencies. 20 C. Access Channel 11 er(s). Any individual, group, organization or other 21 entity of the public, the educational system(s) or the government(s), separate and 22 distinct from LICENSEE, which uses access channel time to present access 23 programs. 24 D. Access Records. Records of the names and addresses of all individuals, 25 groups, organizations or other entities applying to LICENSEE for use of access 26 channel time and a log of access programs listing dates and times of showings. 27 E. Advertising Material. Material which is designed to promote the sale of 28 commercial products or services excepting those sales related to nonprofit groups i I -1- b and organizations. I 2 F. Lot troy. The offering or awarding of prizes consisting of money or 3 things of value to any persons whose selection is dependent in whole or in part 4 upon lot or chance, if, as a condition of winning or competing for such prize, 4 5 such winner or winners are required to furnish any consideration, such as 6 providing money or any things of value or having in their possession any product 7 sold, manufactured, furnished or distributed by a sponsor of a program. 8 G. Lottery Information. Any advertisement or information which directly or 9 indirectly promotes any lottery or any list of the prizes drawn or awarded by 10 means of any such lottery. 11 H. Libelous. Slanderous- Defamatory. Obscene. Indecent or Otherwise 12 Constitutionally Unprotected Matter. Any program or presentation or any 13 material within a program or presentation considered libelous, slanderous, 14 defamatory, obscene, indecent, or otherwise constitutionally unprotected matter 15 under applicable Federal, state, or local law, statute, ordinance, regulation, or 16 judicial action. 17 I. S onsorshin Identification. An announcement which accompanies any 18 cablecast program indicating that such matter is sponsored, paid for, or furnished, 19 either in whole or in part, and identifying by whom or on whose behalf such 20 consideration was supplied. Identification of such program shall be as follows; 21 Partial production costs associated with the presentation of this program have 22 been paid for through a grant from (sponsor). 23 3. REGULATIONS. 24 A. Access Channel Time. 25 1) Access !Channel .Time. Access channel time shall be made available 26 Monday through Sunday, twenty-four hours per day. For so long as 27 LICENSEE is responsible for the management of access channel time, 28 LICENSEE shall schedule all access programs. LICENSEE shall have the right i -2- 1 to schedule access channel time primarily during the Monday through Friday 2 prime viewing hours. When the Monday through Friday viewing hours 3 between 8:00 a.m. and 11:00 p.m. are filled, LICENSEE shall give due 4 consideration to scheduling access time during the remaining hours including 5 Saturdays and Sundays. Highest priority in the use of such channel shall be 6 assigned to the carriage of meetings of the City Council or other public 7 meetings and events as specified in the Agreement. Subject to approval by S the City, regularly scheduled timeslot(s) shall be established for the 9 cablecasting of the City government and community bulletin boards and 10 certain events for the City of Clayton and the County of Contra Costa. The 11 remaining access channel time shall be made available on a nondiscriminatory 12 basis, as scheduled by LICENSEE. Timeliness is a major consideration when 13 scheduling access channel time. To the extent that the date and time of the 14 cablecast are pertinent to the content of the program; e.g., the cablecast of 15 local election returns, programs promoting special community events, etc., 16 special priority'will be given to the scheduling of these programs. 17 2) Access Channel Use by LICENSEE. The LICENSEE shall be entitled 18 to use the access channel(s) for purposes of presenting its own programming, 19 including commercial advertising and promotional material, at any time or 20 times when not scheduled for the presentation of access programs. When the 21 access channel is being used by the LICENSEE, notices shall be aired 22 regularly to inform viewers of the availability of the channel time for access 23 programming. 24 j B. Prohibited Uses of Access Channel Time. Access channel time shall not 25 be used for any of the following purposes. 26 1) The presentation of a lottery or of lottery information as defined in 27 I Sections 2.F and 2.G herein. 28 i 2) The presentation of libelous, slanderous, defamatory, obscene, I i -3- i I indecent or other constitutionally unprotected matter as defined in Section 2 2.H herein. 3 3) The presentation of advertising material as defined in Section 2.E, 4 except for sponsorship identification as defined in Section 2.1 and as specified 5 in Section 13.I of the License Agreement. 6 C. Program Content Control. LICENSEE shall exercise no control over the 7 content of access programs or programming; provided, however, that this t 8 limitation shall not prevent LICENSEE from taking appropriate steps to insure 9 compliance with the provisions of Section 3.13 herein, setting forth prohibited uses 10 of the access channel time and, provided further, that the LICENSEE shall have E 11 no liability with respect to the carriage of any such material prohibited under 12 Section 3.B above. 13 D. Responsibilities of the Access Channel User. 14 1) Each access channel user shall assume full and complete responsibility 15 for the content of access programs, and any dispute concerning the content E 16 of any access programs shall be resolved between the user and the 17 complaining party. LICENSEE undertakes no responsibility for the use of the 18 access channel or to any member of the public for any liabilities which may 19 arise as a consequence of any access program presented by the user. The 20 user shall undertake to indemnify LICENSEE and the City against any and all 21 claims, demands or liability which might result from the access programs, 22 including but not limited to such claims, demands or liability arising by 23 reason of copyright or patent infringement, defamation, libel, slander or 24 unfair competition. The user must indemnify LICENSEE, the City, their 25 officers, directors and employees against any and all such claims, demands and 26 liability, including reasonable attorney's fees and costs of litigation. 27 2) Each access channel user shall be responsible for complying with all 2$ Federal, State and local laws applicable to its use of the access channel time. i -4- 1 � 3} Each access channel user shall be responsible for obtaining the 2 ! consent of any person whose image or voice is used in an access cablecast 3 t program. 4I 4) Each access channel user who produces or presents an access program 3 5 shall be responsible for obtaining clearances for any copyrighted material used 6 in the cablecast program. 7 E. Maintenance of Access Records. The LICENSEE shall maintain a record 8 of the names and addresses of all individuals, groups, organizations or other 9 entities which use access channel time and of time actually used. This record 10 shall be available for public inspection during normal business hours in the office 11 of the LICENSEE for a period of two years. Annually, the LICENSEE shall 12 submit a report to the City Manager summarizing the use of the access channel. 13 F. Notice Concerning Jse of the Access Channel Time. The LICENSEE shall 14 regularly cablecast a notice on the access channel advising of the availability of 15 access channel time, that access program content does not necessarily reflect the 16 opinion or attitudes of the LICENSEE, and that the access channel user assumes 17 full legal responsibility of the content of the user's access program. 1s 4. APPLICATION FOR A CESS CHANNEL TIME. 19 A. Who May Apply. 20 1) Access Channel Time. Any individual acting on his or her own behalf 21 and any agent of any group, organization or other entity acting on behalf of 22 such group, organization or other entity may request access channel time or, 23 if required, file a written application for use of access channel time. 24 2) Applications for access channel time by a minor must be made in 25 written form by a responsible adult who assumes full responsibility for the 26 use by the minor. 27 B. Action on Aoclications. Within a reasonable time after receipt of an 28 e application for use of access channel time, the LICENSEE shall notify the -5- i f I applicant orally or in writing of the disposition made of the application. In the 2 event of scheduling conflicts, the LICENSEE shall attempt to arrange alternative 3 , times acceptable to the applicant. i 4 j 5. RULES SUBJECT TO CHANGE. The rules governing the operation of the 5� access channel may be changed upon mutual agreement between the City and j1 6 i LICENSEE. 7 b. COMPLAINTS. Complaints regarding the use of the access channel and/or the 8 operating rules and procedures shall be filed with LICENSEE. in those cases where 9 LICENSEE is unable to resolve the dispute, the complaint may be registered with the 10 City Manager or his/her representative. i ' 11 ` 12 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 28 ' � M07fi16.LD9 -b- I� Exhibi t B CONCORD TV CABLE FRANCHISE AGREEMENT A. Equipment Item Quantity Description 1 3 Sony DCX--3000H CCD Camera Heads 2 3 Sony CCQ-25A,1 Camera Cables 25M 3 3 Sony CCU-M3 Camera Control Unit 4 3 Sony CMA-8 Camera Power Unit 5 3 Sony CCDQ-06 10 to 14 Pin Cable 6 3 Sony RMM-1800 Rack Mount Unit for above 7 3 Panasonic WV-72303 Motor Pan Heads 8 3 Pan Head Control Wire , as needed 9 3 Panasonic WV-7330 Remote Controls for Heads 10 3 Rainbow Lens for Camera 11 1 Panasonic WJ-4600B Video Switcher 12 1 Panasonic WV--5203 Triple 5" B/W Monitors 13 1 Quanta MicroGen Plus Character Generator 14 1 Panasonic BT-5702N C.G./Preview Monitor 15 1 Panasonic BT-5702N Program Monitor 16 1 Panasonic CT-1330V Cable Tuner Monitor 17 2 Sony VO-5600 3/4" VTR 18 2 Winsted F8501 Rack Mount Kits for VTR 19 1 Shure M267 Audio Mixer 20 1 Shure A268R Rack Mount Kit for Mixer 21 1 Tektronix 1710E Waveform Monitor w/vector scope function 22 1 Tektronix 170OF05 Rack Mount Kit for above 23 1 Tektronix 170OF06 Blank Panel for above 24 1 Rack Console 25 Video/Audio Cable and Connectors 26 1 Modulator t B. Building and electrical modifications and security enclosure are not to exceed $5,000. Specifications to be supplied by CTVC and approved by the City of Concord. Work subject to final inspection by the City. LOCAL PROGRAMMING QUESTIONNAIRE (NOTE: THIS IS A PROPRIETARY DOCUMENT- UNAUTHORIZED USE IS PROHIBITED) 1. Type(s) of Local Programminq Services Provided. (Public Access [P), Educational Access [E], Government Access [G], and Local Origination [UO)) f _ P ✓ E � G � UO 2. Number and Types of Channels Programmed. P / E G _ UO Combined P-E Combined P-G Combined E-G _ Combined P-E-G Combined P-E-G-L/O Other (Please Describe) 3. Number of Staff Assioned to Access and Local Origination Activities. Full Time Part Time 4. Allocation of Above Listed Staff Time by Type of Service Provided. (e.g., 2.5 for Public Access and 0.5 for Government Access; 1.5 for Educational Access and 1.0 for Local Origination) Public Access Educational Access Government Access Local Origination 5. Funding -- Sources and Amounts for 1997. 1998 and 1999. Please indicate the funding amounts received from each source to support your local programming activities. Do not include"in-kind"services and materials. Funding Source 1997 1ak Cable Company(for capital purchases) $ $ $ Cable Company (for operating costs) $ $ $ Government- Dedicated Franchise Fees $ $ $ --- Government- General Funds $ $ $ Institutional Funds $ ©a $ $ CSC? Memberships $ $ $ Contributions $ $ $ Grants $ . 67(:0 $ /f, ..S $ -3 CIO Other (Please list) $ $ $ Total Funding--Ali Sources $ 5 OCA $ I� .� o $ 2 L Page 1 6. Expenditures -- Amounts by Category for 1927,1998 and 1999. Please indicate your expenditures by category to support local programming activities. Do not include "in-kind"services and materials. JEWenditure Category 19L,7 MH 1999 Personnel (wages, benefits, payroll taxes, etc.) $ /Z ?G $ _131, ,,00 $ / Operations (rent, utilities, supplies,etc.) $ 2_,_2 00 $ 7—,S- PC $ . 000 Capital(production and office equipment) $ , 000 $ /(, . -00 $ _ ;' 300 Total Expenditures--All Categories $ ` $ / av $ fs�;2 a0 Amount of above Total Expenditures used for each type of local programming service managed: Public Access $ $ — $ Educational Access $ $ o0 $ /r Z00 Government Access $ $ $ Local Origination $ $ $ 7. In-Kind Services and Materials -- Sources and Value for 1997 1996 and 1999. Please describe the nature of any in-kind services and materials provided to support your local programming activities, and indicate their source and value. Do not include any funding amounts here. 1077 ©escriotion of In-Kind Services and Materials S-ource Value $ 1998 Description of In-Kind Services and Materials SourceValue $ 1 999 crintion of in-Kind Services and Materials Spurce Value Page 2 8. Programming Statistics for Each Channel Manage; 1997 1998 and 1999. A. Channel Type: _ (e.g., Public Access, Educational Access, etc.), Channel Number on Cable System: j 1997 1 9 1. Total number of hours (including replays, doe excluding character-generated) 2. Number of locally produced, first-run hours 3. Number of imported, first-run hours 0 0 B. Channel Type: (e.g., Public Access, Educational Access, etc.). Channel Number on Cable System: 1997 9 19 1. Total number of hours (including replays, excluding character-generated) 2. Number of locally produced, first-run hours 3. Number of imported, first-ren hours C. Channel Type: -"" (e.g., Public Access, Educational Access, etc.) Channel Number on Cable System: 1997 19K 19 1. Total number of hours (including replays, excluding character-generated) 2. Number of locally produced, first-run hours 3. Number of imported,first-run hours (Using the above format, please use an attached sheet to report the programming statistics for each additional local programming channel managed by your organization.) 9. Programming Schedules. (for Public, Educational, and Government Access) Please attach a copy of your programming schedule or log for each Access channel during the following months: V September, 1997 February 1998 d'October, 1998 March, 1999 June, 1999 i.-August, 1999 Please indicate the type of local programming channel that is represented on each schedule or log. Page 3 KCCC Programming on CCTV Spring 2000 WATCH ON ONE OF THE FOLLOWLNG CABLE CHANNELS of CCTV - CONTRA COSTA COUNTY'S TELEVISION NETWORK Century Cable channel 19 TC1 Cable In Concord Channel 18 Ponderosa Cable Channel 10 TCI In Walnut Creep,Brentwood, Martinez,Pleasant Hill, Lafayette,and Orinda Channel 19 TC1 in Pittsburg,Antioch,Pinole and Rodeo Channel 27 Programs begin Tuesday January 25 except for Theatre Appreciation, Planet Earth, American Cinema and Power of Place which begin January 31, and Ethics to America which begins February 18 NO BROADCASTS: February 11, February 21 and April 24-28 TIME MONDAY TUESDAY 'WEDNESDAY THURSDAY FRIDAY 10:00 am Living with Living with It's Strictly Health Health Business 10:30 am Faces of Culture Faces of Culture It's Strictly Business 11:00 aro, The Sociological The Sociological Imagination Imagination American Cinema 11:30 am The Power The Power of Place of Place 12:00 m Ethics in America 12:30 pm 1:00 pro Voices in Democracy 1:30 pm Voices in Democracy 2:00 pm Planet Art of the Earth Western World 2:30 pro CAMP, Cooking with Class, or 3:00 pm Theatre College News Appreciation KCCC Special Programming 3:30 pot Theatre Appreciation 4:00 pm Humanities thru the Arts 4:30 pm Humanities thru the Arts 5:00 p 5:30 pm NOTE: This schedule only lists the programs being offered by the Contra Costa Colleges. For other programs on this channel, please consult the CCTV programming guide. For information call KCCC at 510-235-7800,ext 4440. KCCC Programming Schedule - Spring 2000 CABLE CHANNEL 31, IN RICHMOND, EL CERRITO, BERKELEY AND HERCULES Programs begin Tuesday January 25 except for Theatre Ajppreciationl Planet Earth, American Cinema and Power of Place which begin January 31, and Ethics in America which begins February 14 NO BROADCASTS: February 11, February 21 and April 24-28 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:00 am Living with Something Living with., Something !t's Strictly " Heaith Ventured Heath Ventured Business (R}- 10:30 am Fades of,Cul#ure it's Strictly F"aces is#culture 1#`s S#rictly It`s"Stricti, Business BusinessFb Business=(R} 11:00 am The e it I ical< Voices in Tit Sociological Voices in Imagination Democracy lrratirrrtiott, Democracy Amer-Can. 11:30 am l he Power Faces of 1`he.ower Faces of Cinema "aC e Culture (R) o#.€'lace Culture (R) 12:00 m Eth►Cs in Arnerjca 12:30 pm (R} KCCC BULLETIN BOARD 1:00 pm OR Voices ,ra" SHORT COURSE Denracy 1:30 pm Voges to " pengo 2:00 pm The Sociological The Sociological Planet, imagination {R} Planet Imagination (R) Att of the Earth Earth (R) Western bUcrt " 2:3(}pm California's Gold CAMt , 'Crsokin v,iith` 3:OQ in I`hatre Humanities thru Class, dr P Ccrileg#News; pl�ra#rGp the Arts KCCC:3pral The Africans Progtsimrnfng; 3:30 pm Theatre Humanities thru Eco News Apprecatrgn the Arts 4:00 pm Living withluman�ties thl41 ' Living with Ethics in Health (R) the Arts (R} Health AmericaKCCC 4:30 pm The Power Hurrrari�ties thCu" The Power BULLETIN of Place {R} thr3 arts(R) of Piece (R) BOARD 5:00 pin History of Theatre Kimetic Mexico Appreciation (R) American Visions Cinema 5:30 pm History of Theatre Mexico Appreciation (R) 6:00 pm Earth Revealed Crossroads Cafe Earth Revealed Grand OFF AIR 6:30m Piano Marketing Crossroads Cafe Marketing P Shaded programs are simultaneously shown on the County's CCTV network. For Information, please call KCCC at 510-235-7840, ext. 4440 KCCC Programming Schedule - Fall 1999 CABLE CHANNEL 31, IN RICHMOND, EL CERRITO, BERKELEY AND HERCULES Programs begin Wednesda , September 1 except for "Taking the Lead" and "Voices in Democracy," which begun August 24; "Theatre Appreciation" and "Planet Earth" which begin September 13; and Crossroads Cafe, which begins September 15 NO BROADCASTS: September 6, November 12, November 25-26 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 14:00 amt iv�rg +rrt # c�a€tai Something Living with Hea# Something king thed TM Ventured Ventured u > 10:30 am Fees of Cv€tore': Taking the Lead Fcero Gitur Taking the Lead TiI �Ira ' , 11:00 am the c�g€�g1ca1 Voices in Tie 5or€ gte ) Voices in lmafrntrsnt democracy Irrla (trxttrt Democracy s 11:30 am Faces ofhstre Faces a# rents'(! ppreoitiort Culture (R) iprtatiori_. Culture (R) ; 12:00 m 12:30 pm KCCC 1:00 pm BULLETIN BOARD 1:30 pm �t (ces in �er�t4�r�oy i ) 2:00 pm The Sociological The Sociological Croroad Cfie ianet Imagination (R) Planet Imagination (R) L1 ah Earth (R) 2:30 pm California's Gold #err r 3:00 pm Humanities thru r _Art�t� the Arts +1Jstom Word The Africans w`y)CC>SC 3:30 pm Humanities thru Eco News (R) the Arts 4:00 pm Living with Health ioem*o€treir #t Living with Health Ethics in (R) the Arm ) - (R) America KCCC 4:30 pm Theatre W.1t Theatre BULLETIN Appreciation (R) t(I� r (l ) Appreciation (R) BOARD LLETI 5:00 pm History of Crossroads Cafe Kimetic Mexico American Visions Cinema 5:30 pm History of Crossroads Cafe Mexico 6:00 pm Earth Revealed The Black Earth Revealed Grand Entrepreneur OFF AIR 6:30 pm Piano Marketing Eco News Marketing Shaded programs are simultaneously shown on the County's CCTV network. For Information, please call KCCC at 510-235-7800, ext. 4440 "Living with Health" Telecasts Summer 1999 This summer students in Health Ed. 120 will have the opportunity to view and tape record the required video program, "Living;with Flealth," according to two different schedules: 1. One Program a Day -Broadcast and Cable Student who do not have cable, or have cable and would prefer the regularity of receiving;one program a day, Mondays through Fridays, can watch according to the following; schedule. Start Date Last Date Hour Monday, June 28 Monday, August 2 12:30-1:04 p.m. These programs are broadcast on KCSM UHF Channel 60. if you have cable, consult your local cable guide to determine the cable channel. 2. Concentrated d T .le , sts - Cable Only Students who have cable and would prefer a more concentrated delivery of programs so they have to deal with recording; programs less often, can use the l"allowing; schedule: Day Date Hours Programs Monday June 21 2:00-4:00 p.m. 1-4 Wednesday June 23 4:00-6:00 p.m. 5-8 Monday June 28 2:00-4:00 p.m. 9-12 Tuesday June 29 10:00 a.m.-3:00 p.m. 13-22* Wednesday June 30 4:00-6:00 p.m. 23-26 *'For this cablecast,be sure your VCR has a fresh tape in it and is set to the EP (6-hour)mode. These programs are cablecast by the college cable station, KCCC, in cooperation with the County's network. Watch on one of the following;cable channels depending on where you live: TC} Cable in Richmond, Ll Cerrito,&-rkeley and Ilercules Channel 31 Century Cable in San Pablo and Albany Channel 19 TO Cable in Concord Channel 18 TO in Walnut Creek,Brentwood,Martinez, Pleasant Hilt, Lafayette,and Qrinda Channel 19 TCl in Pittsburg,Antioch,Pinole and Rodeo Channel 27 Ponderosa Cable Channel 10 If you have questions, please call the college's television station, KCCC, at 510-235-7800, ext. 4440. K"CCC Programming Schedule - Spring 1999 CABLECHANNEL 31, IN RICHMOND, EL CERR.ITO, BERKELEY AND HERCULES TELECOURSES BEGIN: Monday, February 1, Except as Follows: "Humanities Through the Arts' - Tuesday, January 26, 1999 "Ethics in America" - Monday, Febru 8 Crossroads Cafe - Monday, February�2 NO BROADCASTS: Friday February 12, Monday February 15, and the Week of Monday-Friday, April 3-9 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:40 am ng Wflt Fl ap History of +irrg with History ofTae 'i r �5 Mexico Mexico 10:30 am tut Its Strictly Fce of C4alxur Its Strictly Business Business 11:00 am T1ocrlogiea}; Voices in Thi 010,0010 Voices in # er}rti ttt lrrtatlar�io#� Democracy trttrratxo Democracy 11:30 am Ott Faces of Theitre Faces of Numanit+ tf►r `°p r attct4 Culture (R) i RreG€exon Culture (R) h t } 12:00 in �'�h�es rrt Arrier;fat 12:30 pm ll } 1:00 PM Votde�,�t Culinary Ars Student PernooY,a�y(R3 Once per month- Programs 1:30 pm dates to be Voice jn ?. determined pnTrscrac3 } } 2:00 pm The Sociological The Sociological l'ttrrt} l�( r, t Imagination (R) Planet Imagination (R) 8u hie ` Earth (R) 2:34 pm Eco News r' Its #rtotl Art of the A $tis�)ie Western ' 3:00 pm Crrssstoal; rlai a The Power of The Power of * rosrds C r Plane Place World St l� 1 3:30 prsroads C fe Humanities thru Eco News (R) Humanities thru ;rosrtsad the Arts the Arts ' 4:00 pm Living with Health Living with Health Ethics in (R) ArnandelE (R} America C�n�r�ta KCCC 4:30 pm Theatre Theatre BULLETIN N Appreciation (R) Appreciation (R) BOARD 5:00 pm Kimetic Visions Race to Save K'CCDecaai< American Cinema 5:30 pm the Planet (R) 6:00 pm Something For All Practical Something Grand Piano Ventured Purposes Ventured OFF AIR 6:30 pm The Write For All Practical The Write Course Purposes Course Shaded programs are simultaneously shown on the County's CCTV network. *Once per month, "Art of the Western World„ is preempted by live "CAMP" programs For Information, please call KCCC at 510-235-7800, ext. 4440 KCCC Programming Schedule KCCC - CONTRA COSTA COLLEGE TELEVISION FALL 1998 BROADCAST SCHEDULE ON CABLE CHANNEL 31, IN RICHMOND, EL CERRITO, BERKELEY AND HERCULES TELECOURSE PROGRAMS BEGIN TUESDAY, SEPTEMBER 19 1995 EXCEPT FOR "HUMANITIES THROUGH THE ARTS" WHICH BEGINS TUESDAY, AUGUST 25, 1998 NO BROADCASTS: MONDAY SEPTEMBER 7 & THURSDAY-FRIDAY, NOVEMBER 26-27 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:00 am Li1rrth F(la)t History of Living + €th Health History of Mexico Mexico thdti 10:30 am aces> fUlture Marketing ace tr Culttyre Marketing II ,: 11:00 am ! or�lt� lEcal Government by Szic�l�g► al Government by }1 � r+ s thr lmrt��rtln Consent }rriag►r+atsr� Consent ASS" 11.30 a Theatre; Faces of "1 heatre Faces of �iara4 �e `thr A€ rer«iat� ra Culture (R} ppreciat on Culture (R) ��# 12:00 m ' rr��riart 12:30 pm KCCC BULLETIN BOARD 1:00 prn3r$rltmnty Student cnse # Programs I 1:30 pm +Spuxnrnepty r 2:(1(1 pm Sociological Sociological lltt n {l1' Pant Imagination (R) Planet Imagination (R) ` i a Earth (R) 2:30 pm Eco News arak�ryg' 11 An Open Window* 3:00 pm Crossroads le Something Something �Astiar#S laf B@in#it`Ir Ventured Ventured 3:30 pm Crossrz �ls oaf$ Humanities thru Eco News (R) Humanities thru Croroad lrafe Irtrrnediz�te the Arts the Arts 1nt:rrr}edite 11 )} 4:00 pm Living with Health Living with Health Ethics in (R) Anettert (R) America Cnern KCCC 4:30 pm Theatre Theatre BULLETIN Appreciation (R) Appreciation (R} BOARD 5:00 pinj. Kimetic Visions Race to Save } ci Speciat Art of the the Planet Prograrnrmng Western world 5:30 pm 6:00 pm World of For All Practical World of Grand Piano Chemistry Purposes Chemistry OFF AIR 6:30 prn The Write For All Practical The Write Course Purposes Course Shaded programs are simultaneously shown on the County's CCTV network. *Once per month, "An Open Window" is preempted by live "CAMP" programs ................... ._.................................................................._. KCCC Programming Schedule KCCC - CONTRA COSTA COLLEGE TELEVISION SPRING 1998 BROADCAST SCHEDULE PROGRAMS BEGIN WEEK OF FEBRUARY 2, 1998 EXCEPT HUMANITIES THROUGH THE ARTS WHICH BEGINS WEEK OF JANUARY 26, 1998 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:00 am Living with Health` Earth Revealed Living with Health:< Earth Revealed Ethics.in .; 10:30 am Faxes of cultureSomething Frres of Guttate Something Ventured Ventured 11:00 am orrrologr at Government by Socit�t6grca# ; KCCC Programming Schedule KCCC - CONTRA COSTA COLLEGE TELEVISION FALL 1997 BROADCAST SCHEDULE PROGRAMS BEGIN SEPTEMBER 1, 1997 TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 10:00 am Ltu�ng with Earth Revealediv�rxgir�th Earth Revealed Faces o ture>' HeaCth, Wealthl ) 10:30 am ac.. s of Culture Marketing F c s cs utt040- Marketing Fapas Curr 11:00 am S:�ciologicaI Government by Soc�otogicak Government by Socinio cat l ayinafion Consent Erriagln tion Consent en �Rl 11:30 am Hc�n antt�es thx�s For All Practical F1 anipes the For All Practical t�piolpglca€ Purposes the arts ::..>: Purposes ;:<lragcn�tion 11 12:00 m a e to:: ave the. 12:30 pm KCCC BULLETIN BOARD Plarret,{R) 1:00 pmcvernnent ;i�Oise,nt f ):. 1:30 pm Gpventxrent hy` Coast l ) 2:00 pm The Black Eco News {R)' Marketag fFt) Ethics in a:trierica Entrepreneur Art of the Western World 2:30 pm History of History of Marketing fll Mexico Mexico 3:00 pm Crgssroatis:;Cafe Eco News Crrsssroails Cade legrnt� g Ethics in America An Open -nn (R) Window 3:30 pm Crossroad Ca#e The 90's ra sr cads f �Jntermed ate r termer gate {R) 4:00 pm Literary Visions Living with Living with Health (R) Race to Sault the: Health (R) PlarZetKCCC BULLETIN 4:30 pm Literary Visions Humanities thru :: Humanities thru BOARD the Arts (R) the Arts (R) 5:00 pm Wee Poets Literary Visions Kimetic Visions iCC Steal:;: JR) Programming 5:30 pm The Black Literary Visions Entre p reneur (R) (R) 6:00 pm World of World of Grand Piano Chemistry Grand Piano Chemistry OFF AIR 6:30 pm Taking the Lead Taking the Lead Shaded programs are simultaneously shown on the CCTV network. _. .......................................... . 10. Eauioment Usage Level. Do you keep track of the use of your facility's equipment, including the number of hours of available equipment time and the number of hours of actual use, by category of equipment? c Yes Na If Yes, please provide the following information: A. Studio(s) 199 19 Number of studios - Total annual hours available-per studio ' sz� C, Total annual hours used - per studio ' 230 .� .,�,.,, I��'.��t,�✓�' r✓l..r..� ham' �" �'ass � ��r� � ,� S. Editing Systems 1297 Number of editing systems ._ Total annual hours available-per system L ' i f - -- Total annual hours used-per system C. Portable, Single CameraNCR Units J997 1 4 1 Total number of units -3 - `_3 Total annual number of check-outs (all units) flt Zi r U 11. Training Servi es Provided. A. Do you provide training classes in video production, media literacy, etc.? kl"' Yes No B. If Yes, please provide the following information. List the names of the training classes offered in IM, the length of each class,the number of classes offered, the average number of enrollees per class, and the total number of people trained in 1999. No. of No. of Average Total No. Hours Classes No. of of People Per Offered Enrollees Trained mss ame ( in 1 et Eer Class in 19U ... 1. 07 o " 2. 3. 4. 2 UP 6. _t�,IaMMIOIY 7. ' � ; , 8. Page 4 i i MEDCM 154-Advanced Video Projects Media and Communication Arts 1-4 units: 1.2 hours lecture, 3-6 hours laboratory,SC, DG Prerequisite: MEDCM 152 and 153 (MEDCM) This class offers advanced video students the opportunity to continue their work in video production by pursuing indepen- I (See also Journalism for classes in: TV News Writing dent video projects on an intensive,individual basis. Projects I and Production) may include studio productions or field productions approved MEDCM I00-Topics In Media and Communication by instructor. Arts MEDCM 155-Acting and Directing for Television .5-4 units: lecture andlor laboratory hours,SC, DG 3 units: 2 hours lecture, i hour laboratory,2 hours laboratory by This is a supplemental course in the media and communication arrangement,SC, DG arts designed to provide a study of various topics,to be announced each term in the current course schedule.This This course is an introduction to acting and directing for course maybe repeated three times. televised dramatic productions.Topics include elements of entertainment,thinking visually,the dramatic script,finding MEDCM I i0-Television Production Laboratory character,staging the actor,staging the camera,developing suspense.Students will direct and act in a variety of short .5-3 units: 1.5-9 hours laboratory,SC, DG dramatic productions that may be shown on Contra Costa Prerequisite or Corequisite: concurrent enrollment in one of the College's television station,KCCGTV. following: )RNAL 151 or MEDCM 152 or 153 Note: normally offered in the Fall and Spring. This course is a laboratory class in television news and video production. Includes planning;researching and writing news packages;ENG videography and field production;videotape MEDCM 157-Documentary Film and Video editing;designing computer graphics;inputting chryons; anchoring on set;directing;audio engineering;technical 3 units: 3 hours lecture, DG directing;studio camera operations;producing for KCCC-TV This is a survey course thaatt explores documentary film and programs and station operations management.May be repeated video during the past fifty years. Topics include: history and three times. aesthetics of documentary filmmaking,.the newsreel,documen- tary as journalism,feminist visions,the African American MEDCM 140-Video Technology experience,gay liberation,the narrative documentary,docua i drama,cinema verite,biography and historical documentary. 3 units: 3 hours lecture,SC, DG Prerequisite: MATH 115 or equivalent MEDCM 158-American Cinema Advisory: concurrent enrollment in MEDCM 110. 3 units: 3 hours lecture,SC, DG A comprehensive examination of the electronics of video and American Cinema,an introduction course in film studies,is a audio signals. Topics include basic electronics,information survey of the American film industry as an art form,as an theory,analog and digital video signals,analog and digital industry,and as a system of representation and communication. audio,digital comprehension,and television systems. Empha- The course explores how Hollywood films work technically, sis is placed on the application of theory to practice. aesthetically,and culturally to reinforce and challenge America's national self-image. MEDCM 152-Basic Video Production 3 units: 1.5 hours lecture, 15 hours laboratory, 3 hours by Note: normally offered in Fall and Spring. arrangement,SC, DG MEDCM 160-Introduction to Multimedia This course is an introduction to the planning,organization and 2 units: 1.5 hours lecture, 1.5 flours laboratory, SC, DG production of video programs.Topics include concept develop- This is a survey course that explores the history of interactive ment.script writing,production planning,lighting,audio,crew multimedia and its current platforms such as CD ROM,video positions and the use of studio equipment.Students will plan games and the Internet. Students will review the various and make a series of productions that will be shown on Contra applications of multimedia in sound,animation,video,graph- Costa College's television station. ics,and authoring. They will also explore how multimedia products are developed,designed,produced and marketed. . MEDCM 153-Advanced Video Production 3 units: 1.5 hours lecture, 1.5 hours laboratory, 3 hours by MEDCM 298-Independent Study arrangement,SC, DG .2-4 units: SC,DG 11 Prerequisite: MEDCM 152 Prerequisite: educational contract of study signed by an instructor, This course is a continuation of the planning,organization and department chair and college dean.Topics must extend beyond production of video programs.Topics include project proposals regular course offerings. and budgets,television camera operation,audio signals,video This course is designed for selected students to pursue indepen- recording formats, studio production and directing.Students dent study in media and communication arts under the will make advanced studio productions that will air on KCCCGTV, Contra Costa College's television station.They will also serve as direction of an instructor. technical crew for a weekly television news show. This course may be repeated three times. Legend: DG=Degree Credit,ND=Non-degree Credit,LR=Letter Grade,CRNC=Credit or No Credit,SC=Student Choice, CAN=(see page 88) 168 z C. Please provide your current total number of trained/certified producers. e.�-, D. Please provide a copy of your training curriculum and any associated handouts. is '�, ✓ 12. Operating Rules and Procedures. Please provide a copy of your current Access operating rules and procedures. - SVA " 13. Access Users. A. Please provide a list of the organizations, schools, colleges and universities, and divisions of local government which have used the Access resources and servicesprovided by you in 1998 and 1999. B. Please estimate the number of individuals (not affiliated with any of the above groups) who used the Access resources provided by you in 1998 and 1599. 1998: 1999: 14, Othgr Access Services. Please describe any other Access services you provide, such as outreach, newsletter, promotion, etc. Attach a copy of examples of such services where appropriate (e.g., a newsletter). Attach additional pages as needed. 15. EQUIRMenj Re ours s -- uan ity and'Type. Attached is a series of worksheets regarding equipment and facilities. Please complete the sheets as thoroughly as possible. if you do not have the make and model of equipment available, please fill out the remainder of each sheet. THANK YOU VERY MUCH FOR YOUR ASSISTANCE. Name: dr ���� Phone: ,7/44, 1 Organization: t_'rr 4 ' Address: City/State/Zip: Page 5 � 1 - VIDEO FACILITY INVENTORY - OVERVIEW Facility is used for: Public Access X Educational Access (check all that apply) Government Access Local Origination (NOTE: THIS IS A PROPRIETARY DOCUMENT- UNAUTHORIZED USE IS PROHIBITED) INSTRUCTIONS: Please complete the Video Facility Inventory pages as thoroughly as possible. List each piece of equipment only once, even though it may be used for multiple purposes. (For example, list an editing system's equipment that is located in the studio control room under the "Studio Production Equipment" heading on the appropriate attached form.) If a piece of equipment has multiple functions, list it under the heading which most closely describes itsnp imary location or function. Make a copy of any page that does not include enough space to include all of your equipment packages (e.g., copy the following page if you have more than five camcorders or portable VCR/camera systems). IF AVAILABLE, PLEASE PROVIDE A COMPLETE COPY OF YOUR PRODUCTION EQUIPMENT INVENTORY. A. Normal Hours of Operation for Facility(e.g., 9 a.m. to 9 p.m.): Monday: q - 71' Tuesday: �P Wednesday: 4 P Thursday: Friday: y Saturday: Sunday: B. Is this facility's video production equipment used only for activities related to the creation of programs for cablecast on an Access channel? Yes (if"Yes,"go to item C, below) No If no, how many hours is this facility used during an average week for marketing/advertising production, creation of programs for a Local Origination (L.O.) or Leased cable channel, or for any purpose other than the creation of programs for cablecast on an Access channel? Marketing/Advertising Production: hours/week L.O. or Leased Production: hours/week Other Purposes' hours/week ('"Describe: C. Does your organization own or lease the facility space? I.--' Own Lease D. Please provide the following information about the facility. 1. Tota►square footage: square feet 2. Meeting/Conference/Training Room Size (feet): 2-0 x j 3. Number of offices: } 4. Number of editing rooms: 2 3 5. Estimated replacement cost of ALL production equipment in the facility: $26ye oac -2- VIDEO FACILITY INVENTORY PORTABLE SINGLE CAMERA VIDEO PRODUCTION SYSTEMS (If more than five portable systems, make enough copies of this page to include each portable system) Item Make/Model Quality Level* Condition" Age (Years) System# Camera VCR — Camcorder .QVC ( L Xr2 U t F (Format: ❑ %" 231-VHS ❑ VHS ❑ DV 1 D VCAM 1 D VCPRO ❑ Betacam ❑ Other- System System# Camera VCR Camcorder _ c zs i c 146 (Format: ❑ 3:" @-S-VHS ❑ VHS ❑ DV1DVCAMIDVCPRO ❑ Betacam ❑ Other: System#-I Camera -' VCR Camcorder --�cz' ,C.-)4 ' L'6 _ _j (Format: ❑ W5--g-VHS ❑ VHS ❑ DV1DVCAM1DVCPR0 ❑ Betacam C1 tither 1 System#.� Camera VCR Camcorder (Format: ❑ 35" ❑ S=VHS ❑ VHS ❑ DV/DVCAM 1 DVCPRO ❑ Betacem ❑ Other, ) System#_o Camera VCR Camcorder (Format: ❑ 3:" ❑ S-VHS ❑ VHS ❑ DV 1 DVCAM 1 DVCPRO ❑ Betecam ❑ Other.- Number therNumber of Portable Tripods: Condition**: Age(years): Number of Extra Battery Packs: Condition": Age(years): -3 Number of Portable Lighting Bits: 3 Condition**: 'e4- Age(years): Number of Microphones: Condition**: Age(years): Jr B=Broadcast, 1=Industrial/Professional, C=Consumer E a Excellent, G a Good, F a Fair, P=Poor -3 - VIDEO? FACILITY INVENTORY VIDEO EDITING S`YSTEms (N0T IN STUDIO CONTROL ROOM) (If more than two editing systems, make enough copies of this page to include each editing system) v 11ja10P1j(M3 5_0-"'X Item Make/Model Quality Level* Condition" Age y—earsl fi System#/ Video Player 1st ileo Player 2 Video Recorder Scn.sf >i r e7 Edit Controller S rn cf AC Z Y_` �1'�O Video Monitor A?4�0' c CT Video Monitor /mac as&-"7/C. 9 7- Video -Video Monitor C.G.lGraphics i9� / Ze-ajIn, l r Switcher Audio Mixer SJI Cl4f Z L�rrJI` l >`8 Z —r TBC(s) j .WITape Player Microphone ,� (Video Player Format(s): Q 1" �-VNS ❑ VHS ElDV I DVCAM 1 D"VCPR0 �,�Betecem ❑ Other: ) (Video Recorder Format: at`Y," ❑5-VHS ❑ VNS ❑ DV 1 DVCAM 1 D VCPRo O'Betecam ❑ other ) System# - Video Player 9 & Video Player 2 Video Recorder I/O Aid'.. - Ssoo 2 Edit Controller •J V6 RH 6 2 Video Monitor '_T�vc -r4—13 _. _. -3 Video Monitor J_YC 7/-1,- 13 IS a 3 Video Monitor cr-l f Q m 1 P C.G./Graphics Lae 0-LiC5,L„It&.Z2��Il��._i�_,_ Switcher -- Audio Mixer `- TBC(s) CD/Tape Player Microphone _.� (Video PlayerFormst(s): C3 3.” LJS-VHS El VHS C30V/DVCAMIDVCPRo E3 Betacam ❑ other ) Video Recorder Fonnat E3 Y." 2'S-VHS ❑ VHS ❑DV 1 DVCAMI DVCPRo El Betacam ❑ Other ) B=Broadcast, l=industrial/Professional, C=Consumer E=Excellent, G=Good, F=Fair, P=Poor _............................................................................ - 3- - VIDEO FACILITY INVENTORY VIDEO EDITING SYSTEMS ( LOT IN STUDIO CONTROL ROOM) (If more than two editing systems, make enough copies of this page to include each editing system) item Make/Model -Quatity Quality f`rar#d'rtion** Ade Yearsl System# Video Player 1 Video Player 2 Video Recorder Edit Controller '' Gr Video Monitor Video Monitor - Video Monitor _ C.G./Graphics Switcher Audio Mixer TBC(s) CD/Tape Player Microphone ` Video Pisyer Format(s): 0 3'" C3 VHs O VHS CI DV/DVCAM/DVCPR0 U Setacam Cl other. ) (video Recorder Format. Q w D S-ws ❑ VHS C3 DV t DVCAM/DVCPRD D Betacam 13 0ther. ) System# Video Player 1 Video Player 2 Video Recorder - Edit Controller ' Video Monitor mss ' a Video Monitor - 1°� , 'Gf ..1 C f Video Monitor C.G./Graphics Switcher -- --- Audio Mixer TBC(s) CD/Tape Player - - Microphone Video PlayerFormat(s): C1 3r" 0 S.VHS C VHS Q DV/DVCAM/DVCPR0 1389tacam C3Cather: ) Video Recorder Format: 0 W CIS-VHS CI VHS C7 DV I DVCAMI DVCPR0 C]Setecam Daher-) " B Broadcast, I a Industrial/Professional, C Consumer E n Excellent, G=Good, F a Fair, P wsPoor - 3- VIDEO FACILITY INVENTORY VIDEO EDITING SYSTEMS (NOT IN STUDIO} CONTROL ROOM) (if more than two editing systems, make enough copies of this page to include each editing system) Item Make/Model Quality Level* Condition" Ape (`fears) C System # Video Player 1 Video Player 2 Video Recorder Edit Controller ] &"S Video MonitorGI � '`Ci4 Video Monitor Video Monitor C.G./Graphics Switcher Audio Mixer TBC(s) CD/Tape Player Microphone L (Video PlayerFomiat(s): ❑ X" ❑S-VHS ❑ VHS ❑ DVIDVCAMf17VCPRO ❑6etecam ❑ Other. ) (Video Recorder Format: ❑ X" ❑ S-VHS ❑ VHS ❑ DV/DVCAMtDVCPRG Q Betacam ❑ Other._) System#_ Video Player 1 Video Player 2 Video Recorder Edit Controller Video Monitor Video Monitor Video Monitor C.G./Graphics Switcher Audio Mixer TBC(s) CD/Tape Player Microphone (Video Player Formet(s): © W ❑ S-VHS ❑ VHS ❑DV I DVCAM I DVCPRO, C) Setecam © Other. ) (Video Reorder Format. ❑ w ❑ S-VHS C] VHS ❑ DV/DVCAM f DVCPRO ❑ Setacam ❑ Other ,,,) B=Broadcast, 1 Industrial/Professional, C=Consumer "' E=Excellent, G Good; F$Pair, P=Poor -4- VIDEO FACILITY INVENTORY STUDio,PRoriucnoN FACILITY (if more than one studio, make enough copies of this page to include each studio) Studio# i f Studio Dimensions (feet): length x Width x f Height Is there a lighting grid installed in the Studio Production Facility? U No 1S Yes -► Number of Studio lighting Instruments: ' Condition*: f-F Age(years): Type of lighting Control System: El Dimmer Controls On/Off Switches Is there a separate Set Storage Room? No Yes -► Dimensions (feet): length x Width x Height Number of Microphone/Audio Cutlets in Studio: Is there a Studio Monitor? No W Yes -* Make/Model: 0 7 1 ,4 Condition*: Is there a Studio Cyclorama or Curtain(s)? No ❑ Yes -* Condition*: Do you use an Intercom System in the Studio Production Facility? No Yes -- Number of headsets: Condition*: f-10 Age(years): 7- -Studio Control Room Dimensions (feet): �L.� length x 0 Width x � Height Are Studio Control Roam facilities also rqguiLr&l for videotape playback on the channel(s)you manage? U Yes No Can programs be cabiecast hyq from this Studio Production Facility? Yes CI No E=Excellent, 0 a Good, F=Fair, P=Poor 5v VIDEO? FACILITY INVENTORY STUDIO PRODUCTION EQUIPMENT (!f more than one studio, make enough copies of this page to include each studio) Studio# f Make/Model Quality Level* Condition** Age (Years) Camera#1 �rm D.�C.'-` 3 Z,7 IT C Camera#2 Camera#3 2 3 19 Camera#4 _ I 0 �Cf©C�� 1� � 67 Tripods (quantity: VCR#1 JCz Yi St 1�C A6-1 T CT VCR#2 VCR#3 VCR#4 �- (indicate Studio VCR Format(s): ❑ %* 2S-VHS ❑ VHS ❑ DV t DVCAMI DVCPR0 ❑Betecarn ❑ Other. Production Switcher/SEG C;L, f-�1 fl ` 4�e� ) 1 IS 1 TBC#1 f is s 1 C TBC#2 Edit Controller C.G./Graphics Unity L C Cy /r��'eiuz'r- 2- .vac C 19 .. c Color Monitors (quantity: 3 BM Monitors (quantity: ) S f ' ` nom 13�c Waveform Monitor _ Vectorscope t ' Audio Mixer CD/Tape Player Hand Mics (quantity: Lavaliere Mics (quantity: on 13 T * B=Broadcast, I=Industrial/Professional, C y Consumer E=Excellent, G=Goad, F=Fair, P=Poor rte. .r ��wyy ..�.. VIDEO FACILITY INVENTORY PORTABLE OR MOBILE MULTIPLE CAMERA FIELD PRODUCTION EQUIPMENT Installed in Vehicle? 0 No ❑ Yes (if Yes. Vehicle year/make/model: } Dedi te¢*Camera Cables: Now Many? _ Total length: Feet Dedicated Audio Cables: Now Many? Total length: _,.,,Z,,7C o, Feet *"Dedicated"means that the items are used only with this multiple camera field production equipment package. Rpm MaketlVlodel Quality Levet* Condlfn** Age (Years) Camera#1 _ - Camera#2 --�— Camera#3 Camera#4 _ - Tripods (quantity: } VCR#1 VCR#2 VCR#3 .. - (indicate VCR Format(s): ® Y. Cl S-VHS ❑ VHS ❑DVI DVCAM I DVCPRO ❑Betacam ❑ other: } Production Switcher/ EC �Qe C7 TSC#1 TIBC#2 .. Edit Controller Color Monitors (quantity: BM Monitors (quantity: 3 ) e222!�.Sr9'n I'C kL�� 1 -_ C.G./Graphics Unit Waveform Monitor - Vectorscope - Audio Mixer I 1.1 ,7.. . . ` 1- 4 - CD/Tape Player Audio make (quantity: ) Microphones (quantity: ) B Broadcast, t a industrial/Professional, C Consumer "' B Excellent, G s Good, F-Fair, P=Poor - 7- VIDEO FACILITY INVENTORY MASTER CONTROL/PLAYBAcK FACILITYAND EQUIPMENT - Is this a dedicated Playback Facility? (e.g., equipment is not shared with studio control room package) 2ry/es Z1 No Master Control/Playback Facility Dimensions (feet):/7 Length x j Width Number of Channels Controlled: Do you have five programming capability? ❑ No �c424 @Yes, can go live via: ZStudio 5dMicrowave Cable Return Feed ❑ Satellite Other: .ZS-..OIV tr°S'C r ��l Eck Playback Facility Item Make/Modell Quality Level* Condition** Age(Years) Videocassette Player#1 >� r C A6 " q bo Z Videocassette Player# J-vc6oc) C Videocassette Player#3 � '�' ' iris 1 Videocassette Player#4 _�iC?r. [/P -5-02-0 Videocassette Player#5 AC7 - 1q,5-0 T Videocassette Player#6 Videocassette Player#7 Videocassette Player#8 Videocassette Player#9 Videocassette Player#10 Videocassette Player#11 ` Videocassette Player#12 ✓ - T (Videocassette Player€ormat(s): Z1 y," Zs-VHs it7 VHs ❑Dv1DVCAM1L)VCPRO ❑ Betacam ❑ Other. Automated Playback Controller Manual Swi#cher/SEG V 5:5`/2.C✓ � t --- TBC(quantity: ` Color Monitors (quantity: } - `Vt` �y� r D py o C _ r 7-10 B/W M6nitors (quantity: C.G./Graphics Unit Waveform Monitor 14 if� Audio Mixer / ' 7 Tape Player art /L ' B=Broadcast, I=Ind ustrial/Professional, C$Consumer *` E=Excellent, G=Good, F:Fair, P=Poor -8- VIDEO FACILITY INVENTORY ViEwiNGIDUBBING EoUIPMENT Is there a i ated Viewing/Dubbing Area? (i.e., not used for any other purpose) No ❑ Yes -► Dimensions(feet): Length x Width Do you have dedicated Viewing/Dubbing Equipment? (i.e., not used for any other purpose) ❑ No 0 Yes (If Yes, complete this page) Number of Viewing/Dubbing Stations: Age of VCRs: I @ years / @--7 years @ years @ years Viewing Equipment Formats: '!" @S-VHS ZVHS ❑ DV/DVCAM /DVCPRO lZBetacam ❑ Others: Dubbing Capabilities: ,--,, '/." -to: Imo%," C S-VHS Q VHS ❑ DV/DVCAM/DVCPRO �Ketacam ❑ Others: S-VHS-to: O7 S-VHS OVHS ❑ DV/DVCAM/DVCPRO U3"Betacam ❑ Others: VHS-to: /," R'S-VHS tr VHS ❑ DV/DVCAM/DVCPRO Q'�B-etacam ❑ Others: DV/DVCAM/DVCPRO-to: ❑ 3/4" ❑ S-VHS ❑ VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Betacam-to: i S-VHS VHS ❑ DV/DVCAM/DVCPRO 5-Betacam ❑ Others: Other( )-to: ❑ '/." ❑ S-VHS ❑VHS ❑ DV/DVCAM/DVCPRO ❑ Betacam ❑ Others: Do you have a video projection system? EfNo ❑ Yes (if Yes, describe below) Make/Model: Age (years): _g- VIDEO FACILITY INVENTORY MAINTENANCE AND TEST EQUIPMENT Annual budget for outside equipment maintenance: $ �4e Annual budget for spare/replacement parts: $ �?o Do you conduct in-house maintenance? ❑ No Yes (If Yes, complete this page) Is there a dedicated Maintenance Area? (i.e., not used for any other purpose) ❑ No r Yes -► Dimensions (feet): Length x ? Width Do you have dedicated Maintenance and Test Equipment? (i.e., not used for any other purpose) ID No ❑ Yes (if Yes, continue Waveform Monitor? ❑ No ❑ Yes Condition": Age (years): Vectorscope? ❑ No ❑ Yes Condition-: Age (years): Dual-trace Oscilloscope ? ❑ No ❑ Yes Condition": Age (years): Camera Test Charts? ❑ No ❑ Yes Condition": Age (years): VCR Adjustment toots (e.g.,tape tension gauges, etc.)? ❑ Yes ❑ No Condition'*: Age (years): Other maintenance/test items (describe): E=Excellent, G Good, F=Fair, P=Poor - 30- VIDEO FACILITY INVENTORY TRAINING FACtuTy Is there a d: icatpd Training Area? (i.e., not used for any other purpose) No Yes -► Dimensions (feet): Length x Width ©o you have gjd:iTraining Equipment" (i.e.,not used for any other purpose) ,W No 13 Yes (if Yes, continue) Portable single camera production equipment(describe): Video Editing Equipment(describe): Multiple Camera Production Equipment(describe): Video Graphics Equipment(describe): Other(describe): VIDEO FACILITY INVENTORY ELECTRONIC GRAPHics PRODUCTION EQUIPMENT Is then p a dedicated Electronic Graphics Production area?(i.e., not used for any other purpose) ;5 No Yes - Dimensions(feet): Length x _ Width Do vou have dedicated Electronic Graphics Production Equipment? (i.e., not used for any other purpose) �6 No Yes (if Yes, describe below) ............................................................................. ............................................................................................... ..............................- ........ ....... ....................................1.11,11, ''I'll, . 12- VIDEO FACILITY INVENTORY REMOTE-CONTROLLED PRODUCTION EoU1PMENT(COUNCIL CHAMBERS OR MEETING Room (if more then one, make enough copies of this page to include each location) Location of Remote-Controlled Production Equipment Package: Gs f � jq�5 - ll/ Equipment is used for(check all that apply): 0 Government Access Educational Access 0 Public Access Item Make/Model Quality Levet* Condition''' Age(Years) /_ _ ir N�c� V-C z-o Cameras (quantity: Z- ) l r , j I e e ICS -C 5 -r 7 3 Camera Controller(quantity:.} %tltiG'�i bC ', `/'' Camera Mounts (quantity: ) / > C �' 0 )p (indicate Camera Mount type(s): 0 Tripod ,Wali 0 Ceiling 0 Pedestal ® Other 1 VCR#1 VCR#2 7u VCR#3 VCR#4 (indicate VCRFormat(s): 0 3:" 0 S-VHS VHS ®DV/DVCAM/DVCPRO ❑ Betacam 0 Other. ) Rfadortbn SWitcherAE-8 Y J� `� Z_ TBC#1 TBC#2 Edit Controller C.G./Graphics Unit q� Color Monitors (quantity: BIW Monitors (quantity: 3 VI/V-_ 52-00 ba Waveform Monitor Vectorscope Audio Mixer 67 ,� -/y1X3,//a 3 CDfTape Player Microphones (quantity: } &I B a Broadcast, i=industrial/Professional, C Consumer '~ E=Excellent, G=Good, F a fair, P=Poor DRAFT-- CONFIDENTIAL. APPENDIX 6 AT&T Cable Services Channel 3 Programming & Operating Policy AT&T Cable Services AT&T Cable Services Channel 3 Programming & Operating Policy AT&T Cable Services encourages residents and non-profit organizations of Martinez, Pacheco, Clyde, Pleasant Hill, South Walnut Creek, Rossmoor, Lafayette, orinda, Moraga, Alamo and Danville to take advantage of the video production facility provided by AT&T Cable Services Ch. 3 to produce programs that reflect local community interests. • Became a voice in the community • Increase awareness of services offered by your organization • Turn your idea's into an on-going TV show Studio l°acility AT&T Cable Services Community Ch. 3 provides a three camera studio and portable VHSISVHS camcorder equipment to residents who are interested in producing programs about local people, local issues and events. No previous television experience is required to use the studio, editing equipment and camcorders. Video production training will be available to all applicants and volunteers who Meet AT&T Cagle Services community programming guidelines. Prog ramrrring Hours available for programming will be determined by AT&T Cable Services studio staff. Current programming on AT&T Cable Services Ch. 3 is Monday- Friday from 4:00pm to I1:00pm. All programming is subject to change without notice. The Ch. 3 Community Billboard is broadcast during non-program hours. Studio Location AT&T Cable Services Ch. 3 studio is located at 700 D Street, Martinez, CA. Studio hours are Monday through Friday from 9:00am to 5:00pm. For information on studio availability, video production training and submitting your video program or public service message for broadcast, contact AT&T Cable Services Ch. 3 studio staff by calling(925)228-5863. Residency t„ mlificairjons • Applicants must be eighteen (18) years old and provide at least two (2) of the following forms of identification to verify permanent residency within the cities served. (1) Drivers License/ Identification Card/Cable Bill/Utility Bill/Bank Statement (2) Apartment or Home rental agreement/Property tax statement t W-2 statement • Applicants under the age of eighteen (18)who otherwise may be eligible to use the AT&T Cable Services production facility will be required to have parental consent and parental supervision during production. Applicants parent or guardian should refer to section pertaining to financial liability associated with the use of all studio equipment. • Proof of residency documents must show the name of the applicant and address of residency within the city limits of Martinez, Pacheco, Clyde, Pleasant Hill, South Walnut Greek, Rossmoor, Lafayette, orinda, Moraga, Alamo and Danville. Post office Bax addresses will not be accepted as proof of residency. • Residency documents must be provided at the time of agreement signing. If unable to do so, applicant will have thirty(30)days to provide such documentation. No facilities or equipment will be made available until documentation is provided by applicant. After thirty (30) days without such documentation, access user agreement is considered void. AT&T Cable Services Ch. 3 Operating Policy& Procedures All producers and/or program sponsors must agree to the following terms. • Programs produced for AT&T Cable Services Ch. 3 should reflect local community interests. For example, programs that highlight local community organizations, fundraising events, cultural interests, hobbyists clubs,sporting events, local celebrates, art music and theatrical entertainment, health, economic and educational concerns, wildlife and environmental protection issues. • All producers and/or program sponsors must be listed in the credits of the produced program. Credits must be listed at the beginning and end of the show to identify producer and sponsor. An access disclaimer,which releases AT&T Cable Services and AT&T Cable Services Ch. 3 from any legal responsibility for program content, must be added to the beginning of the program. Any additional editing that may be necessary to add the disclaimer will be the responsibility of the programs producer. • All producers and/or program sponsors must acknowledge that AT&T Cable Services and AT&T Cable Services Ch. 3 shall not be liable for any failure to broadcast scheduled programming, for whatever reason. All producers and/or sponsors acknowledge that programs that failed to be broadcast will be given `make good'time at a future date and time. • AT&T Cable Services Ch. 3 reserves the right to reschedule any program at any time with programs like, but not limited to, local elections, city council meetings and special event programming that provide information and entertainment to our viewing audience. • AT&T Cable Services and AT&T Cable Services Ch. 3 assume no risk and make no guarantee, expressed or implied, regarding the safety of tapes or other related material in possession of AT&T Cable Services employees. Producer/program sponsor release and agree to indemnity and hold harmless AT&T Cable Services and AT&T Cable Services Ch. 3, its employees, agents and interns from responsibility if the program(s)andlor any related tapes or other materials are damaged, lost or stolen while in the custody of AT&T Cable Services or AT&T Cable Services Ch. 3. Community Programming, Public Service Announcements and Billboard messages may not contain the following information: • Announcements promoting or advertising cigarettes, firearms or alcoholic beverages. • Material that is obscene, indecent, libelous, slanderous or an invasion of privacy • Lottery games or advertisement information designed to promote a lottery event • Material designed to promote the sale of commercial products or services. • Billboard Announcements advertising political rallies, candidate fund raisers, political forums or issues representing the interests of on particular candidate or organization. Scheduling Access Studio Production Equipment • Production request forms must be on file to schedule the use of the AT&T Cable Services Ch. 3 studio,editing suites and VHSISVHS camcorder equipment. • The Ch. 3 video production equipment is for the purpose of producing community programs. Any production equipment used for commercial gain will be subject to commercial production and cablecast guidelines. (Refer to guidelines for commercial programming) • Producers and volunteers will be required to complete a video production training course. Those with previous experience and who have passed an equipment evaluation exercise will be permitted to use the studio, editing suites and camcorders. • VHSISVHS camcorders must be requested at least ten(10) days prior to tentative production date. Confirmation or cancellation must be made no later than five (5)days prior to scheduled pick up date. • The availability of the Ch. 3 studio and all other video production equipment is subject to change without notice. When possible, studio staff will notify applicants affected by production schedule changes or equipment failure to allow adequate rescheduling. • Smoking,eating and drinking will not be permitted at any time in the offices, studio, control room or editing suites. • Any person under the influence of drugs and/tar alcohol will be prohibited from using any AT&T Cable Services Ch. 3 video production equipment. • Financial Responsibility: Any damage to studio, editing, camcorder and related equipment caused by misuse or negligence will be the financial responsibility of the producer and/or equipment operator. This includes any loss of studio and camcorder equipment do to theft or unexplained disappearance. Producer and/or equipment operator will be responsible for making sure all video equipment is in goad working condition before and after use to avoid repair or replacement casts. Producing Your Access Program-What are the costs involved? • Studio productions: Producers are allocated three (3) hours of studio production each month at no charge. Productions that extend beyond the three(3) hour a month limit will be subject to a$1.00 per minute charge for the first hour and a$2.00 per minute charge for every hour thereafter. • VHS/SVIiS Editing: Editing that extends beyond the three (3) hour a month limit(no charge) is subject to a charge of$35.00 per hour with editor or$20.00 per hour without editor. • %" Editing: Suite A Can-line editing that extends beyond the three (3)hour a month limit (no charge)will be subject to a$65.00 per hour charge with editor or$35.00 per hour without editor. Suite B- Off line editing beyond the three (3) hour limit will be subject to a $50.00 per hour charge with editor or$25.170 per hour without editor. • VHS/SVHS Camcorder: There is a three(3) day loan limit for the camcorders. Camcorders will be scheduled on a first-come first-serve basis. Camcorders will not be scheduled until proof of insurance (homeowners or renters liability insurance) has been provided by the user. Access Programs for cablecast must comply with the following production and technical standards • Programs submitted for playback must be recorded on %'U-matic, VHS or SVHS format. VHS and SVHS programs must be recorded in the SP mode, using good quality tape to avoid tape drop out and signal noise problems during cablecast. • Each program must have 30 seconds of NTSC color bars and 400 Hz(zero db)audio tone followed by 30 seconds of black. A slate identifying the programs title, running time, production date and producer, followed by a ten (10) second countdown prior to the program start. • The beginning of each program must display opening graphics identifying the program title. The end of the show must have closing credits, identifying the producer, crew, sponsors and acknowledgments, followed by thirty(30) seconds of black. Programs that are not produced locally must fist a local associate producer who resides with the cities in Ch. 3's cable coverage area. • Maximum program running time for a thirty (30) minute time slot is twenty nine (29) minutes. The maximum program running time for a sixty(60) minute time slot is fifty nine (59) minutes. Any program exceeding this time requirement maybe subject to program review charge. • Each program scheduled for cablecast must have an outline listing the guests and topics of discussion. I.Q. labels must be on the tape case top and spine, with program title and total running time. The tape case front must be labeler)with show title, total running time, return address and producer name and phone number. • All programs must meet Ch. 3's production and technical guideline standards to avoid a $15.00 review charge. We reserve the right to review any program to check for production and technical quality for which a program may be canceled or taken off the air do to non- compliance with these guidelines. • Any program that misses three(3)consecutive scheduled airings will be dropped from the Ch. 3 program line-up. It is the producers responsibility to notify studio personnel of any production problem or change that may affect a scheduler) playdate. Scheduling Access Studio Productions, Producer Responsibilities • Under current access guidelines,AT&T Gable Services Ch. 3 has no control over program content. The producer assumes full responsibility for any legal action that might result from program content. • in order to expedite the producer requests, production request forms must be completed and returned to AT&T Cable Services Ch. 3 no later that ten (10)stays prior to the scheduled production date. Failure to do so will delay the scheduled production date. • If training of new crew members be required, make arrangements for a studio training session. No production date will be scheduled until a minimum of four(4) crew has been trained. Any crew member under eighteen (18) years of age will require a parent or legal guardian to complete the AT&T Gable Services Ch. 3 Access User Agreement section concerning under age participants. • Provide Ch. 3 studio staff with a crew list with names, phone numbers and crew positions at time of application. If any production has less than the minimum four(4) crew people, it may necessitate cancellation at the discretion of AT&T Cable Services Ch. 3 staff. • Relay studio production information to all crew members about upcoming studio projects that will require studio set-up,editing or on-location production. • Arrive promptly for each production. If additional time is required to prepare for studio or editing, notify Ch. 3 studio staff as soon as possible. • A release forret must be signed by all performing and interviewed guests. Producers are to keep releases on file for as long as program is cablecast on Ch. 3. • Provide music soundtracks for show open and closing credits, including all necessary graphics and display illustrations relating to programs content. • Producer assumes full responsibility for any legal dispute associated with unauthorized use of trade names,trademarks and copyrighted material. Begin and end studio productions and editing sessions on time. Producers who exceed the three (3) hour per month time limit will be subject to studiofediting charges. Before exiting the studio. cap all camera lenses, lock all tripod Paan and tilt knobs, disconnect microphones and audio cables,turn power off to all studio&control room equipment, remove props and clean studio as needed. It is the producers responsibility to make sure all crew members are aware of our negligent damage policy. Scheduling Access Programs for Cablecast. Producers Responsibility. • Access programs will receive two(2) airings each month for a program 30 minutes in length. One(1) airing per month for a program 60 minutes in length. • Cablecast request forms must be completely filled out and returned to Ch. 3 promptly, no later than ten(10) days prior to the scheduled cabiecast date. Failure to comply will delay program scheduling. • Make an appointment with Ch.3 staff to deliver and review your program seven (7)days in advance of the scheduled play date. • All programs will be scheduled according to availability's on a first come,first serve basis. No guarantee is expressed or implied to producers or program sponsors that a specific day and time will always be available do to continued and unavoidable changes in scheduling. • AT&T Cable Services Ch. 3 retains the right at all times to pre-empt any program for cause, such as, but not limited to, emergency or users noncompliance with the AT&T Cable Services access guideline agreement. • Pick-up program tapes from our facilities within fifteen (15)days of air date or provide a self addressed envelope for return mailing.AT&T Cable Services Ch. 3 assumes no liability for unclaimed tapes that may be missing or misplaced after fifteen(45)days. • Producers requesting program mail service to other cable systems operating within Contra Costa County will be determined on a case by case basis. At Ch. 3's option, program tapes may be mailed as a courtesy. Upon agreement, producer acknowledges and accepts ail shipment risks(late tape arrival, tape damage, lost tapes, etc.) associated with mail delivery. AT&T Cable Services Ch 3 Production Equipment and Technical Support • Three (3) camera studio with W video recording equipment. W, VHS and SVHS editing equipment. One (1) SVHS camcorder, One(1)VHS camcorder with accessory equipment and W, VHS and SVHS playback equipment. • Appointments are available for pre-production planning and technical advice to alleviate production problems during studio, on-location or editing projects. • Training for applicants and volunteer crew who meet AT&T Cable Services Ch. 3 community access guidelines for producing local programs. • Three (3) hours per month of studio or editing time to qualified applicants at no cost. • Cablecast of completed program during normal playback schedule. • Tape duplication: Producers requesting tape duplication will be required to pay duplication fees at the time of request. Charges do not include the price of tape stock. • $20.00 for a 30 minute'/,"duplication. $40.00 if Ch.3 supplies tape. • $40.010 for a 30 minute VHS/SVHS duplication. $15.00, plus tax if Ch. 3 supplies tape. • Bulk duplication charges will be based on the number of tapes requested. • Duplicated tapes must be picked up from the studio with fifteen (15)days of completion. AT&T Cable Services Ch. 3 assumes no liability for unclaimed tapes that may be missing or misplaced after fifteen (15)days. AT&T CABLE SERVICES CHANNEL ACCESS USER AGREEMENT Agreement entered into on the day of 200 , by and between AT&T Cable Services and (hereinafter called "User") IN WITNESS WEREOF,the parties hereto have executed this Agreement on the date first written above. Applicant"user" Phone Number Residential Address Program Title City State Zip Cade Format: VHS $VHS UMATIC #of episodes Total run time Parental/Guardian Permission: l certify that l am the parent or legal Guardian of User, who is under the age of eighteen(18). l have given him/her permission to participate in the above stated activities and that l have read the AT&T Cable Services Channel 3 public access application package and fully agree with its terms and conditions. Parent/Guardian Signature Applicant"User"Signature AT&T Cable Services Channel 3 Co-Applicant Signature ASST AT&T Cable Services AT&T Cable Services Commercial Programming/Advertising Guidelines Demographics: Serving approximately 82,CJW customers in Contra Costa County. Martinez, Clyde, Pleasant Hill, Tice Valley area of Walnut Creek (inching Rossmoor), Lafayette, Qrinda, Moraga, Alamo, Danville (including Blackhawk) Availability: Ch. 3 airs LO/Access programming Monday- Friday 4pm - 11:30pm All programming is on a first come, first serve basis. Dates: $100 per 30:00, $200 per 60:00 program. Payments are due in advance of airing. Package rates are available upon request. contract length is negotiable. Tape Format. V, format preferred. VHS and SVHS is acceptable. Technical requirements must be met. Tapes must arrive 7 days prior to airing. Tapes must be properly labeled, including total running time, return address and contact phone number. Content: NO advertisement of tobacco products, firearms or alcoholic Beverages. Program content must confirm to guidelines for Obscenity, slander, etc. Cancellation: Full commercial refund if canceled 48 hours in advance of air. 50%refund 48 - 24 hours before air. NO refund 24 hours or less before air. "Make Goods" are available due to unforeseen circumstances causing programming not to be aired. Contact: AT&T Cable Services 700 b Street Martinez, CA 94553 (925) 228-5863 (925) 228-9691 FAX shepler.charley@td.com :'. : .. "..� .. ..... ...............:.........................:...:;..:.:.......: .. .. IICE _..... ......... ......... ......... ... .. . :>::::>:>:><:<:>:>::>:::>::::><::>::>::>::::>::::>::::>::::>::::>::::>::::>::::»::::>::>::::>:::<:::>::::::::>:::<::>::::>::::>::>::::>::::>:>:<:::>:<:::::>::>::::»::::» >:: �'.. .......................................................................................................................................... .:.. .. 11 ........... .. i' .. 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CONFIDENTIAL APPENDIX 7 NOTES FROM 2004 PUBLIC MEETINGS 1. Key issues facing County and Cities over the next five years. Traffic • Access to funding sources Communications resources to reach funders • Keeping up with technology • Lack of media presence in Contra Costa County (TV) • No model to use -- local media/community model • Needs for job training and career shifts given shortage of student access to college • Demographic needs for certain populations-- language, cultural diversity, low income in need of services, spread out over large area Tele-courses—getting education to learners with time constraints, difficulty getting to campus • Adult learners who need basic skills, without cable • Apartment/condo lack of access to cable service • Cost of cable service Lack of money is key challenge to institutions, service agencies, schools Professional development need for l-Net to provide connectivity throughout county Emergency, safety communications need • Transportation • Interface technology from use of cars • Budget cuts • Funding for networks (i.e. distribution materials) State funding decisions • Cable could provide substitute resources and infrastructure uses • Students needs expanding necessity for connectivity • Parents demand for access to student records Digital divide issues • Nome computers not in all homes Increasing class sizes due to financial cutbacks • Meeting requirement for "no child left behind" • Meeting requirement for"Americans with Disabilities Act" • Literacy ll. • Traffic • Budget problems Increase in population growth • Public transportation • Affordable housing • Working-at-home families need connectivity • School activity for teens • Hospitals • Health care services • Changing age of population — residents aging • Air quality issues • Environmental issues • Growth issues/development • Job growth lacking to meet needs • Senior youth organizations bridging generation gap • Attracting new business • Crime prevention • Increase diversity— how to handle • Tourism • Lack of TV presence that is local • Access to arts • Linking County and Cities in Northern California together • New technologies • Historical preservation • People with special needs • Independent voices being lost • Funding for libraries • Access for shut-ins, information about businesses and services available • Local emergency preparedness and information • Local news • Regional information • Transportation availability • Schools/education transportation • Distance learning needs • Smart growth - III. • Traffic congestion • Jobs • Housing imbalance • State raid on City finances • Budget issues • Air quality • Water quality • Flood control • Transportation • Communication to avoid • Aging population • Security/safety = homeland • Crime prevention outreach ............................... * Emergency preparedness • Language challenges + Demand of control over community by government (regional, federal) of activities in community = ordinances, restrictions on access to information + More information availability and people want that "open government" + Traffic congestion + Interoperability— need agencies to communicate effectively with each other + Community warning system * Education = falling behind in technology area specifically + Pressure to do more services with fewer dollars, especially County • Health and welfare services + High cost of PERS and workmen's comp + Aging infrastructure — everything: streets and walks, plumbing • Educational facility (closing) • Workforce development * Turning potential students away • Library construction and operation • Distance learning — demand for ... • Digital divide IV. • No presence in regional (Bay Area) media • Lack of collaboration around PEC and local programming (no shared resources) * No facilities to meet public need • Digital divide issues + Availability of product by local residents but no distribution capacity • Astound enforcement issues PEG deployment— reason: pooling of resources planned + General funding for schools, etc. held off by state + What is to keep municipal budgets from absorbing 5% gross revenue money to general fund? —"the law„ + Affordable housing + Open space/land use issues * Water issues • Transportation + Health issues/outreach and information • Policies makers lobby elected officials • Lawsuit scares by Comcast strategy with small cities Need courage by City reps to stand firm for residents • Need for public/community college for development of media program • Access to service for English speaking population • Nonprofits underfunded • County advocacy/services need to continue even without funding • Transportation for students to adult education • Parking • Adult education deployment of technology • Lack of quality arts program on systems • Economic vitality • Distance to work • Headquarters of corporate sector in Cities resources for citizen's jobs • Commuter culture • Latch key kids • After school programs to youth population Outreach to youth 2. Key challenges/barriers to communicate with your constituents now' 1. • Lack of TV— media in Contra Costa County • Lack of model for community uses of PEC • Cost of cable service • Language barriers • Getting message out to people • Access — newspaper, media, satellite cost r cost—time effect • Lack of access on a sustained basis • Lack of resources to produce high quality local programming PSAs— either college or community • Cable operator system creates problems itself • Lack of access to cable system • Costs of printing, postage and paper • Marginalization/derogatory of local programming • Lack resources to create quality programs • Cable attitude toward PEG access Lack of flexibility of uses of equipment through Comcast to create good quality programs • Lack of knowledgeable staff • Lack of training • Lack of professional assistance to people from community to produce • Lack of attitude/support of good product • Problem with Comcast managed Access • Lack of choice time slots • Lack of any"Rules & Procedures" by Comcast for equitable/fair uses of system • Lack of up-to-date equipment • Lack of adequate amount of equipment • Unfair practices by Comcast regarding relationships with producers • Lack of TV presence local, Contra Costa County • Comcast • Lack of information and knowledge of what is available • Lack of visualcommunications • Lack of effective local television • Lack of easy access to produce television • Cost of using technologies to communicate • Lack of effective voter information on local and state level • Linguistic barriers • Lack of providing services to those who are visually or hearing impaired • Lack of public feedback mechanism + Lack of awareness about where information is • Lack of interactivity + Lack of connectivity by nonprofits to reach their constituents + Lack of television access for nonprofits + Lack of available time + Hurting newspapers • Lack of full timelreal time information • Lack of money III. • Language barriers • Lack of money for education • Budget constraints + Cost of printing and distribution + Diminishing money for communication (high speed services) • Loss of cable interconnection — high cost keeps penetration down • Cost to consumer for service • Digital divide + Cooperation, collaboration —time to share resources + Lack of local coverage by election media • Information overload + Viruses • Size, number of organizations to communicate with — how to solve the problem of effective communications • Pop up ads — spam = interferes with work + Fewer humans working to interface with residents, seniors, etc. • Lack of staff to interface with public • Distrust of government + Infrastructure and centralized location for technology support • Lack of media center and media resources + Getting cable to be more forthcoming with solutions to communications and problems Rapidly changing standards in technology IV. • Lack of media presence in mainstream media + Lack of available public/private video training educational facilities • Promises of technology not delivered + Computer vs. television availability + Lack of computers in poor families • Lack of immediacy of dissemination of health issues + Lack of PEG facilities sufficient to meet needs • PEG — lack of connectivity, line extension into rural part of County ............................... • Lack of infrastructure sufficient for universal access • Lack of master pian • Lack of knowledge and understanding • Language barriers • F.C.C. • End run at federal level undermining local commitments • Lack of training • Lack of funding to provide resources • Lack of equipment available for public use • Lack of access to government channel programming as insert • Barrier: form in which testimony can be expressed (non video clip, for example) • Lack of facility/Community media center • Lack of checkout of hard drives to use production at home • Sharing of channel • Lack of channel capacity to meet need — not enough channels • Quality of signal of community channels • Unreliability of Comcast's promised scheduled time to deliver • Comcast playback problems 3. How would you use PEG access and/or cable system to reach your constituents? 1. • Fundraising • Reaching funders • Distance learning • Job training • Professional training teachers • Disaster awareness • Emergency alert that can be narrowed down to specific areas • I-Net/infrastructure for schools • Defray DSL costs • Tele-courses to meet home participation by students • Tutoring online • School activities • Interface with schools (information about programs in cable system on PEG) • Programming already produced by kids (want to get it out to homes) • Literacy and remedial training for students entering college • Homework help • Internship/mentorship • Performing arts = available to wider audience • Video on demand • Community pride • Community crime reduction • Tele-conferencing • County Office of Education • Training videos • Information on resources • Quality/advanced production training • Subscriber/video on demand training • Address inequities between "have" and "have not" at high school resource availability Il. • Voter education • Visibility of candidates • Local coverage • Linguistic information — information in different languages • Candidate forums • Hearing impaired/visually impaired programs = assisted technology • Art programs • Local art coverage ............................... • Information about local arts + Public health/safety + Disaster preparedness + Adult based education + Arts/gallery + Heal issues + Latino guests, in English and in Spanish + Local sports + Speaker's forum + Candidate information "Meet them locally" + Public issue forums + Ongoing fora — not just once in a while • College issue forum + Candidates and referendum forum • Community calendar + Youth activities + Transparency of government (public relations and transparency) Advocacy and county information for nonprofits + Video on demand • Reading for the blind (newspapers) + High definition television * High speed internet access • Labor and human issues + Issues around immigration and visa's, etc. * Interviews with elected officials • Emergency training using I-Net * Election results + Live broadcast of public meetings • Telecommuting * Distance learning • Emergency preparedness * Crime prevention programs • Neighborhood watch coverage + Meeting/agenda information • Public health information alerts * Arts — highlight of arts on a local level — community and county activities • Public information which is like Amber Alert/lost child * 4n demand services + Community warning system emergency override + Video conferencing for local government services + Educational uses — communication groups, digital videos, connections/interconnections, all about Broadband + Public service announcements — local, senior + Public service announcements about organizations • Education — lesson plans for classes, shared resources, teacher training, class coverage • Speaker coverage cablecast throughout schools, community + Interactive learning testing • Teleconferencing + Local news • School/parent communications + Kids produce news — share with entire County via Educational access + Evaluation of uses of system + Tracking of further contact information, local IV. • Create local media about consortium of Cities and County to highlight local image • Streaming over Community media center website • Debate forum for elections • Distance learning • Telecourse • English as a second language • Adult basic education • Educational resources available • Parent teacher communications • Arts • Health services • Information on available information re: health isses = immediacy • Emergency services • Nonprofit PEG, new organization • Media literacy • Nonprofits/community channels specific for outreach of those constituents • PSAs — production/distribution about nonprofits • Local regular series • Seniors programs and other community shows • Series programming • County events and programs (parades, festivals, City/County activities) • Veterans issues • Gallery Concord: artist interviews • Awareness about what's on .................................................................................. 4. What do you need to make it easier to use PEG Access/cable system 1. + Connectivity between school/district office and home viewer + I-Net • Every school connected to central place, to homes and point-to-point + Specific #-Net spectrum just for education • More equipment for community use • State-of-the-art equipment for community use • Community Media Center to be resource for training • Receptive management model • Staff to assist users of Community Media Center • Coordinated, collaborative, centralized Community Media Center which is staffed by people who are committed to helping community users + More server storage/broadband spectrum • Security issues regards to content to be put in place • Fixed funding stream for support on annual basis + Bandwidth 8-12% earned for PEG + Bandwidth -- no limitation to delivery • Bandwidth to be managed by Community Media Center + Adequate signal distribution countywide and local community within consortium • Signal to headend upstream on I-Net • Adequate upstream capacity on I-Net • Better information on marketing people + PEG access channel not changed without notification with financial support • Same PEG channel numbers on all service providers countywide • Contiguous Cities provide PEG signals, if possible + Penalty provisions to enforce contract specifics #f. + Interconnectivity to contiguous community • Regional information on PEG elsewhere + Time sensitive availability-- hours that meet needs, 24 hours * Resources to make all this happen • Locally managed PEG access + Facility available to the public + Staff that is sensitive to local producers • Training of residents + Not happy with Comcast management of resources • I-Net • Staff whose sole purpose is to assist + Channel totally dedicated to PEG • Equipment that is state-of-the-art • Adequate time to actually produce programming • Equipment and facilities that encourage creative productions • Free access to equipment • Remote equipment • Broadband spectrum + Server capacity • Common MPEG format • Enough channels to serve individual Cities and regional needs • Adequate staff to provide services • Production staff = government and nonprofits and educational shows • Local newslinternship programs/college students • 'Accountability for program performance in quality not content • Need access to County bulletin board • Live remote capability for PEG • Ongoing advisory committee for process of renewal and establishing Community Media Center • Training for production • Improved customer service rep service — local answering • More direct telephone service — segregate customer service from complaint/technical problems • Channel capacity allocation adequate to meet size of community needs and user needs • More PEG channels • Community Media Center centralized location • Need central programming capacity • Need satellite production resources • Expanding number of channels • Clear trigger formula for more channels • Digital spectrum set aside for PEG analog • Full 5% of gross revenue max money • Equipment fund for all of contract (replacement) • Adequate channel capacity • Rules and procedures that provide clear rules and preference to local productions • Consistent guidelines for PEG access usage • Central clearing house for resources, information on availability • Adequate channel capacity for series slots • Regional and subsets for programming control in distribution • Accountability • Issuing authority to designate a meaningful, useful model in public Internet • Scheduling guidelines that are equitable and fair • Schedule for PEG in TV Guide, etc. • Local cross channel promotion of PEG • Cooperation among all three PEG channels' management entities • Regular public review of cable operator • Centralized and satellite facility III. • Interoperability of IT between various LFAs • Criteria — clear guidelines for use of community bulletin board and use of cable system • On demand capability of system • Emergency override of full cable channels • Video conferencing capability and equipment • Broadband access for community, local level • Training (PSAs) • Community media center to facilitate local productions • Studio for local users • Staff • Entity to coordinate • Connection to broadband • Broadband access • Lower costs of services • Evaluation of local resources regularly • Tracking and evaluation of local users to avoid overload issues, feeds back to users • Clear distinction of County channel — same number for PEG Access channels throughout cable system • Similar capability to all Cities across franchise areas (of this consortium) • Access to those resources — ease of availability of them countywide, yet locally available • Equipment • Local facility for public use • Affordable production services • Local offices for customer service with full hours to meet working people's schedules (evenings and weekends) • Local phone numbers at local cable offices • Keep customer service and tech jobs at cable company local — not off shore, not out of state • Wireless network IV. • More PEG access channels to meet educational needs • Compression analog to digital • Channels AND percentage of bandwidth • PEG video on demand • Broadband for PEG access + Quality signals with penalty provisions • Multi-form availability of PEG/Community media center facility + Transfer of format equipment • High definition TV capacity for PEG channels • Resources for equipment sufficient to insure that equipment stays in step with emerging technology and capable of holding old technology Line extensions to get cable to those outside grid + Infrastructure plan to meet larger needs • PEG channels + Closed caption services • Bulletin board message by email + Media friendly multi-media community bulletin board • SAP multiple languages + State-of-the-art playback equipment + Staff monitor playback + Access community media centers staffed and run professionally • Operating funds + Equipment upgrades over life of franchise + Equitable `rules and procedures' + Ability to receive programming and distribute, transmit throughout system + Program schedule for PEG - print and cable guide • Digitally friendly guide + Newspaper + Six inserts in cable bill • Interactive between cable system and web stream/web + Flexibility of routing system for PEG channels + Rules and procedures to keep cablecast time slots available + Policies/formula for activation of additional channels + Senior/low cost sensitivity and flexibility in costs + Universal service tier + Low cost/lifeline tier— marketing materials for people to know about it + Access channels should be low cost/free based on sliding scale + Multiple tiers — varying cost • Low end cost for schools and government, on lowest level + Equally funded and resourced for PEG + Remote field production equipment • Remote locations throughout County • Fiber/satellite links back to community media center {microwave} Quality/signal of PEG channels must not be different from other channels on system • Adequate capacity of system to provide local channels + Helpful staff • User friendly equipment ............................................................................................................................................................................................................................................................................................................................ + Regional + Interconnected PEG channels—whatever MSO + Configuring community connected countywide + Same channel number on systems 5. Additional thoughts, comments, wishes, concerns about Comcast: past or future 1. • Better communications with Comcast • Comcast employees rude • Bandwidth competition • As corporate culture — better customer service training, local employment and better relationship with client • "The value of an idea is only as good as its weight" + Review of operator on a regular basis + Compliance performance and services input from residents and City • Contract re-openers • Who's who/who's local contact for citizens with Comcast • Channel line-up for PEG to match with service on all providers + Inconsistent quality of services • Past performance of customer service representatives giving wrong information • Lack of adequate channels currently available through Comcast ll. + Lack of access time at Comcast facilities + Give Comcast opportunity to be good corporate citizens • B contour presence • Strong need for local image and self-aware culture — community is grown up + Issues being addressed through growing sense of community within Contra Costa cities • Wondering if Comcast is doing local origination to undermine PEG access for public • Lack of true accountability for local programs meeting local needs + Poor track record on program scheduling errors • Wider selection of cable packages + Rate increases driven by sports programming whether viewers want them or not + A la carte tiers • More tiers with choice of channels + "Interoperability" llL • LFAs should work together to help benefit community • How to keep equipment up-to-date: State of the art clause + How to keep equipment up-to-date: Opener clauses • Ethical treatment of employees at cable company-- standards for human reviews of employer conduct .................................. + Reliability of system, particularly as it concerns service + Quality of customer service reps— how customers are treated with courtesy, timely information, accuracy of information + Have/encourage competition + Availability of high definition television 1-800-Comcast is the only number on bill — require customer information and number for complaints, outages + Customer call center in Concord — require interface with it, not national 800 number + Local numbers for product/service, tech problems/complaints, issuing - authority IV. + City leaders: message — do not capitulate, hold out for maximum return to Cities allowable under law + Get as much for PEG access as possible into contract + Courage to stand for community media center (hold out) • Staff/tech problem — playback promises unreliable, automated programming does not Deep commitment + Over 16 years — no women? + Employment policies with Comcast— no women + Forever on hold with nightmare customer service + Returns in customer service are heavily weighted to sales not service of customers + System review on regular/annual basis + Compliance review + Franchise fee audit review + Maintenance of field amplific equipment and service plant + No monitoring of cable plant • Assessment reactive rather than preventative + Video on demand CONFIDENTIAL APPENDIX 8 COMMUNITY PLAN'S 5 Compute Connect Communicate Collaborate Create Technology, Information and Communications Plan Mt. 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Diablo Unified School District Information ................................. 3 Board of Education Goals .......................................................... 4 Acknowledgments .................................................................. 5 Forward .............................................................................. 6 Introduction ......................................................................... 7 Historical Basis ...................................................................... 8 Technology Mission and 'Vision ................................................... 12 Equityof Access .................................................................... 13 Evaluation ............................................................................ 14 ThePlan .................................................... 15 Curriculum and Instruction ........................................................ 26 Professional Development ......................................................... 29 District Level Support .............................................................. 31 Local School Plans .......................... 32 School District Configuration Diagram ........................................... 33 Local School Configuration Diagram ............................................. 34 School Configuration Costs........................................................ 35 Support Materials.............................................................. 37 Technology Content Standards ............................................... 38 Computer Hardware Standards .............................................. 55 Network Standards ........................................................... 56 Standardized Products ........................................................ 58 Software Standards ........................................................... 59 Board Policies Related To Technology ..................................... 62 Acceptable Use Agreement ................................................... 69 World Wide Web Guidelines ................................................ 72 2 hot. Diablo Unified School District Information and Communications Plan MT. DIABLO UNIFIED SCHOOL DISTRICT 1936 Carlotta Drive Concord, California 94519 (510) 682-8000 Board of Education Gary Eberhart President Eric Lane Vice President Richard Allen Board Member Linda Mayo Board Member E.William Leal Board Member Superintendents Paul E. Allen Superintendent Dr.Richard Nicoll Assistant Superintendent,Administrative Services Myra Redick Assistant Superintendent, Secondary Education Janet Gatti Assistant Superintendent,Elementary Education Dr. Richard K. Rogers Assistant Superintendent,Personnel 3 Mt. Diablo Unified School District Information and Communications Pian MT. DIABLO UNIFIED SCHOOL DISTRICT BOARD GOALS + Prepare all students for the diverse vocations, careers, and challenges of the 21 st century • Provide technology which supports the learning and productivity of staff and students + Seek funding sources and promote effective fiscal management to assist staff in meeting students' needs • Poster unity of purpose through communication, partnerships, and meaningful involvement of all members of the district and school communities in determining goals, services, and programs + Provide a safe and supportive environment for students, staff, and parents • Value all members of the Mt. Diablo Unified School District community and recognize their contributions + Set high standards and implement best practices for the success of all students 4 Mt. Diablo Unified School District Information and Communications Plan ACKNOWLEDGMENTS The Technology, Information and Communications Plan is the outcome of the ongoing evaluation process outlined in previous Technology Use Plans.This document exists as a result of the concentrated efforts of the district's Technology Use Plan Revision Committee. This committee of teachers, administrators,support staff, and community members is to be commended and thanked for their extraordinary efforts that have led to the creation of this document. EDUCATIONAL TECHNOLOGY PLAN REVISION COMMITTEE Dennis Ashlock Teacher, Northgate High School Peggy Beltramo.............................. Teacher, Highlands Elementary School Craig Elliott................................... Educational Technology Specialist Dr. Judith Kastely............................ Director, Curriculum and Instruction Eric Lane...................................... School Board Member Rose Lock..................................... Principal,Valahalla Elementary School Gloria Pearce.................................. Parent/Computer Consultant Perry Folk..................................... Director,Data Processing Janet Read..................................... Purchasing Department Jim Rybolt..................................... Curriculum Specialist Dr. AudreyWaman........... ..... g ....... Principal,Oak Grove Middle School .. Bonnie Warner................................ Principal, Concord High School Torn Wright................................... Teacher,Diablo View Middle School $ Mt. Diablo Unified School Dis* ct Information and Communications Plan FOREWORD Our students are growing up in a world filled with technological innovations. They are accustomed to a selection of 81 channels on their 27 inch color televisions, which they access with their electronic, wireless remote control modules. They know that some televisions will allow them to view two channels at once, and if this is not possible, they can record a second channel on their video cassette recorders. They enjoy the crisp resolution of digital compact disc players.They have computers in their homes with user-friendly software that they learn to use faster than their parents. They understand the Internet and use it as a learning tool. They attack complex video games with an astonishing fervor.They achieve solutions to difficult problems requiring both superior eye/hand coordination and reasoning skills. Our students embrace technology.They realize that education can be more than just drill and practice. Yet what does a student experience in today's classroom?The technology, in many of our rooms, is most likely very similar to that in the classroom of their parents: chalk boards, overhead projectors, and textbooks.To be sure, these teaching devices have their places in the modern world,but our students expect and deserve more, and we need to provide more. I believe that this Technology, Information and Communications Plan will allow the district to embrace information and communication technology as a fundamental component of teaching and learning for every student and will help to prepare them for the requirements of a technologically advanced 21st century. Paul E. Allen Superintendent Mt. Diablo Unified School District 6 Mt. Diablo Unified School District Information and Communications flan INTRODUCTION This document is the result of extensive planning by a district technology committee as well as a thorough review of the literature and an analysis of the trends in the fields of education and technology.The recommendations of the state reform documents and the Goals 2000 legislation have been used as a basis for its preparation. Building the Future, K-12 Network Technology Planning Guide, prepared by the California Department of Education in 1994, has been referred to extensively as a reference. Additionally, the Technology Strategic Use Plan, adopted by the Mt. Diablo Unified School District Board of Education in 1992, has been used as a guide for the preparation of this document. This document defines the needs,standards and guidelines for the infusion of information and communication technology into the Mt.Diablo Unified School District.It is intended for use as a basis for long range planning and should be responsive to the future needs of our students and staff members. 7 Mt. Diablo Unified School District Information and Communications Plan HISTORICAL BAMS Mt. Diablo Unified School District has a strong commitment to educate its students and to meet their instructional needs. Additionally, the district recognizes that technology impacts the lives of every student, and that it has a responsibility to prepare the students for the Communications Age. To this end, in 1992, the district superintendent directed that a study be conducted to develop an Educational Technology Strategic Plan to expand and enhance the use of technology in the district's instructional programs. 1992 PROBLEM SUMMARY As an outcome of the development of the Educational Technology Strategic Plan, several areas were identified as areas that were deficient and in need of improvement.These areas were: A Staff training was inadequate to provide for awareness of the potential uses of technology as well as the development of skills in its effective and efficient use. 0 The technology needs of students and staff were not being met.Equipment, software and facilities were inadequate. d The district had not demonstrated a commitment for sufficient funding of educational technology. There was a lack of integration of technology into the K-12 curriculum. 0 Students and staff did not have equal access to technology. During its lifetime, the 1992 Educational Technology Strategic Plan was never fully funded nor implemented. As a result, little substantial progress was made toward meeting these areas of need. Additionally, the 1992 plan focused on the technology rather than focusing on how technology was going to be infused into the teaching/learning process. As a result, many of the areas that were deficient and in need of improvement in 1992 still exist.These areas of need are addressed in this plan. The most significant change since the writing of the Educational Technology Strategic Plan has been the paradigm shift resulting from advances in telecommunications.The World Wide Web Mt. Diablo Unified School District Information and Communications Plan and the Internet have emerged as major components of the Communications Age. Their potential influence on education is enormous and must be recognized by the education community. As we move toward a dynamic, global society, we are continuously bombarded with diverse ideas, new information. and innovative technology that increase the demands for students to become skilled in accessing, processing, and using information. Because this information has no curricular boundaries, technology should be integrated into all subject areas. This Technology, Information and Communications Plan reflects the movement from a plan that focused on equipment to a plan that focuses on instruction.This plan focuses on using technology as a natural extension of all instruction, which will enhance student learning and encourage the development of critical thinking, problem solving skills,and independent learning. RATIONALE NALE In his 1996 State of The Union Address,President Bill Clinton called for connecting every classroom in America to the information superhighway, "with computers, good software and well- trained teachers." Shortly thereafter, the White Douse announced the following technology goals for our nation's schools: • All teachers in the nation will have the training and support they need to help students learn using computers and the information superhighway • All teachers and students will have modern multimedia computers in their classrooms • Every classroom will be connected to the information superhighway • Effective software and on-line learning resources will be an integral part of every school's curriculum Additionally, the California Educational Technology Task Force, in its 1996 report, Connect, Compute, and Compete, The Report of the California Education Technology Task Force, made four recommendations for California schools: 9 Mt. Diablo Unified School District Information and Communications Plan 1. Equip every California classroom and school library with the telecommunications capability to support interactive, high-speed transmission of full-motion video, voice, and data needed to create a learning environment that will improve student achievement 2. Incorporate technology into student content and performance standards recommended by the state for adoption at the district level 3. Integrate technology into the content and performance standards that will be used as the basis for setting policies, hiring, evaluating, and promoting teachers 4. Provide the expertise and resources needed to support the effective use of technology by students,teachers, parents, and the broader community This Technology, Information and Communications Plan is aligned with these state and federal goals and recommendations and they form the foundation of this plan. PHILOSOPHY The Intemet is causing profound changes in society. The explosion of information and the ability to communicate instantly with any place on the globe has changed our lives tremendously. Dr. David Thornburg, futurist, stated, "The Information Age is dead and we are now living in the Communication Age." As we reach out and acquire information from the myriad of sources and individuals available on the Internet,we establish a personal communication not restricted by time or distance.State Technology leadership is extremely supportive of the potential exhibited by communications systems. The Executive Summary of the K-12 Network Technology Planning Guide, developed by the California Department of Education, states: "One of the most exciting new information technologies that educators and businesses agree can powerfully improve education in the state is modern, interactive,high-capacity communications systems. Such systems have the potential to bring up-to-date information directly to the learning environment in a variety of electronic formats and educational contexts. When this resource is fully developed, schools will no longer suffer shortages of curricula and reference materials, nor will traditional budget constraints dictate the quality or amount of material students and teachers can access. Teachers and school administrators will find themselves able to work in new ways with colleagues across the state and nation 10 Mt. Diablo Unified School District Information and Communications Plan on a daily basis, rather than on the rare occasions they actually meet for conferences. Even the classroom itself will expand as the physical constraint of place gives way to the interactive communications highway." In the past technology was considered an option; today it is no longer an option.The information explosion has rendered technology mandatory. Students must have access to computers and connectivity, and the skills to use them. Connectivity enables the students and teachers to collaborate on projects and to extend that collaboration to other learning communities. Since the world body of knowledge is doubling every few years, it is incumbent upon the education community to teach students the skills they will need to access and evaluate information. The primary goal for a citizen of today and tomorrow is that they be information literate--able to access,evaluate and use information. I I Mt. Diablo Unified School District Information and Communications flan TECHNOLOGY MISSION AND VISION THE MISSION The technology mission of the Mt. Diablo Unified School District is to assure that our students acquire the skills necessary to be successful, productive citizens in the 21 st century. Our mission is to provide an environment in which students can develop the ability to communicate, collaborate and use technological skills for success in the 21st century. These students should be well versed in a variety of fields and have the knowledge, experience and courage to tackle new problems in new ways. THE VISION Guided by this mission,the District's technology vision is to enhance and expand learning opportunities in all curricular areas through the use of technology.The District is committed to providing students and teachers with the resources needed to meet the district standards.The district-wide focus on student success will be supported by the effective use of technology in every learning environment. The district's technology vision is: • Technology will be integrated into the teaching and learning processes • Every student, from every classroom, will be able to connect to other classrooms, the library media center, other schools, district services, and the Internet • Every teacher, from his or her classroom, will have electronic access to other classrooms, the library media center, other schools, district services, and the Internet • District employees will be able to connect to district resources to conduct business,to communicate and to exchange information 12 Mt. Diablo Unified School District Information and Communications Plan EQUITY OF ACCESS All students will have equal access to technology regardless of age,gender, ability, ethnicity, or special needs. Schools will encourage students to participate in the district's technology program by providing appropriate assistance. The district will direct resources toward the goal of ensuring that equity is occurring. The definition of equity of access to technology resources should not be limited to being solely within the walls of the school. Equity of access should be expanded to include every student and their family having equity of access to the technology resources of the district. The district will examine ways to offer families opportunities to learn about, and use technology during non-school hours,including take-home programs for families that do not own computers. 13 Mt.Diablo Unified School District Information and Communications Plan EVALUATION This Technology, Information and Communications Plan represents the general guiding direction for the district. It is designed to be a living document. As technology grows and evolves, so should this document. The Technology, Information and Communications Plan will be reviewed yearly by a district committee. 14 Mt.Diablo Unified School District Information and Communications Plan THE PLAN The Mt. Diablo Unified School District's Technology, Information and Communications Plan. All classrooms and offices in the Mt. Diablo Unified School District will be connected via a high speed, electronic communications network. This network will be used for instructional activities, access to the Internet and for communication with colleagues and peers through an electronic mail system. Information and resources will be shared between the district office and schools, and among the schools themselves. The focus of this Technology, Information and Communications Plan is connectivity and its integration into the curriculum. Implementation of this plan will create a district in which every school,classroom, office, and district site is connected to a high-speed network. In assessing all of the components that will be necessary to implement this plan,the following components become priorities for the district. Each component is listed with a statement of need, implementation, outcome,and cost. These eight components have been prioritized to facilitate their implementation. 1. A District Wide Area Network 2. School Local Area Networks 3. Electronic Mail And Document Management 4. Professional Development 5. District-Wide Technical Support 6. School Library Media Centers 7. District Wide Student Information System 8. School Site Technical Support 15 Mt. Diablo Unified School District Information and Communications Plan COMPONENT 1 - DISTRICT WIDE AREA NETWORK NEED To install a district Wide Area Network to provide direct connectivity for school and district sites. As teachers and students become more adept at utilizing the resources of the Internet in the instructional program, there will be an increased need for cost effective,fast access to the Internet.Each school, and district site, will have direct access to the Internet by being connected to the district office, which will maintain a server and provide the direct connect service to the Internet. OUTCOME All schools and support sites in the district will have connection to the Internet, and to each other. IMPLEMENTATION • Develop a plan for the district Wide Area Network • Use telecommunications and E-Rate discounts to reduce the total cost to the district • Establish business and community partnerships for support COST The cost for wide-area-network equipment and installation fees for the high-speed communications lines will be approximately $600,000. In addition there will be on going operations costs for high-speed communications lines,Internet service providers, network monitoring and technical support. A major portion of the cost of the WAN will be recovered from the savings realized from reduced communications costs. 16 Mt. Diablo Unified School District Information and Communications Pian COMPONENT 2 - SCHOOL LOCAL AREA NETWORK NEED To develop a network infrastructure connecting classrooms, libraries, and workstations at each school that will facilitate technology integration into the curriculum and to provide access to Internet resources. OUTCOME Each school site will have networked classrooms, libraries, and workstations that can be used for the instructional program and Internet access for students and teachers. IMPLEMENTATION • All schools develop local Technology Use Plans • Develop Local Area Network plans far each school • Use telecommunications and E-Rate discounts to reduce the total cost to the district • Establish business and community partnerships for support COST The costs of wiring and networking a typical school site, in 1998 dollars, are estimated to be as follows: Elementary Schools b buildings, 25 classrooms @ 4 computers per room $18,750 per site Middle Schools 10 buildings,40 classrooms @ 4 computers per room $30,000 per site High Schools 10 buildings, 50 classrooms @ 4 computers per room .$45,000 per site 17 Mt.Diablo Unified School District Information and communications Plan COMPONENT 3 - ELECTRONIC MAIL AND DOCUMENT MANAGEMENT NEED To provide electronic mail and a document management system to share information locally, through the district's intranet, and globally. In the instructional setting, electronic mail is a powerful teaching and learning tool for students and teachers to use. Through the use of these technologies, the district can become less dependent on paper. OUTCOME Electronic mail and document management systems will be available to all schools and sites in the district. All staff, students, and employees will have accounts. Communications between the campuses and the district office will take place through the systems. IMPLEMENTATION • Determine district electronic document transmission needs • Select electronic document transmission software • Select electronic mail software • Conduct training of staff in program usage COST The district will maintain an electronic mail and document management system. The cost of purchase and installation of the system will be approximately $50,000. Its operation and support will require a full-time network technician. Staffing will be by formula, and based on workload standards. 18 Mt.Diablo Unified School District Information and Communications Pian COMPONENT 4 - PROFESSIONAL DEVELOPMENT NEED To provide professional development opportunities in technology and telecommunications to ensure that all employees will be adequately skilled in the use of new technology and new applications of existing technology. Professional development opportunities need to be expanded to meet the unique needs of all district employees, based upon their job responsibilities. OUTCOME All employees will participate in professional development opportunities in order to develop the skills required to utilize technology in the performance of their job. IMPLEMENTATION • All professional development opportunities will include training linking technology to that curricular or training area. • Technology will be infused into the on-going program of professional development offered by the Curriculum Specialists,the Classified Personnel Department, and Adult Education. • Professional development will be expanded to include Internet training and other training as indicated by staff surveys and requests. • Expand and develop additional ways to provide and deliver professional development programs. COST Staff Development presenters from outside the district are paid $500.00-$1000.00 per day,depending on their level of expertise. Substitutes for teachers receive$85.00 per day. The estimated cost for Professional Development needed to support this plan is $1,0100 per district employee. The total cost is estimated to be$3,000,000 over the life of the plan. 19 Mt.Diablo Unified School District Information and Communications Pian COMPONENT 5 - DISTRICT-WIDE TECHNICAL SUPPORT NEED Provide additional systems-trained technicians to support existing and future networks and hardware installations. The current needs for network support are not being met. As the number of school networks and the complexity of our district network increases,there will be ever increasing need for more technicians to support them. Consistent support of a network is necessary so that a number of people are familiar with unique problems and the history of the hardware. As we move into a wide area network and provide connectivity between all district site, consistent technical support becomes imperative. OUTCOME Additional systems trained technicians will provide the network support needed for the entire district. Fully qualified technicians, available on call, will be able to support the network systems at all locations.Technicians will provide their assistance and expertise to schools for planning and maintaining networks. IMPLEMENTATION • Determine the number of technicians needed • Determine the qualifications and create a job description • fire the technicians • Provide specific training for the district network operating system • Develop business and community partnerships for support • Use Vocational Education Programs as a source of student network interns COST Based on a workload standard of one technician per every two schools, the district will need twenty qualified technicians to fully implement this plan.The salary for each adequately trained technician will be between$35,000 and $50,000 dollars per year, recognizing that the market rates for these positions are nearly double this amount. On- 20 Mt. Diablo Unified School District Information and Communications flan going training for these technicians will add an additional cast of$10,000 per person. 'Total cost is estimated to be$3,000,000 over the life of the plan. On-going costs are estimated to be 51,000,000 yearly. 21 Mt. Diablo Unified School District information and Communications Plar. COMPONENT 6 - SCHOOL LIBRARY MEDIA CENTERS NEED To upgrade each school library to become a library media center Students need access to a fully automated library system, including automated circulation, and on-line catalogs with connections to other district libraries and the county library system. The library should be equipped with multimedia presentation equipment, multimedia workstations and related peripheral devices. Currently, most of the district libraries have limited resources available for the purpose conducting research,accessing the resources of the Internet, and creating multimedia projects. OUTCOME All library media centers will have fully automated circulation and catalog systems.Each library media center will be equipped with the necessary resources to allow for on-line research and the production of multimedia projects. The number of multimedia workstations in the library media center will be based on the following formula: four per elementary school; ten per middle school; and fifteen per high school. IMPLEMENTATION • Evaluate the equipment needs of each library • Purchase equipment needed to bring the libraries up to baseline standard • Provide staff training in equipment use COST The total cost of upgrading libraries to multimedia centers is estimated to be$1,450,000. • Elementary schools with four multimedia workstations, $25,000 per site • Middle schools with ten multimedia workstations, $37,500 per site • High schools with fifteen multimedia workstations, $50,000 per site 22 Mt.Diablo Unified School District Information and Communications Plan COMPONENT 7 - DISTRICT WIDE STUDENT INFORMATION SYSTEM NEED To provide a district-wide, student information system to share student records among schools and the district office, A Student Systems Committee met several times during the 1996/97 school year with the intent of evaluating the current student management system.'Meir recommendations for purchasing a district-wide system will be made in 1998. OUTCOME All schools and the district office will utilize the selected student information system for attendance, scheduling and maintenance of student records. Deports will be generated in a consistent format. Data will be shared among schools. IMPLEMENTATION « Determine the system to be purchased M Provide the necessary training for staff COST The cost and maintenance of the student information system will be the responsibility of the Data Processing Department.This system is a necessary cost since accurate student data is the basis for district revenues and student records administration.The cost of the system is estimated to be$50,000 for a one-tune purchase. 23 Mt. Diablo Unified School District Information and Communications Plan COMPONENT 8 - SCHOOL SITE TECHNICAL SUPPORT NEED To provide each school with technical and professional development support. For technology to be truly integrated into student learning, it is critical that onsite support for teachers and other staff be available to provide professional development as well as technical support. OUTCOME Every school site will have access to a technology resource specialist to provide technical and professional development support. IMPLEMENTATION • Establish formula for allocation • Establish job qualifications • Create job description • Hire personnel COST Each teacher costs $55,000 per year. The forty-six site technology resource specialists will cost approximately$7,590,000 over the life of the plan. On-going costs will be approximately $2,530,000 per year. 24 Mt. Diablo Unified School District Information and Communications Pian UR.R.ICLTLUM AND INSTRUCTION All students in the Mt. Diablo Unified School District will have equal access to the technologies which will allow them to gather needed data, make meaning of that data,and communicate information, using the tools of the Communications Age. At the district level,curriculum guides in every area will incorporate ways in which a wide variety of technologies can be used. All professional development activities will model and promote the ways technology shall be used to support the instructional program. The number of professional development offerings will be expanded to assure all teachers the opportunity to grow in their vision and expertise in using technology. The district's Curriculum and Instruction Department is writing Standards and Benchmarks for all curricular areas. These Standards and Benchmarks will provide guidance for the future integration of technology into the instructional process and guide curriculum development, and school planning for the future. THE EFFECTIVE INTEGRATION OF TECHNOLOGY ACROSS THE CURRICULUM WILL: Provide students with the potential for a more individualized approach to learning • Make curriculum content more immediate and relevant to students and strengthen their ability to function in an information society * Provide tools which will help move the focus of instruction beyond content and to actively engage students in the development of problem solving and critical thinking skills # Provide tools which will enhance the ability of both the student and the teacher to exercise their creative talents in ways that support the learning and teaching processes 25 Mt. Diablo Unified School District Information and Communications Pian + Provide tools which will enhance the ability of both the student and the teacher to gather needed information, to sort and analyze that information in meaningful ways, and to communicate their findings to a wide audience Make educational opportunities more accessible for students with special needs such as visual or hearing impairments, learning disabilities, limited English proficiency, and special talents Allow teachers to better address varied learning modalities THE INTEGRATION OF TECHNOLOGY WILL BRING CHANGES Networked computers in the classroom will bring the capabilities of the media laboratory and the contents of libraries, museums, and world-wide resources into each classroom. Entire libraries of text,pictures, and full--motion videos will be available in real-time over the Internet from global sources.For the teacher, these resources will enable the authoring and presentation of lessons using materials drawn from multiple electronic and audiovisual sources. It will allow the sharing of curriculum materials among members of the educational community as well as access to the resources of government and industry. Live multimedia connections to other classrooms around the nation and the world as well as to adults working in government and industry, will broaden and invigorate classroom learning. This will more closely model the workgroup process that students will find as they enter the workforce. TEACHING WILL CHANGE Teachers will become facilitators of learning rather than givers of knowledge.Teachers will be able to designate materials for students to access,often storing them on a local server for speed of - access and reliability. They will build resource links for students to use, and monitor their progress during individualized or small group sessions.Teachers will have greater flexibility in many aspects of instruction. The teacher will have control over student access to a vast amount of software and content. Technology will assist the teacher with a myriad of administrative tasks, including attendance, lesson plan preparation, testing, grading, and report writing, thus freeing the teacher for planning and working with individual students. In a student-centered classroom the changing role of the teacher will enable students to assume greater responsibility for their own education. 26 Mt. Diablo Unified School District Information and Communications Plan LEARNING WILL CHANGE For the student, using technology will present a greater variety of educational experiences. These experiences will range from directed interactive lessons to non-directed individual or cooperative exploration of diverse subjects. Students will progress at their own pace, with some receiving intensive remedial assistance and others beginning advanced studies regardless of grade level. Students will learn more, learn it faster, and learn at a pace and timing suited to their needs. Technology is changing assumptions about education. Under current practice, the school controls what the student learns, how and when they learn it. In the classroom of the 21 st century, students will take increasing responsibility for managing their own learning experiences, including managing their time, designing their own homework, assessing their own work,and continuously extending their collaborative work around the globe. CURRICULUM WILL CHANGE Current research on haw students learn, and the demands that will be placed on the citizenry and workforce of the future, suggest that there will be major changes in curriculum as well. Curriculum will need to expand to include familiarity with all types of technology and their uses. This knowledge is necessary in the evolving workplace. Regardless of the specific skills and knowledge which adults will need in the 21 st century,the citizenry must be flexible as the world continues to change.Provisions for content and procedures in the curriculum must be similarly flexible. COMMUNICATION WILL CHANGE - Technology will enhance communications within schools and districts,between schools and parents,and with other educational entities.The school setting will become more collaborative among administrators, teachers,parents, and students. The communication needs of students and families will be more productively met. 27 Mt.Diablo Unified School District Information and Communications Plan PROFESSIONAL DEVELOPMENT .Educators and researchers overwhelmingly agree that effective professional development lies at the heart of any successful implementation of a technology plan. Stakeholders must make a full commitment to professional development and support if they expect their investment in technology to yield results in terms of improved student learning. • Each site will develop and implement an ongoing three-year professional development plan in the area of technology. This professional development plan will be part of the site's technology plan. The school's technology plan must be integrated and referenced in the School Based Coordinated Plan. • It is recommended that schools use at least one of their Site-based Professional Development Days for technology professional development each year. • Twenty-five percent of the total technology budget will be spent on professional development and professional development materials. Funding for professional development must be built into the district and local school budgets. • Teachers must be involved in the planning and evaluation of professional development programs. Successful professional development plans start with an assessment of staff needs and interest. • The Curriculum and Instruction Department will develop and offer technology professional development sessions for district employees that emphasize and model the integration of technology into the curriculum. These sessions need to be offered on weekday afternoons, evenings, weekends, and during school vacation periods. • The Curriculum and Instruction Department will provide information about conferences and technology fairs where Best Practices for the use of technology can be demonstrated and observed. • District Curriculum and Program Specialists will be educated in the use and integration of technology in their curricular areas. 28 Mt. Diablo Unified School District Information and Communications Plan • All district curriculum committees will dissenunate information about.Best Practices, and provide teachers with the information needed to successfully integrate technology into their curricular areas. • During each Curriculum adoption cycle, the district curriculum committees will identify and disseminate information about how technology can be used to enhance the goals in that curricular area. • Technology Resource Specialists will be available to provide each school in the district with technical and professional development support. Continued professional development and training will be provided for the Technology Resource Specialists in technical,curriculum, and instructional areas by the district Technology Specialist. • The district will provide summer professional development opportunities for teachers and administrators on a fee recovery basis. • The district web site will provide a database of district professional development resources.This database will include names of teachers,and areas of technology expertise for software, and hardware. It also will include resources that can provide a basis for on-line professional development and/or consulting. • The on-going program of professional development offered by the Curriculum and Instruction Department will be expanded.The professional development program will be based on staff needs and requests. It should include Internet usage and training on other computer applications that are adopted as district standards. Providers of professional development classes will be recruited from both inside and outside the district. 29 Mt. Diablo Unified School District Information and Communications Plan DISTRICT LEVEL FUNDING SOURCES It is estimated that the initial investment and yearly maintenance costs for the implementation of this Technology, Information and Communications Pian will require an investment of $33,000,000 dollars during the plan's three-year lifetime. Given the current budgetary needs for education,this cost seems overwhelming. Solving the problem of raising funds of this magnitude and making the commitment to support this technology plan is a tremendous undertaking. The Board of Education needs to provide funds to support this plan. A substantial amount of the funding for this plan needs to come from new resources.To generate new resources, the district and the Board of Education needs to: • Seek community support of this Technology Information and Communication Plan through a bond election or special taxes • Continue to use the position of the Grant Writer as a source of funds to support the implementation of this plan • Continue to develop business and corporate partnerships A minor portion of the costs of this plan can be derived from reallocating funds from limited existing district resources. Examples of these resources are: • General Funds + State Supplemental Grant funds * Digital High School Grants + State Lottery funds • District categorical budgets : One-time funds Savings created through telecommunications discounts derived from state and federal sources 30 Mt.Diablo Unified School District Information and Communications Plan LOCAL SCHOOL PLANS Each school will have its own technology plan, which will detail the ways in which technology will be used to enhance student learning.The school technology plan should build on what exists at the school, should articulate the district plan, reflect the vision and needs of the school community. and assure equal access to the core curriculum for all students through the use of the most effective and current technology possible. The district and the County Office of Education will provide sample plans and assistance with the planning process. Additional sample plans will be available on the district and county web pages. Schools are encouraged to keep their needs before the community through the publishing of these plans, along with goals and wish lists. 31 Mt.Diablo Unified School Dismct Information and Communications Plan R:EXOMM NDED DISTRICT CONFIGURATION Mt. Diablo School District Configuration Special Education Adult Education Centers Elementary District Offices at Schools Dent Center :: Middle Maintenance and c:: Schools Operations klighPurchasing anal 3 (:::::Schools ''JV'arehouse Necessary Small Willow Creek Staff HighSchools Development Center District Network Server I 32 Mt.Diablo Unified School District Information and Communications Plan RECOMMENDED SCHOOL CONFIGURATION Recommended Library Media Center School On-line Catalog,Automated Circulation, Configuration On-line Resources,Laser Printers, Multimedia Presentation Equipment, Research Workstations Classrooms Mobile Presentation Unit Laser Printer Laser Disk Player,VCR,Vedio Camera,Digital Camera,Projection Large Screen Teacher Unit,Scanner,Laser Printer Display Workstation, Voice Mail, VCR and Monitor E-mailAdministrative4 Student Student RecoWorkstations Budgets,E-mail,Ph Computer Lab Network Server (Middle and High School Only) Networked Computers, Router LaserPrinters,Large Screen Display,Scanner,File Server Other District Schools and District Network Server Firewall and Proxy Server The World Via The Internet 33 Mt. Diablo Unified School District Information and Communications Plan RECOMMENDED SCHOOL CONFIGURATION CONS The estimated costs to purchase hardware and software to brim each of the district's schools up to the recommended school configuration are as follows: Classroom Configuration (Ali Levels): Student Workstations (4) $6,000 Teacher Workstation $1,500 Laser Printer $1,000 VCR/27 inch Monitor $750 TV Projection Hardware $500 Total $9,750 Computer Lab (Middle and High). Library Media Center (Elementary): Student Workstations (35) $52,500 Student Workstations (5) $7,5000 File Server $2,500 Catalog Workstations (2) $3,000 Laser Printer(3) $2,700 Circulation Workstation $1,500 Calor Scantier(2) $1,500 Automation Software $5,000 VCR 127 inch Monitor $800 Laser Disk Player $750 Pro'ection Hardware $5,000 Video Camera $750 Total $65,0(30 Digital Camera $500 Laser Printer $1,000 Projection Hardware $5,000 Total 1 $25,000 34 Mt,Diablo Unified School District Information and Communications Plan RECOMMENDED SCHOOL CONFIGURATION COSTS Library Media Center (Middle School): Library Media Center (High School): Student Workstations (10) $15,000 Student Workstations (15) $22,500 Catalog Workstations (4) $6,000 Catalog Workstations (6) $9,000 Circulation Workstation $1,500 Circulation Workstation $1,500 Automation Software $5,000 Automation Software $5,000 Laser Disk Player $750 Laser Disk Player $750 Video Camera $750 Video Camera $750 Digital Camera $500 Digital Camera $500 Color Scanner $1,000 Color Scanner(2) $2,000 Laser Printer(2) $2,000 Laser Printer(3) $3,000 Projection Hardware $5,000 Projection Hardware $5,000 Total $37,500 Total 1 $50,000 Costs By Level: Per Network Computer Total School (Rooms) Classroom Server Lab Library School Elementary(25)w $9,750 __ N$2,500 N/A � � $25,000_ $271,250 .... Middle(40) $9,750 $2,500 $65,000 $37,500 $495,000 �. HiEh (60) 1 $9,750 $2,500 $65,000 $50,000 $702,500 Total Costs By Level: School Number Per School Costs per Level Total District Elementary $271,250 $7866250 ... ..... . ..................,. Middle School 10 $495,000 $4,950,000 . .. ... .............. ..,, Hi h School 7 $702,500 $4,917,500 $17,733,750 35 Mt. Diablo Unified School District Information and Communications Dylan SUPPORT MATERIALS The following materials are not a part of the Technology, Information and Communications Plan. They are provided as reference and support materials for teachers, students, and parents of the Mt. Diablo Unified School District. 36 Mt, Diablo Unified School District Information and Communications Plan TECHNOLOGY CONTENT STANDARDS RATIONALE Technology is the vehicle to the future. The students we are preparing today will be required to use technologies that have not yet been created. In order for our students to be ready to accept that challenge, all students must become technologically literate. As we move toward a dynamic, global society, we are continuously bombarded with diverse ideas, new information, and innovative technology that increase the demands for students to become skilled in accessing, processing, and using information. Because this information has no curricular boundaries, technology should be integrated into all subject areas. The technology should become a natural extension of all instruction,which will enhance student learning and encourage the development of critical thinking,problem solving skills,and independent learning. VISION STATEMENT Our vision is to develop students who possess the communication, collaborative and technological skills to succeed in the 21st century.These students must be well versed in a variety of fields with the knowledge,experience and courage to tackle new problems in new ways. 37 Mt. Diablo Unified School District Information and Communications Plan TECHNOLOGY CONTENT STANDARDS - Grades K - 6 Kindergarten Technology Standards. Keyboarding - Students become familiar with the keyboard. • Use the function keys and the spacebar Personal Productivity - Students use technology to accomplish personal products. •Type letters, names and words and draw pictures •Understand that computers can print documents Basic Skills Support- Students use technology to enhance the understanding and development of basic skills. •Use software for application of skills • Acquire new concepts • Use strategies in problem solving •Practice creative thinking skills Curriculum Enrichment- Students use technology to advance and enrich learning. •Use programs which emphasize problem salving strategies •Use programs designed to promote creative thinking Visual, Graphic and Performing Arts - Students use technology to enhance all areas of the Fine Arts. Career Paths-Students are aware of career and occupational opportunities. •Understand that people have jobs in the computer industry Technology Literacy - Students know how to care for computers properly. - •Name basic computer components •Handle disks properly •Take proper care of technology equipment 38 Mt.Diablo Unified School District Information and Communications Pian Grade 1 Technology Standards: Keyboarding - Students become familiar with the keyboard. •Distinguish left and right hand side of the keyboard and use proper hand • Use the function keys • Use home row keys • Use correct body position Personal Productivity - Students use technology to accomplish personal products. •Draw pictures and type name and words •Create personal document; save and print with assistance Information Processing - Students access and retrieve electronic information. •Understand that computers can store information •Understand the save and print functions Basic Skills Support - Students use technology to enhance the understanding and development of basic skills. •Use software for application of skills •Acquire new concepts •Use strategies in problem solving •Practice creative thinking skills Curriculum Enrichment- Students use technology to advance and enrich learning. • Use programs which emphasize problem solving strategies •Use programs designed to promote critical thinking skills Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. Career Paths - Students know how to care for computers properly. •Name basic computer components • Handle disks properly •Boot up a disk •Take proper care of technology equipment • Know what a computer can and cannot do 39 Mt. Diablo Unified School District Information and Communications Plan Grade 2 Technology Standards: Keyboarding - Students become familiar with the keyboard. •Distinguish left and right hand side of the keyboard and use proper hand • Use the function keys • Use home row keys •Use correct body position Personal Productivity - Students use technology to accomplish personal products. •Type sentences and draw pictures •Create personal documents, save and print with assistance Information Processing - Students access and retrieve electronic information. •Create signs, banners, cards •Use computer graphic programs •Create at keyboard as well as key previously printed material Basic Skills Support - Students use technology to enhance the understanding and development of basic skills. •Use software for application of skills •Acquire new concepts •Use strategies in problem solving •Practice creative thinking skills Curriculum Enrichment- Students use technology to advance and enrich learning. •Use programs which emphasize problem solving strategies •Use programs designed to promote creative thinking •Publish original works Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. Career Paths- Students are aware of career and occupational opportunities. •Understand that people have jobs in the computer industry 40 Mt. Diablo Unified School District Information and Communications Plan Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. •Name basic computer components • Handle disks properly • Boot up a disk •Take proper care of technology equipment • Understand capabilities and uses of computers in society 41 Mt.Diablo Unified School District Information and Communications flan Grade 3 Technology Standards: Keyboarding - Students become familiar with the keyboard. •Use correct finger placement on home row •Use correct body position Personal Productivity - Students use technology to accomplish personal products. •Type sentences and draw pictures •Create personal documents,save and print •Create signs, banners and cards •Use computer graphic programs •Create at keyboard as well as key previously printed material Information Processing - Students access and retrieve electronic information. •Use remote control device for Laser disc player •Knew about data bases,their uses and terminology Basic Skills Support - Students use technology to enhance the understanding and development of basic skills. •Use software for application of skills •Acquire new concepts •Use strategies in problem solving •Practice creative thinking skills •Use basic proofreading and editing skills Curriculum Enrichment - Students use technology to advance and enrich learning. •Use simulation programs • Use programs which emphasize problem solving strategies •Use programs designed to promote creative thinking •Publish original works •Create graphics "Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. 42 Mt. Diablo Unified Schaal District Information and Communications Plan Career Paths - Students are aware of career and occupational opportunities. • Know some specific jobs in the computer industry Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. • Have an expanded computer vocabulary • Handle disks properly •Boot up a disk •Take proper care of technology equipment •Understand capabilities and uses of computers in society •Know about copyright law and its implications for computers • Know basic capabilities and limitations of computers 43 Mt.Diablo Unified School District information and Communications Plan Grade 4 Technology Standards: Keyboarding - Students can keyboard at 12-15 wpm with correct fingering positions on all keys, using touch skills. Personal Productivity - Students use technology for personal production. • Create a half-page document at the keyboard • Produce a word processed document •Produce a document with graphics •Proofread and edit documents for language mechanics and spelling • Operate and use Information output devices (i.e. printer,monitor, laser player) Information Processing - Students access and retrieve electronic information. •Use electronic encyclopedias •Manipulate a simple data base •Develop presentations using laser discs •Use a four function calculator Basic Skills Support -- Students use technology to enhance the understanding and development of basic skills. *Use software to strengthen understanding •Acquire new concepts •Use strategies for problem solving •Use creative thinking skills •Use word processing skills in all steps of the writing process: prewriting, organizing, drafting, revising,editing and publishing Curriculum Enrichment- Students use technology to advance and enrich learning. •Use simulation programs • Create multimedia presentations •Practice problem solving and creative thinking • Create graphics • Publish original works 44 Mt. Diablo Unified School District Information and Communications Plan Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. * Use graphics tools to create and manipulate graphics Career Paths - Students are aware of career and occupational opportunities. • Know some specific jobs in the computer industry Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. •Have an expanded computer vocabulary • Handle disks properly •Boot up a disk •Log on to a network •Take proper care of technology equipment •Understand capabilities and uses of computers in society •Know about copyright law and its implications for computers • Know basic capabilities and limitations of computers 45 Mt, Diablo Unified School District Information and Communications plass Grade 5 Technology Standards: Keyboarding - Students keyboard at 15-20 wpm with correct fingering position on all keys, using touch shills. Personal Productivity - Students use technology for personal production. • Produce a two page document with graphics when appropriate • Operate and use information output devices (printer, monitor and laser player) •Proofread and edit documents for language mechanics, spelling and grammar •Use an electronic spell checker •Create databases Information Processing - Students access and retrieve electronic information. •Use electronic encyclopedias •Manipulate data bases •Search and present visual data bases •Develop multimedia presentations •Use calculators beyond four function (decimal and percent) Basic Skills Support - Students use technology to enhance the understanding and development of basic skills. •Use software to strengthen understanding •Acquire new concepts •Use strategies for problem solving •Use creative thinking skills •Use word processing skills in all steps of the writing process. prewriting, organizing, drafting, revising, editing and publishing Curriculum Enrichment- Students use technology to advance and enrich learning. • Use simulation programs •Create multimedia presentations •Practice problem solving and creative thinking •Use electronic interactive communications •Create graphics •Publish original works 46 Mt. Diablo Unified school District Information and Communications flan Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. • Use graphics tools to create and manipulate graphics Career Paths- Students are aware of career and occupational opportunities. • Know some specific jobs in the computer industry Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. •Have an expanded computer vocabulary •Handle disks properly •Boot up a disk •Log on to a network •Take proper care of technology equipment •Understand capabilities and uses of computers in society •Know about copyright law and its implications for computers •Know basic capabilities and limitations of computers 47 Mt. Diablo Unified School District Information and Communications Plan Grade 6 Technology Standards: Keyboarding - Students can keyboard at 20-25 wpm with correct fingering positions on all keys, using touch skills. Personal Productivity - Students use technology for personal production. •Produce a document with graphics as appropriate •Operate and use information output devices (i.e. printer, monitor and laser player) • Proofread and edit document for language mechanics,grammar, and content. •Use an electronic spell checker Information Processing - Students access and retrieve electronic information. •Use electronic encyclopedias •Retrieve and present information from a data.base •Develop presentations using multimedia. - •Use calculators beyond four functions (decimal and percent) •Use hand held electronic dictionary/thesaurus •Use cable delivered services •Use modem delivered services Basic Shills Support - Students use technology to enhance the understanding and development of basic skills. •Use software to strengthen understanding •Acquire new concepts •Use strategies for problem solving •Use creative thinking skills •Use word processing skills in all steps of the writing process: prewriting,organizing, drafting, revising,editing and publishing Curriculum Enrichment - Students use technology to advance and enrich learning. • Use simulation programs •Practice problem solving and creative thinking •Create graphics •Publish original works •Use closed circuit communications •Use cable delivered services 48 Mt. Diablo Unified School District Information and Communications Plan Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts. • Use graphics tools to create and manipulate graphics •Create and edit video presentations Career Paths- Students are aware of career and occupational opportunities. • Know some specific jobs in the computer industry Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. • Have an expanded computer vocabulary •Handle disks properly •Boot up a disk. •Log on to a network •Take proper care of technology equipment •Understand capabilities and uses of computers in society • Know about copyright law and its implications for computers •Know basic capabilities and limitations of computers 49 Mt.Diablo Unified School District Information and Communications Plan Grades 7 & 8 Technology Standards: Keyboarding- Students can keyboard at 20-25 wpm with correct fingering positions on all keys, using touch skills. Personal Productivity - Students use appropriate technology to enhance lifelong learning • Produce a three page ward processed document with graphics as appropriate • Operate and use information output devices(i.e. printer,monitor and laser player) • Proofread and edit documents for language mechanics, grammar, and content • Use an electronic spell checker/thesaurus Information Processing - Students access and retrieve electronic information. •Use electronic encyclopedias to retrieve,download, select, and present pertinent information •Develop presentations using multimedia. •Use calculators beyond four functions (decimal,percent, fractions, roots and memory) •Use cable and modem delivered services to access information.from TV, satellite, and other electronic databases •Collect data,build data base, manipulate and interpret data •Collect data, build spreadsheet, manipulate and interpret data Basic Skills Support - Students use technology to increase their understanding of basic skills •Use software to strengthen understanding •Acquire new concepts •Use problem solving skills •Use creative thinking skills •Use word processing skills in all steps of the writing process: prewriting, organizing, drafting,revising,editing and publishing 50 Mt. Diablo Unified School District Information and Communications Plan Curriculum Enrichment - Students use technology to advance and enrich learning • Use simulation programs •Create multimedia presentations •Practice problem solving and creative thinking • Create graphics • Publish original works •Use closed circuit communications •Use cable and modem delivered services Visual, Graphic and Performing Arts - Students use technology to enhance the fine arts •Use graphics tools to create and manipulate graphics • Create and edit video presentations Career Paths - Students are aware of career and occupational opportunities. • Know some specific jobs in the computer industry Technology Literacy - Students know how to care for computers properly and understand the ethical issues pertaining to computers and their use. •Have an expanded computer vocabulary • Handle disks properly •Boot up a disk •Log on to a network •Take proper care of technology equipment •Understand capabilities and uses of computers in society • Know about copyright law and its implications for computers • Know basic capabilities and limitations of computers 51 Mt. Diablo Unified School District Information and Communications Plan Grade 9-12 Technology Standards: Keyboarding - Students can keyboard at 25 - 34 w.p.m. with correct fingering positions using touch skills Personal Productivity - Students use technology to enhance personal production and to develop life long learning skills • Produce a word processed document •Produce a document using desktop publishing • Proofread and edit documents for language mechanics, grammar, content, and style •Use an electronic spell checker and thesaurus •Format letters and reports • Operate and use information input/output devices(i.e. printer, monitor, laser player audio/video equipment, scanner) •Create and use data bases •Create and use spreadsheets •Use technology to develop and generate a personal resume Information Processing - Students access, retrieve, and evaluate electronic information. •Use electronic encyclopedias, magazine indexes,and automatic catalogs •.retrieve and present information from data bases •Use appropriate calculator for problem solving(four-function to graphing) •Use cable delivered services •Use modem delivered services •Develop presentations multimedia Basic Skills Support- Students use technology to enhance the understanding and development of basic skills •Use software to strengthen understanding •Acquire new concepts •Use strategies for problem solving •Use creative thinking skills 52 Mt. Diablo unified school District Information and Communications Flan • Use word processing skills in all steps of the writing process: prewriting, organizing, drafting, revising,editing and publishing • Process information •Work together for purposes of problem solving,critiquing and collaboration Curriculum Enrichment- Students use technology to advance and enrich learning •Use simulation programs •Create multimedia presentations • Practice problem solving and creative thinking •Use satellite communications •Create graphics •Publish original works •Use closed circuit communications •Use cable and modem delivered services •Create student body publications •Develop computer programs Visual, Graphic and Performing Arts Students use technology to enhance the fine arts •Use graphic tools to create and manipulate graphics •Understand and analyze fine and performing arts •Create and edit video presentations •Apply visual art and photographic techniques Career Paths - Students are aware of career and occupational opportunities •Use technology to explore career options •Cain technological skills to prepare for the future Technological Literacy - Students will gain skills in use of technology •Use appropriate technology •Care for computers and other equipment properly • Understand the ethical issues pertaining to computers, software,their use and application 53 Mt. Diablo Unified School District Information and Communications Flan COMPUTER HARDWARE STANDARDS The following information is presented as a guide for the purchase of technology hardware. These standards are living standards. As technology evolves during the life of this plan, so should these baseline standards. The Purchasing Department will maintain and publish information about the most current technology hardware. Macintosh Workstations or Network Servers Power PC 603e/ 180 Mhz, 32 Mb of RAM, 12 X CD RUM drive. Ethernet ready and including video out Wintel Workstations or Novell Network Workstations Pentium 200 Mhz MMX, 15" color monitor, 32 MB RAM, 2.5 Gb hard disk, 24 X CD RUM drive, 3COM 3c905 network card Wintel Multimedia Workstations Pentium 200 Mhz MMX, 15" color monitor, 32 MB RANI, 2.5 Gb hard disk., 24 X CD RUM drive, 16 bit sound card, 60 speakers, 3COM 3c905 network card Wintel Computer-Aided-Drafting Workstations Pentium 233 Mhz MMX, 17" color monitor, 64 Mb RAM and 2.5 GB hard disk (See APPENDIX: specifications) Network_File Servers Pentium 200 Mhz MMX, 15" color monitor, 64 MB RAM,4 Gb hard disk, 24 X CD RUM drive, 3COM 3c905 network card(See rigid specifications)Before ordering any Network File Servers, contact Data Processing for clarification of requirements,tailored specifications, software licensing requirements and costs. 54 Mt. Diablo Unified School District Information and Communications Plan NETWORK STANDARDS The following information is presented as a guide for the purchase of network hardware. These standards are living standards. As network technology evolves during the life of this plan, so should these baseline standards. The Purchasing Department and the Data Processing Department will maintain and publish information about the most current network hardware. NETWORK SOFTWARE • File servers,disk controllers, and hard disks must be Novell certified and capable of running MS DOS 5.22, OS/2 Warp and MS-Windows 3.1. • Any substitution of a specified component must be approved by the District Data Processing and Purchasing Departments before consideration of the bid or proposal. • Recommended computer manufacturers are Hewlett-Packard,Compaq,IBM,AST. Dell, and ALR. • The vendors must provide technical manuals and instructions for the motherboard and all components in the file server. • Recommend HP Ethertwist or Advance Stack Hubs for Ethernet shielded or unshielded twisted pair wiring. • Recommend HP Ethertwist PC LAN Adapter/16 TP+ (6 pack) (HP Part No. 27247B). • Recommend APS UPS Smart-UPS 900 for File Servers with Monitoring Card. 55 Mt.Diablo Unified Schoo; District Information and Communications Pura NETWORK SOFTWARE: + recommend Novell 3.12 or 4.1 software. The choice will be dependent on the need for Internet access and the use of Macintoshes on the Novell network. • Recommend Corel SCSI software to control SCSI interface. WIRING .Must use Level 5,4 pair Unshielded Twisted Pair Cable meeting the following: + Insulation Thickness: 0.0006" __ • Jacket Thickness: Plenum: 0.012" + Color Coding: DIW standard + Conductor Gauge: 24 AWG + Mutual Capacitance: Plenum: 14pF/Ft. • DC Resistance: 25.7 ohms/1000 Ft. + Impedance: 1 /-ohms at 100 MHz + Attenuation: 67 dB/1000 Ft. at 100 MHz 56 Mt. Diablo Unified School District Information and Communications Plan STANDARDIZED PRODUCTS The following products are standardized, and supported, by the district . All networking purchases, if they are to be supported by the district, need to meet these standards: 0 Cisco Routers, Switches and Hubs • Hewlett Packard Printers • Novell Network Operating Systems 57 Mt. Diablo Unified School District Information and Communications Pian SOFTWARE STANDARDS Administrative applications software will be standardized.There will be a standard set of administrative applications adopted and supported by the district for use on all administrative network computers. The guidelines for curriculum software will be driven by the state curriculum adoptions cycles and the emphasis an individual school places on their curriculum goals. These guidelines will provide information that grade level curriculum committees can use in making purchasing recommendations. Software products should integrate into the curriculum not stand apart from It. Administrative Software The Data Processing Department will provide a Help Desk support for the following Administrative programs: • Word Perfect 5.1, 6.0 (DOS), 6.1 (Windows) • Microsoft Office • Microsoft Excel • Microsoft Power Point • OSHUS 4.0, 4.1, 4.2, 4.3, 4.4 • Novell 3.1X, 4.1 The following operating systems are recommended and supported: • Windows 3.1, 3.11, Windows 95 • Macintosh OS versions 7.1 or higher The following utility software is recommended and supported: • Norton Utilities • MCA.ffee Virus Scan Utility • Norton Anti Virus Utility • FoolProof Desktop Security Utility 58 Mt. Diablo Unified School District Information and Communications Plan Professional development will be provided to support these products. The student management program, will be supported by Data Processing. Support for the other application programs will be provided through a Help Desk and on an as needed basis. Non-district software should never be installed on any network computer. The Data Processing Department should be contacted for the installation of software on network computers. 59 Mt. Diablo Unified School District Information and Communications Plan INSTRUCTIONAL SOFTWARE The District's Curriculum Specialists will develop a list of appropriate software for their curricular areas. The California Instructional Technology Clearinghouse, a software preview - wide,contains software recommendations from the State Department of Education, and is available on the Internet or in hard copy. Software is available for preview at the Contra Costa County Office of Education.The Willow Creek Educational Media Center has limited software,CD ROMs,and laser disks available on a check out basis. The district's Media Catalog contains a list of software selections that are available. The district has contracts and/or licensees for Novell, HyperStudio, CLARIS,Word Perfect,and Microsoft Word. Contact the district Educational Technology Specialist for information on the current contracts.. The following is a list of application software that is recommended for use within the schools to support the classroom curriculum: Elementary Middle High Word Processor Clarisworks Clarisworks Clarisworks Writing Center Microsoft Word Desktop Protection Utilities FoolProof FoolProof FoolProof Multimedia Hyper Studio Hyper Studio Hyper Studio 60 Mt. Diablo Unified School District Information and Communications Plan DISTRICT POLICIES RELATED TO TECHNOLOGY Student Use of Technology Policy 6163.2 The governing beard recognizes that technology provides ways to access the most current and extensive sources of information.. Technology also enables students to practice skills and to develop reasoning and problem-solving abilities. In addition, electronic resources foster workplace skills that may be transferable to new technologies. Effort shall be made to provide equal access to technology throughout the district's schools and classes. ON-LINE SERVICES To discourage access to inappropriate content of on-line electronic services and preclude other misuses of the system,the superintendent or designee shall ensure that students receive training in user obligations and responsibilities. (See Student Acceptable Use Agreement 6163.2(d).) Before using on-line services, the student and parent/guardian shall sign the district's Student Acceptable Use Agreement indicating that the student understands and agrees to abide by specified user obligations and responsibilities. Staff shall closely supervise students while using on-line services and may ask teacher assistants and student assistants to assist in this supervision. The superintendent or designee shall establish administrative regulations governing use of the district's on-line services (see Board Rules). He/she shall ensure that students have no expectation of privacy and understand that district staff may monitor or examine all system activities to ensure proper use of the system. Students who fail to abide by these regulations shall be subject to disciplinary action,revocation of the user account, and legal action as appropriate. tudent and Staff Ilse of Teles mmunication Network Resources Rule 6163. 2 Electronic information resources offer access to computers and people throughout the world. Students and staff may have access to electronic mail,college and university libraries, information and news from a variety of sources and research institutions, software of all types, discussion groups on a wide variety of topics, and other resources. 61 Mt Diablo Unified School Distoct Information and Communications Plan While electronic information resources offer tremendous opportunities of educational value, they also offer persons with illegal or unethical purposes avenues for reaching students, teachers, and others, including parents. Mt. Diablo Unified School District does not have control of the information on electronic information resources such as commercial services like America 4n-Line or the information on the Internet, although it attempts to provide prudent and available barriers. Other sites accessible via the Internet may contain material that is illegal,defamatory,inaccurate or potentially offensive to some people. Although access to all Internet resources is available, it is the intent of the Mt. Diablo Unified School District to make Internet access available only to further its educational goals and objectives. The District believes that the benefits to educators and students from access to the Internet and some commercial electronic services, in the form of information resources and opportunities for collaboration far exceed any disadvantages of access.But ultimately,the parent(s) and guardian(s) of minors are responsible for setting and conveying the standards that their student should follow. To that end, the District supports and respects each family's right to decide whether or not to apply f6r Mt.Diablo Unified School District electronic information resources access. Employees and students of the Mt.Diablo Unified School District have access to electronic information resources through standalone and/or network connections to outside electronic services.These resources allow them the opportunity to publish and retrieve information via electronic means, including through the Internet. These resources shall be used to: A. Reinforce the adopted curriculum. B. reinforce the educational goals of the Mt.Diablo Unified School District. C. Enhance available information in the library/media centers. ftoceftres for Publishing of Information All information shall be considered as being materials which support student/staff publications and/or general school communications with the public. 62 Mt.Diablo Unified School District Information and Communications Plan a. Information selected for electronic publishing (including posting on news forums, electronic bulletin boards, and World Wide Web Pages) shall be presented to the site administrator and/or designee prior to release. b. The material, when received, shall be reviewed and evaluated prior to its release. (MDUSD Board Policy 6165.) C. All material must not violate any state or federal laws,including: (1) Copyrights (2) Destruction of property (3) Invasion of privacy 2. Student Use The site administrator or his/her designee is the primary person responsible for implementing items a-e below with support from the Curriculum and Instruction and Data Processing Departments: a. Students in grades 5 and below will have access to information resources that are selected by the instructor.These students will not have access to an open Internet connection without adult supervision. b. Parents/guardians shall be notified in writing at least two weeks prior to the initial use of the Internet. (1) Announcement shall include the description of the identified resources and their application to the curriculum. (2) A Student Acceptable Use Agreement, form 6163(d) will be returned to the instructor prior to the student being allowed to use the instructional resources on the Internet or a commercial electronic on-line service. (3) No student shall participate unless he/she has returned the signed Student Acceptable Use Agreement form 6163(d). 63 Mt.Diablo Unified School District Information and Communications Plass (4) This agreement covers only one academic year and must be renewed. C. Staff shall provide a time and place, if requested, where parents/guardians can review the electronic resources. d. Staff shall supervise the student use of on-line services and it sty doing may ask teacher assistants and student assistants to assist in this supervision. e. Teachers and students will be given instruction on the proper use of the District network and the Internet as established by the Curriculum and instruction and Data Processing Departments. 3 . Connecting Electronic Resources To The District Telecommunications System a. Any employee wishing to connect an electronic device to the district telecommunications system shall present the request in writing to the site administrator. b. The site administrator and/or designee will review the request. If the request is approved it will be transmitted to the Director of Data Processing. 4. Acceptable Use It is a general policy that on-line communication (i.e.,using ACYL,Internet,etc.) is to be used in a responsible,efficient,ethical, and legal manner in accordance with the mission and goals of the Mt. Diablo Unified School District.The use of electronic information resources is a privilege,not a right. Inappropriate use of these resources will result in the loss of computer services,disciplinary action, and/or referral to legal authorities.The site administrator or designee may close an account for inappropriate use(see Student Acceptable Use Agreement). Administrators or faculty members have the right to request, for cause, that the site administrator deny, revoke,or suspend specific user accounts for inappropriate use. Site administrators will take action as needed. The use of electronic information resources must be in support of education, business and/or research and within the educational program and goals of the Mt. Diablo Unified 64 Mt.Diablo Unified School District Information and Communications Plan School District. Each user is personally responsible for this provision at all tunes when using electronic information services. 65 Mt.Diablo Unified School District Information and Communications Plan COPYRIGHT" POLICY The Mt. Diablo Unified School District recognizes and supports copyright lavas. These laws specifically prohibit unauthorized duplication of software for other than archival back-up purposes. The District has adopted a policy declaring it to be unacceptable to use pirated or otherwise illegally obtained material for instructional, administrative or other uses on district equipment. This policy can be found in the Support Materials section. Ust of Congaing Devices -Rule 6162(f) COMPUTER PROGRAMSISOFTWARE Computer programs are classified as literary works, therefore,the regulations for brevity and spontaneity detailed under books and periodicals apply. The Copyright Act of 1976 governs all copyright issues. Section 117 of the copyright law was amended by the Computer Copyright Act of 1980,P.L. 96-517, Section 7(b) and includes: 1. "Computer program" is defined as a "set of statements or instructions to be used directly in a computer in order to bring about a certain result." 2. The owner of a copy of a computer program is not infringing on the copyright by making or authorizing the making of another copy or adaptation of the program if the following criteria are met: a. That the new copy or adaptation is created in order to-be able to use the program in conjunction with the machine and it is used in no other manner. b. That the new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful. c. Any copies prepared or adapted may not be leased, sold, or otherwise transferred without the authorization of the copyright owner. An educational 66 Mt. Diablo Unified School District Information and Communications Plan institution cannot adapt a program to meet local needs and then make multiple copies for distribution throughout the institution. Paragraph 8.08 of Section 117 continues transferring a program into the computer's memory constitutes making a copy. Court interpretations indicate that a simple transfer into memory in order to use the program doesn't constitute an infringement. It does appear that the use of a nem,ork system would be considered an infringement if the following situations occurred without obtaining a license or special permission from the copyright holder: I. Transmitting materials to multiple sites or building locations. 2. Downloading programs where the users have the ability to save the program at their station,thereby providing the potential for illegally creating another copy. The fair use portion of the copyright law appears to permit the use of the networking system within a single school and within that school in a laboratory setting. When software is to be used on a dish sharing system,efforts will be made to secure this software from copying. The above statements are not relevant to those materials designated as public domain. Refer to District Policy 3525. 67 Mt.Diablo Unified School District Information and Communications Pian Mt. Diablo Unif=ied School District Student Acceptable Use Agreement We are pleased to announce that Mt.Diablo Unified School District electronic information services are now available to students and teachers in our district who qualify as a result of participation in an orientation or training course.The Mt. Diablo Unified School District strongly believes in the educational value of such electronic services and recognizes the potential of such to support our curriculum and student learning in our district.Our goal in providing this servicers to promote educational excellence by facilitating resource sharing,innovation,and communication.Mt.Diablo Unified School District will make every effort to protect students and teachers from any misuses or abuses as a result of their experiences with an information service.All users must be continuously on guard to avoid inappropriate and illegal interaction with the information service. Please read this document carefully.We must have your signature and that of your parent or guardian(if you are under 18) before we can provide you with an access account. Listed below are the provisions of this contract.If any user violates these provisions,access to the information service may be denied and they may be subject to legal and/or disciplinary action. Terms and Conditions 1. PERSONAL RESPONSIBILITY. As a representative of this school I will accept personal responsibility for reporting any misuse of the network to the site administrator.Misuse can come in many forms, but it is commonly viewed as any messages)sent or received that indicate or suggest pornography,unethical or illegal solicitation,racism,sexism,offensive language,and other issues described below. 2. ACCEPTABLE USE.The use of my assigned account must be in support of the educational program and goals of the Mt.Diablo Unified School District.I am personally responsible for this provision at all times when using the electronic information service. a. Use of other organizations'networks or computing resources must comply with rules appropriate to that network. b. Transmission of any material in violation of any federal,state or local law is prohibited.This includes, but is not limited to:copyrighted material,threatening or obscene material,or material protected by trade secret. c. Use of commercial activities by for-profit institutions is generally not acceptable. CL Use of product for political advertisement is prohibited. I am aware that the inappropriate use of electronic information resources can be a violation of local state and federal laws and that I can be prosecuted for violating those laws. 3. PRIVILEGES. Use of the information system is a privilege, not a right, and inappropriate use will result in a cancellation of those privileges.Each person who receives an account will participate in an orientation or training course with a Mt. Diablo Unified School District faculty member as to proper behavior and use of the network.The Mt.Diablo Unified School District site administrators(operating under the aegis of the school board and the district office)will decide what is appropriate use and their decision is final.The site administrator(s)may lose an account at any time deemed necessary.The administration,staff,or faculty of Mt. Diablo Unified School District may request that the site administrator deny,revoke,or suspend specific user accounts. 4. NETWORK ETIQUETTE ANIS PRIVACY. You are expected to abide by the generally accepted rules of network etiquette.These rules include(but are not limited to)the following: a. BE POLITE.Never send,or encourage others to send,abusive messages. 6$ Mt. Diablo Unified School District Information and Communications flan b. USE APPROPRIATE LANGUAGE. Remember that you are a representative of our school and district on a non-private system.You may be alone with your computer,but what you say and do can be viewed globally.Never swear,use vulgarities,or any other inappropriate language. C. PRIVACY.For your own privacy and the privacy of others,do not reveal your home address or personal phone number or the addresses and phone numbers of students,teachers,staff or colleagues. d ELECTRONIC MAIL. Electronic mail (e-mail)is not guaranteed to be private. Messages relating to or in support of illegal activities must be reported to the site administrator. Illegal activities of any kind are strictly forbidden. e. DISRUPTIONS. The network is not to be used in any way that would disrupt use of the network by others. f. OTHER CONSIDERATIONS: • Do be brief.Fewer people will bother to read a long message. • Do make sure your message is easy to understand,read,and spelling is correct • Do use accurate and descriptive titles for your articles.Tell people what is it about before they read it. • Do get the most appropriate audience for your message,not the widest. • Do remember that humor and satire are very often misinterpreted. + Do remember that if you post to multiple groups, specify all groups in a single message. • Do cite references for any facts you present. • Do forgive the spelling and grammar errors of others. • Do keep signatures brief. • Do post only to groups you know. 5. SERVICES.The Mt. Diablo Unified School District makes no warranties of any kind, whether expressed or implied,for the service it is providing.Mt.Diablo Unified School District will not be responsible for any damages suffered while on this system(s).These damages include loss of data as a result of delays,non- deliveries,mis-deliveries,or service interruptions caused by the system or your errors or omissions.Use of any information obtained via the information system(s)is at your own risk.Mt.Diablo Unified School District specifically disclaims any responsibility for the accuracy of information obtained through this service. 6. SECURITY. Security on any computer system is a high priority because there are so many users. The District has the right to restrict or terminate Network and Internet access at any time for any reason.The District further has the right to monitor Network activity in any form that it sees fit to ensure proper use of the Network.If you identify a security problem notify the site administrator at once.Never demonstrate the problem to other users.Never use another individual's account without written permission from that person.All use of the system must be under your own account.Any user identified as a security risk will be denied access to the information system. 7. VANDALISM.Vandalism is defined as any malicious attempt to harm or destroy equipment,materials or data of another user or any other agencies or networks that are connected to the district system.This includes,but is not limited to the uploading or creation of computer viruses.Any vandalism will result in the loss of computer privileges,disciplinary action,and/or referral to legal authorities. 8. UPDATING.The information services may occasionally require new registration and account information from you to continue the service. You must notify the information system of any changes in your account information. 69 Mt. Diablo Unified School District Information and Communications Pian mt. Diablo Unified School District Student Acceptable Use Agreement REQUIRED- SIGNA'T'URES STUDENT I have read pages 1 and 2 of this contract and acknowledge receipt of the complete three page contracL I understand and will abide by the provisions and conditions of this contract. I understand that any violations of the above provisions may result in disciplinary action,the revoking of my user account,and appropriate legal action. I also agree to report any misuse of the information system to the Mt. Diablo Unified School District site administrator in charge of the site in question.Misuse can come in many forms,but can be viewed as any messages sent or received that indicate or suggest pornography,unethical or illegal solicitation, racism,sexism, inappropriate language, gossip,and other issues described under section 4 above. Name Signature Date 1_/—_ PARENT OR GUARDIAN Students under the age of 18 must also have the signature of a parent or guardian who has read this contract. As the parent or guardian of this student,I have read this contract and understand that it is designed for educational purposes.I understand that it is impossible for Mt.Diablo Unified School District to restrict access to all controversial materials,and I will not hold the District responsible for materials acquired on the network.I also agree to report any misuse of the information system to a Mt.Diablo Unified School District site administrator,Misuse can come in many forms,but can be viewed as any messages sent or received that indicate or suggest pornography,unethical or illegal solicitation,racism,sexism,inappropriate language,gossip and other issues described under section 4 above.I accept full responsibility for supervision if and when my child's use is not in a school setting. I hereby give my permission to issue an account for my child and certify that the information contained on this form is correct. Name Signature Date /,/ SPONSORING MDUSD TEACHER I have completed training on the proper use of the District network and use of the Internet.I have read the Student Acceptable Use Agreement.Because the strident may use the network for individual work or in the context of another class,I cannot be held responsible for the student's use of the network.As the sponsoring teacher I agree to instruct the student on acceptable use of the network and proper network etiquette.I also agree to report any known misuse of the information system to the site administrator.Misuse can come in many forms,but can be viewed as any messages sent or received that indicate or suggest pornography,unethical,or illegal solicitation,racism,sexism,inappropriate language,gossip and other issues described under section 4 above. Name Signature Date_ / ADMINISTRATOR I certify that the above named student is in good standing. Name Signature Date—l—1 70 Mt.Diablo Unified School District Information and Communications Plan World Wide Web Guidelines The Mt. Diablo Unwed School District has developed the following set of guidelines to assist district schools in the development of Web Pages for the World 'Wide Web A Rationale f©r .Linking Classrooms to the Internet Brings real-world relevance Telecommunications expand the curriculum by bringing the real world into the classroom. Students and teachers can establish interactive connections with anyone or any source, making learning more relevant to their lives, interests,and concerns. Provides students with an effective model of lifelong learning When students research vast arrays of information, apply creditability, tests to access what they find, and learn telecommunication techniques, they develop skills of selecting, summarizing, and synthesizing information that they can rely on for the rest of their lives. Bolsters social, communication, and critical thinking skills Students can enhance their communication, social and collaborative skills as they interact and learn with other classrooms. They also use their critical thinking skills when they collaboratively solve problems and perform analyses via telecommunications. Meets standards for inquiry-based learning Telecommunications can powerfully enhance inquiry-based learning by enabling teachers and students to join ongoing projects or develop projects of their own. 71 Mt. Diablo Unified School District Information and Communications Plan Increases the authenticity of the learning environment Teachers increase the authenticity of the learning environment when they provide their student access to historical archives, eyewitness reports,and virtual museums. Finds role models for students By electronically bringing professionals, scholars, explorers, educators, writers, poets, and scientists into classrooms, teachers expose students to positive role models Design and Maintenance Elements for K-12 'Web Pages Simple is good-Clarity is better - District schools are not required to have a Web page. Schools that choose to do so must follow the - district guidelines. When designing a`t7tteb page, schools should take into consideration the purpose of the site. For a school, that purpose will include, but not be limited by: Communication with the students and family, such as: • An introductory letter from the principal • A calendar of school functions • A statement of Internet policies • A link to the district home page • Classroom Ietters to parents, updated periodically to communicate what is occurring in particular classes • A Listing of homework assignments for a given class 72 Mt. Diablo Unified School District Information and Communications Plan • Links to sites which relate to subjects currently being studied • Display of student work • A means of response and interaction with staff Communication with local community, such as: • A statement of school philosophy • The school location and community served • Pictures of the campus • A method of communicating with school staff Communication with the world, such as: • Collaboration with other schools, educational institutions,etc., including a statement of curricula served. • A place for schools to respond(preferably a link to E-mall) • A place to publish results of collaboration Basic Rules • Content of all school Web pages,classroom Web pages, and school sponsored organization Web pages must be approved by the principal.The actual development of the Web page may involve staff, students, volunteers,or a combination of groups. • At least two people should be designated to maintain the information on each Web page. The district will provide training for the designated people. • School sponsored organizations including school clubs,school and home clubs, school PTAs, and other school and parent groups may have Web pages. The school principal must approve content of these pages. It is the responsibility of the organization to update and maintain the information.The Web page of any school-sponsored organization must reside on the district server. • Individual classrooms may have Web pages if the teachers of the participating classrooms take the responsibility of updating and maintaining its information. 73 Mt. Diablo Unified School District Information and Communications Plan ............... Though students may actively assist in the maintenance the Web page, the classroom teacher is responsible and will evaluate the information to be included on the Web page before it is submitted for approval to the principal. • No students shall have personal Web pages housed on school or district servers. • The distribution of personal information (names, addresses,phone numbers, age, class schedules, etc.) about students may not be included in web pages. Posted student work may be identified by the student's first name only. • Names and work numbers of staff members are public information and may be published on school/district web pages. • Communication with parents is a district priory. Many tools are available for communicating with parents and peers, including telephones,E-mail, written messages, etc. District sponsored E-mail addresses may be part of the school/district web page at a staff members discretion. Pictures of individual administrators and.staff members may be used with permission of the individual(s). • Student pictures may be used on Web pages providing that written permission is obtained from the student's parent or guardian. An individual student's picture should not be identified by name.The use of student pictures should follow the district policy for photographing students. Partnerships When a school has a partnership it wants to recognize,the recognition may not be included on the Web page of the individual classrooms. Advertisements are not permitted and there will be no links of connectivity or opportunities to E-mail the partner from the school or district site. 74 Mt. Diablo Unified school District Information and Communications Plan Design Tips Graphics • Limit the number of graphics on a page as they slow download time • Place thumbnail sketches on your Web page • Interlace graphics to help the viewer see the graphics faster. • Consider creating your Web page as a simple menu page that links to data pages • Place a"Welcome to the<School Name>Home Page" at the top of your Web page so users have something to view while waiting for graphics to download • Place a link back to the home page on all data pages. • Place a comments/suggestions link on all pages.construct both a "mail to" and E-mail CGI for flexibility SuggestedWeb page Menu Topics • School Information and Curriculum • Calendar • PTA to Home Communications - SchooI Clubs-School Site Council • Staff • Internet Search Engines and Educational Resources • What's New Button to take the user browsing the site past the static information to the newest information • School E-mail and US mail address as well as contact names on major pages Naming Conventions • Consider naming Web pages "default.html"to allow user to simply type a V" at the end of the URI,string to access the school Web page • Do not place spaces in filenames as some Web server software will not recognize thein 75 Mt. Diablo Unified School District Information and Communications Plan Organization Keep all school Web pages on the district serves Organize school Web pages in folders Keep image files in one graphics folder and share that folder throughout the district;folder roust contain a READ ME file explaining how to view these graphics together with all the necessary graphic applications to do so. Inside school Web page folders, use different folders for: • General information • Teacher html files Include appropriate copyright notices on every page + Intellectual and autistic production is still covered by copyright as long as a notice is pasted, when copying is permitted,explicit permission mast be clearly stated on the Web page + Establish parameters for format,type fonts,and graphics + Establish a browser standard; deviations from the standard may produce viewing differences When linking to other WWW locations: • Strip away time-wasting top levels • Provide addresses that take the user directly to information • Include a brief annotation explaining what can be found at the site • Checkout the links that your referenced site links to information 76 Mt. Diablo Unified School District Information and Communications Plan Contra Costa County .Information Technology Strategy Submitted to the Board of Supervisors by the Information Technology Steering Committee August b, 1996 Purpose and Goals The purpose of Contra Costa County government is to provide quality services to our customers: the County's residents, businesses, and other local governments. Information Technology offers,perhaps, the single greatest opportunity for maintaining and improving public service in the face of increasing demands and increasing costs. We can apply technology to make incremental improvements in services or operations, such as tying departmental computers together into a Countywide network, or using voice activated response systems to answer immediate questions for citizens. Technology can also have broader impacts, changing the ways we do our jobs, or changing the types of services we provide and the ways we deliver services. Obtaining full value from technology investments requires the management of organizational change coupled with the management of specific technologies. This document describes a strategy for using Information Technology(IT) in the County. The strategy includes principles and criteria for decisions on technology investments, policy statements and guidelines on key management issues, and a description of and plan for IT architecture and infrastructure. It should be helpful to employees, managers, vendors and the Board of Supervisors. This document will evolve with experience, changes in County business objectives, and availability of new technology. Goals The County cannot operate without computer-based information systems. Basic County services such as justice, public protection, health, social services, public works and general administrative services depend on these systems. Information systems are also a fundamental part of the County's administrative infrastructure. They must be planned, managed, and deployed with the same care and attention as are roads, buildings, and staff. The County will apply Information Technology to achieve the following goals of;1 02'09J2000 i 3:38 ABY 1. Improve the delivery of County services to our customers. 2. Provide better service by improving internal County operations. 3. Promote cooperation among County departments, other government agencies, and the private sector. 4. Increase the efficiency and quality of work life of County employees. 5. Increase information availability in order make more informed decisions. Guiding Principles The following statements describe the principles we will use in making investments in information Technology. We believe these principles will help us best meet our stated goals. Our Information Technology Strategy is driven by and supports County and department service strategies and goals. A first step in new system design will be to consider the business needs of County departments, but any opportunity to re-engineer work processes should also be considered. Applications will be based on functions (such as justice, health and social service programs, finance and human resources) and will not be constrained by current organization lines and single department needs. Front-line, service delivery staff will have the tools to access all needed information, and to be effective. Technology will be employed to support the County goal of having the "highest caliber employees" who "provide quality services to the community." Technology will be used to improve the effectiveness and productivity of County government. We will use technology to minimize organizational overhead and maximize resources devoted to direct customer service. Information, regardless of its location within the County,Bay Area, State,or dation will be universally available (subject to the need and right to know.) Information will be delivered for direct client services, for management analysis and for business decisions. We will routinely evaluate opportunities for information to be shared by organizations to minimize the cost of collection and maintenance, and to maximize accuracy. We will make the best use of IT resources. money, staff, and equipment. IT resources will support cumulative, department and County-wide objectives. This includes the best use of current equipment investments. Our procurement practices will encourage vendor competition and best efforts. System development, maintenance, operation, and project management practices will support successful investments over the life of IT applications. County computing will be based on industry standards that permit maximum sharing of hardware and software resources. This will enhance competition, provide alternative vendors, and protect investments in hardware, software, and training. Technology will support the sharing of information and systems among departments, and the integration of different products acquired at different times for different purposes. We will encourage trials of innovative service delivery, improved business processes, and the creative use of technology. Technology will expand public access to government by citizens and provide services on demand at the point of the business transaction. Proven off-the-shelf systems, production pilots, and other small scale trials will reduce project risks. of 11 02/09/2440 11:38 AM These guiding principles lead to the following overall policy which will guide our management, deployment, and use of Information Technology in the County. Overall Information Technology Policy: County departments will individually manage the use of Information Technology in support of their mission and goals, and these goals and principles. The County collectively will manage the use of Information Technology to support and ensure County-wide planning and collaboration on systems for common services and functions. The County will build and maintain a secure common, standards-based, County-wide Information Technology infrastructure for collaboration between work groups. The following section describes more specific Information Technology policies and architectural concepts that will help us fulfill our goals,principles, and overall policy. Policies and Architecture The goals and guiding principals in the previous section affirm the County's commitment to build an information infrastructure that provides universal access to tools, services and information to serve our customers. Management of the County's Information Technology strategy will be on-going. The County must continuously progress toward its strategic goals even though the ideal results will not be immediate. We must understand the following key subjects to realize our goals: 1. Information Technology Leadership: Technology leadership should be driven by the Information Technology Steering Committee and its sub--committees, and carried out as a function of the Department of Information Technology and other County departments. This should include the development and continued evolution of an ongoing technology strategy and the cost-effective means for achieving this strategy. The County is in a position of needing to improve its day-to-day business functions through the use of technology, with diminishing resources. This will force County management to make difficult decisions about policy and business priorities in the cost and use of technology. Ongoing information about present and future technologies will be required to make these decisions. 2. Common County-wide data communication and network services: A backbone is defined as the main information transmission path for the County's information. This should be a basic network service available to all County departments, that is the foundation of a County information infrastructure that includes data, voice and video traffic. Shared services, available and easily used by every County employee are essential for staff collaboration and integrated client service to citizens. 3. Data management: Data management is the capability to organize and access general information when and where it is needed throughout the County in a shared format. Data management reduces redundancy of labor and physical resources to capture and present information. 4. Work group productivity tools: Tools should be available at desktops, which support individual and collective staff productivity, to increase the flow of information at the point where a given business transaction takes place. 4 of 11 02/09/2000 11:38 Ate: 5 . Staff training, development, and support: The County needs an organizational commitment to build information technology skills and competencies, and to provide in-depth problem solving assistance, so the value of what is spent on information technology is enhanced. 6. Systems management: Projects,systems and organizational practices should be developed through a System Development Life Cycle model which continues to enhance the value of technology throughout its intended life span. Application systems are staying in production for much longer periods of time than anticipated, which necessitates a requirement for greater adaptability and higher levels of integration. 7. Innovation and technology transfer: Activities and practices which encourage the timely identification and cost-effective application of new technology, including research and development, should be proactively applied by all County departments through the leadership of the Department of Information Technology. S. Organizational roles and responsibilities: A clear definition of individual and collective responsibilities needs to be defined and understood by all participants in the County's information technology process in order to achieve the County's information technology goals and objectives. Each of these key subjects is covered in more detail on the following pages. 1. Information Technology Leadership Information technology leadership is the responsibility of the County's Department of Information Technology. It is important that County management,and employees, are exposed on an ongoing basis to new ideas, changes and breakthroughs in technology. This can be accomplished in the following fashion. Workshops for the Board of Supervisors, Executive and Senior Management, which educate and provide exposure to the world of technology. Ongoing education for all County employees,through the Department of Information Technology, on current applications, software and hardware standards and tools, and emerging technologies. Publication of a County-wide newsletter by the Department of Information Technology, which includes discussion of current technology topics, software use tips and hints, and information security education and updates. 2. Common County-wide Data Communication and Network Services A shared, County-wide, communications infrastructure (Wide Area Network) must provide for department-managed information communication, and common County-wide work group interconnections. The County will select and provide basic, common, network services which provide for the secure interchange of information. These include electronic distribution,of correspondence and information, protection of confidential and protected client information, and the ability for any authorized County worker to use any appropriate application in the County. County backbone network The County will fund, maintain, and centrally manage a County-wide general purpose data communication backbone. Backbone services will be based on the concepts of. 4 of 1' 02/09/2000 11;38 AM • Secure and safe communication of only that information which should be open to network access. • Peer-to-peer, open, common protocol, communications technology. • County funding of departmental connections to the backbone. • Secure connections to departments, and support of general purpose encryption of data packets as required. • Capacity and performance to meet County and department needs. • Standards for file servers, communications lines, redundant pathways and reliable power. Departmental and work group "Dedicated" networks Departments are responsible to build and maintain dedicated networks to meet their individual work group needs. However, as appropriate, operating departments will participate in and use the backbone for: • Inter-departmental communication. • Intra-department communication when appropriate. Gateway to networks and services The backbone will provide shared, common gateway services to and from networks outside County government including: • Internet and World Wide Web Connection. • Regional, state, city, and school networks. • "For fee" information services, with costs allocated to users. • Networks of authorized organizations, and other government entities which may need access to County services. Mail The County will fund,build and centrally manage an industry standard, common protocol, County-wide mail service. Mail is more than an electronic replication of simple typewritten messages. It may include a variety of electronic correspondence such as images, voice messages, formatted documents, electronic conferencing, meeting schedule requests, and exchange of data files. • Departments' mail systems will be interconnected providing a free flow of basic mail packets. • Departments will maintain existing work group mail systems, and plan and fully participate in the County mail backbone as it is developed. • Departments without a mail system will be provided a common, basic mail service. • Services will also include a directory of mail participants, security of data, access to work station functions, logging and performance management. File transfer Common file transfer protocols and tools will emphasize ease of use and minimize operating differences between systems, while maintaining security for authorizing access. Remote operation Remote operation tools will provide the capability for any authorized user, at a workstation anyivhere in the County, to fully use any department's system in a secure manner. 5 of 11 02/09/2000 11:38 AM ............................................ ...................................... ................ Directories of organizations and employee network addresses Centrally managed County-wide directories will support addressing and universal transmission of electronic correspondence and data. 3. Data management A consolidated County-wide perspective of multi-department data is needed. Individual departments need the ability to access other departments' data that is available for general distribution as allowable by law. County access will be based on data held and managed by departments for their operational purposes. Department data repositories Departments are responsible for systems that support work group operations. Data will be stored and maintained in computer systems supporting work group operations. There are added(and potentially significant)casts of coordinating and providing County-wide access to work group data. The County will fund department equipment and software devoted to data access gateways. Departments are responsible for: • Maintaining standards-based file servers, communications lines and reliable power. • Data collection,maintenance and accuracy. This is a product of normal department operations. • Data definition,accessibility, and security, by use of industry standard("SQL" based), data management technology. Consideration of County-wide data access and governance practices must be included in department systems. • Consideration of opportunities,particularly as new systems are developed, to share information between departments and to avoid redundant data management 4. 'Fork Group Productivity Tools General purpose workstation, work group, and application development tools must support department staff, and also the County-wide portability, and collaboration of staff and systems. Preferred County-wide tools The County will develop a list of preferred, general purpose workstation, work group, and application development tools which: • Support routine portability and collaboration of staff and systems. • Ensure easy and rapid exchange of data objects, such as formatted documents. • Lay the ground work for effective staff workstation training and support. • Recognize the individual, specialized needs of departments. Specialized department tools Departments: • Will select and implement specialized tools that serve individual professions and functions. • Are encouraged to demonstrate innovations of potential County-wide value that can add value to basic County-wide services at reasonable cast. 5 of;1 02/09/2000 11:38 AM 5. Staff Training, Development, and Support County staff need readily available, in-depth, training and technical support to obtain the full benefits from the significant investment at each workstation. County-provided support The County will centrally provide staff training and technical support. Support will be limited to selected, preferred tools, and will take place at three levels: • Personal skills development for employees, even though it may not be immediately required on the job. • Competency development to build in depth on-the-job capability, • Consulting, technical support and problem resolution at the work site. Department-based support and training Departments are responsible for: • Support of unique and specialized tools. • Training staff in security responsibilities, based on the County's 1996 Security Memorandum of Understanding,and "Employee/Contractor Responsibility Statement." Access to system facilities will not be permitted without this training. 6. Systems Management Information systems are a vital part of the County service delivery infrastructure. Realizing the full value from these major capital investments requires a basic set of project and system management practices and organization disciplines. County function based systems Planning for new systems will involve all County programs that provide services in the functions addressed by the proposed system. Business and work process re-engineering Departments are responsible to build the basic steps of business process redesign into the initial stages of system planning and development. The methodology will provide for an "early out" if process redesign is not feasible. Project proposal and measurable benefits The County will develop a project proposal guide line, including an emphasis on measurable improvements in services and costs. Project Management The County will develop a project management guideline which will include: of 11 02109/2000 1:38 AM ....,,...........,,.....,..........s.u,v...usr ti,.u.yuYi.s..u.....A. . • Accountability for completion within outcome measurements. • Senior department management sponsorship and continuing, fully involved, project commitment in partnership with the project managers. • Fully staffed systems project management with appropriate responsibility and authority. • Encourage the use of flexible communications systems that include various technologies and that stress compatibility. Procurement The County has prepared procurement guidelines and a Countywide Technology Acquisition Contract, which include vendor and County responsibilities, and emphasize the County's Information Technology Strategy. These are available in the Department of General Services Purchasing .Division, and the Department of Information Technology. System life-cycle management Departments will identify the proposed phases of a system's development, and deliverables for each phase. At the end of each development phase the following will be updated: • Project plan and budget - • Cost/benefit analysis • Operation and maintenance plans The County Information Technology Department has examples and models of the above elements. Quality assurance Each department will include quality assurance reviews in its project plans,which will include a post implementation review that evaluates planned versus actual functional capabilities, measurable benefits, and documents innovations and lessons learned. Planning The County will update its technology strategy on an ongoing basis, and each department will prepare a systems plan in January of each year. 7. Innovation and Technology Transfer The County must support the rapid and effective deployment of new technology for customer service and Organization improvements. A key part of the County's technology strategy must be activities to increase understanding of opportunities and innovations. Organizational incentives that support development and transfer of successful applications include practical funding options and simplified project approval processes. Annual Technology Vision Conference The Department of Information Technology, with the participation of the ITEC, will organize and host an annual technology vision conference for County Department Heads. This conference will be aimed at introducing new technologies and applications at the executive level of the County. The Department of Information Technology will also work with County departments and industry to put on an annual technology fair, aimed at demonstrating technical aspects of new technologies and applications among all ;0e 11 02109/2000 11:38 AM County departments. Post implementation "Open House" Departments will publicize and host an open house demonstrating features,benefits, and lessons learned from a completed systems development effort. Technology resource library The Information Technology Department will maintain an open reference library of product and system management literature for use by County systems staff. Funding incentives The County will develop a budget policy which creates incentives to fund high payoff systems development, and commit to obtaining the current, most reliable and proven technology available at the time of purchase. Simplified project review and approval The project proposal and decision process will support timely and creative initiatives. Each year the process will be evaluated with recent project managers, to ensure that the County's objectives for innovation and rapid, quality results are achieved. S. Roles and Responsibilities This strategy depends on several key organizations and constituencies. Beard of Supervisors • Approve the County's Information Technology Strategy as approved and presented by the Information Technology Steering Committee. • Approve systems and application expenditures related to the County's strategic direction based on availability of funding, Information Technology Steering Committee (ITSC) • Promote the use of Information Technology • Lead IT development • Periodically review IT Strategy in light of changing technology, requirements and available funding. • Recommend to the Board specific projects and investments. • Establish and recommend to the County Administrator, and Board of Supervisors, IT priorities consistent with County business priorities. • Recommend to the County Administrator, and Board of Supervisors, policies consistent with County business priorities. County Administrator/Department of Information Technology • Organize and chair the Information Technology Steering Committee • Introduce and recommend new technologies to the Information Technology Steering Committee and County Departments 9 of 11 02/09/2000 1:38 AN4 • Seek out and encourage public/private partnerships that utilize innovative technologies. • Recommend County IT Strategy to the Board of Supervisors. _ • Recommend related departmental systems plans to the Board of Supervisors. • Carry out the County's Information Technology strategy under the leadership of the Information Technology Steering Committee. County-Wide LANfWAN Committee • Provide for County-Nide input into County's technology direction and wide area infrastructure design. • Provide a forum for technology peer exchange. • Assist the ITEC in reviewing Departmental Security Plans and Departmental Disaster Recovery Plans as required by the County's Security Policy. County departments • Define departmental needs and manage the use of departmental IT. - • Use IT to serve departmental customers and the public. • Make IT project proposals to the management. County employees • Understand and effectively use provided IT tools. • Use training and support to provide high quality County services. • Identify opportunities to apply technology and business process improvements. • Assist the ITSC and County in the evaluation of services and systems. Clients and customers • Take full advantage of available County services and technology • Help evaluate County services and support systems. Implementation of the Strategy Migration of the County to the policies and architecture described above will occur in stages. All new and re-engineered systems will adapt to the County backbone standards. The County will set priorities for investments in County-wide capabilities. Investments and adaptation of existing systems will be planned on a case-by-case basis. The rate of implementation of County-wide infrastructure capabilities in each department will include consideration of existing County investments in department computing technology - and the need for rapid, full, County-wide participation. Criteria for IT Investment Decisions The criteria for staffing and funding projects will reflect the Guiding Principles. It is vital that funding and approval be perceived by all to be open,equitable, and rational. County government's resources are limited, and we have the responsibility to make the best use of the money, staff, and equipment available. To make appropriate decisions on allocating these resources, 10 of 11 02/09/2000 11:38 AM including investments in Information Technology, decision-makers should have a clear understanding of what we can expect to receive for any investment. The County can best mare investment decisions when the choices among priorities are quantified. For example, it is more helpful to know that an imaging system will reduce processing time for a customer's request by 30 minutes than to know that it will simply "save processing time," Thus, project managers should quantify the expectations for investments as much as possible. We also recognize that some benefits (and costs), such as improved employee satisfaction, are difficult to quantify. Project managers should describe such benefits and costs qualitatively, and be able to provide documentation. On-Going IT Strategy Development and Maintenance Maintaining our IT Strategy and the supporting architecture is a continuing responsibility. County business changes, the pace of technical change, and the results of past projects will all present a series of challenges and opportunities. We must develop organizational habits and traditions which make IT strategic planning a regular and fully participative part of executive management responsibilities. I! of t 1 02/09/2000 t;:3s Ate` e MALNUT CREEK LIBRARY N. Broadway . al6ut Creek , CA 94596 . 'FAX . C0VER. SH EET DATE" December 6, 1999 11ME: 7:00 PM c: Susan Buske FROM: Ann Shelton PHONE: 925-646-6775 FAX: 925-646-6048 Technology Plan .Nur her of pages including cover sheet:4 I am sending a copy of the technology plan for the Contra Costa County Library a requested by you and Lurie Tinfbw of the city of Walnut Creek. 12-06--1999 0?:03PM 510 646 6048 P.Q1 . CONTRA COSTA COUNTY LIBRARY TECN2 OLOGY PLAN DrXFM;E M 1999 t LIBRARY MISSIONSTATEMENT ANT)GOALS the mission of tilt:Comra Costa Cot<my Library is to bring people and idmu together, The overall mals are, t To provide colltctlons that meet She information!,a ducationel,rttimresatirxtah and cultural nerals of the eeminunity. + . To respoaad to ongoing community infnt aftion nixds and ci}angirtg trommarsity dernogrephics + To iate~ttsatses public awareness end support for tae library and its services. To maintain and openste€ibrartes that am inviting,a=ssi'blt and fully usable. • T'o provide lout library servioes keyed to the nte&of specific coax munitios and resulting In enbance4 Wriurtsrnity suppon and fvvding. �r To provide all Contra Costa residents wide the beaefira from the latcsz methods of infomnatson access by lncotporating new terata bSit s ko the service pr6m m. Tb administer the library efftawdy and "t.ctsvcly. i T'EC'T.tN4tLt?t'ICAL OVf.R.VIF- '+ 7 Telephone:cervi provide public access.to literary services and facilitate commursicetion emoag library staff' with btlephanes,voicrmedl,field ars SW number for centralized teJVhone reference service.A fax network co"a"ts alt 223 librtny sites fur doevrnent delivery.there arcs 6 modern lines for dialing in to fila lrotary's cosio .and lila library it it aglemetWng.aA Automated attetttlent ce lepbone sYstem for renewing hems,getting i rmation about haste,#a�ary.loeettions astd bot rower account infutrnatiors. A erntiputariaetl telephone sjxstatru is also used for filling 3ibtary ant cltutc joYrs in fisc 1 le y. • A CARL Corporation irraagrA*d library system r. inem 23 tbil"airy to a central site providing cimulatim, pan*catairag,and acquisitions jervices for tlae library over a TCFt1P Frame Mary re wa*of 19 f oWatiel T•t air�cuita(I 28K)atsd 4 56K 4rvAat hooW to 2 full T 1 r irtzits Into the mail she. Cakwory 5 cabling is Wooed as Al sites;a tonal of442 pararenal cornpuwn ere supported on the network and there are currently 26 stowme PCs. • A T-1 Irttsrnet feed Sitrmtipt a Sats gateway server from the Cetrtral Library to lire County Vow tune w of InformaErion Tecbnoigy a gnWes farces to electrtmic mail,ontins databases,odd local libray catalogs,and prgvjfts graphical browsartg;of the ltmn'rstsr for lite public estcl staff 121 personal comindas provide flail grapbl"l Tnteustet acres to lite pnblk,rt:tut#ser 74 ctmtlststerrs provide arears to crrrrtmerclal lnStrrttt t9ata6aase soviet T'ebset and Web-leered access to the library's online catalog is also pm�ndtd the mzglr th $atewwety server. A.Novell talkie Ares Network to&1123 aites uses the same network as the CARL.Corporation softwerc axed supports stwTt-retail,word pmcciisfgv.,spreadsheet and other office automation softww ars AM5. • no library onOCLC. T+echnotogy is used:ta provide tis many self-service options for dte library`s patrons ss possible since Contra Costa's par deltas f mdIng.is=T rntly n to-last wrong lila 37 libraries ire tins Set)Fes i�Day Arta andstdrng levels - are commensurately low, "There:rex 14 self the ekoa mac rtes,ltacluding secveml with attacbmenta for cltecls>rtii out videos. All Patron so"cdrrtpteters itevt at hi�►l-ter-intim#fret is cokyrf+l rntd easy to use,and there Is an =+ssrtitiAd.reader's advisory service calico Novelist available froto every public access computer vrlthpt the Vbr . .The 11brary ma�inta►im a World Wide Web home page(www.�tt�!rir�c�sta.lr' M.")with links at local,stAt,nationst and itatcmational dam gild w-w-date information On literary irrograrztrtzzrtrg.services end other librea y activities, 3; ISCIVOL-00Y PLAN no lid p'kana ter upgrade iu Internet Service l:mvider bandwidth and u pgr*de tttt hordes between the breeds libraiifs to provide higher speed rxmttectivity in the last CpArw of 199912pt14'. The library is 00 tracting with a network services eastpany for a Security audit and network health aleck and the relents Of'the study are EXP in ilia third aprae`w of 1999t2t1i3i0.`i"hose rexsults should belle the l7srary attrtsmatkrs staff plan a secure trudtttrad of network 000ess to the County'Wide Areal4m,work;For all staff who reed that.access. In 2tlt)U,rhes library will also be thsathling art'Istteerm filtering systan for thea PCTs in the alrilxlrM`a areas of lire libraries- 12-06-1999 07:04PM 510 646 6048 P.0 . - - 1,x.43,:kJ:r �'� Y1J:•x.21'-i'1 S.>..t. t_ir�ry-,r:r ryvi•+lr's. i If 4 November 2000 library ba tot mtmre is successful,the library wit}add an additional Keil personal computers for ptriallc uie. C.tu eittly,there is access to Informatlon Acems Company business,health,and genera)periodical datsbasrs, SIRS corrent events databases,Marcive's online gpverrrmrpt documents index,and Gale's literary ittc and l rerary biog�ralahy databases. If the ballot-me"im passes,the library wilt add access to lull-text .bewspaptrs,more specialized bauiriess databases,will add ils govemn ent documents dvository records to tht uiiline'.-caWog,and wilt implement a 5eriatt rn»rlagement database. I t 37 iinxiog telephone numbtrs wh 43 extensions support public access and communications between ? bitanches. Most branches have analog telephone systems;but tree Central Library and some branches with Hty- uTportod sysmm bare dl&I tttcpbono systems. 56K 1110m at the 3 smelled library mnlets will nezd to be upgraded to fractional T-1 Innes,and the current 6hcilmel T4 f 129K)lines at the 19 brtinobt3 will need to be upgradod to wommodate more FSCs accessing gylaoldal Internet serviom } + . L•bntzY ArSmInIstraticm uses modems and phony;lines for access to persamel and budgeting systems sopported by the..county's mpartsnent of lnfe wrlori Tedwotngy in mwtlftL T' fbtAry cvr:T*MtIy shams a T-1 time to the County's Internet Service Provider with ala tate other County dtparpnen%bin that ocem is already insufficient to serve the County's growing Intternet onge. no itbmty will need elthcr to shaves a T-i line with one other County depot nt of will need a dedicated,T•l for its own 46. 5: '*l WA"AND SOf' WAn MODUCTS. .' • " 'l e' llbrwyhaa 23 txititw and 32 hubii or switches. Tia nrcorn nodare 100 new PCs,the 1f`trrary will meed l I ' a4ditirtnat hubs or switches,3,t r CSUAD5Us.and The TaatWain maiofrw ne will steed 2 additional disk strives in anew cabi tet,an rsmtrolkr,and:ams>th l'1J. The library is raptacing all Its 496 PCs with upgraded Pen#tm PCs this year and hast krait much of the year patching or replacing existing saftware and hardware far yitsi'2000 comps . Also,tate h'Esrary has begun to chienge ovtar martyr of its CD-ROM standalone.PCs to :n tv w%O InWnet-accwNe PCift year. G, 'NETW`t3l X CONNEC17ONS AND ft4TMtI T SERVICES Al-bmehes ore cabled with Category 5 Ethernet cabling. Additional cabling will be needed to accommodate the additional 100 PCs, nom we no.wireless systems in pkice yet,but as wireless technology becomes more robnst:aed a6m dable,it will be mlpsttd-for use in.all major btr•I•lding projects. An branches currently have jmob"I.txovrs.ing of tic Imemet smitable.an all the library's Internet-oomocted PCs. The C=ty's Internet Servirc Provider m v&x needs to be re-eve ivateci to crtsura sufficient betide Wih and redtmdancy to support the iibm yrs subscriptions to alae mnie damb4m ars well as its Inoerttt:t browsing needs. 7,. S"�AIS l�LO� • 4 i Staffhave htxi booth basic Muret and refs r+ence,Internet training,as woU as training in the use of the CARL Coi-poradon rystm,and in the rise of tht library's subscription esWctrortic database wvkes. Twenty of the 23 11171"try site$,have participated in the State Library's InfoPenyte pr6jeA3 and the library has developed an "nifive volttrttter docent pry live orienting patrons in Internet use. Two Automation Staff members have s"ved HTML tralnirrg;wwLha staff member het{re elved Tandem operator,programming and report-n riw t otnin&and Novell and WT develops em T'lvc lora ty will migrate its electronic email systssn from MS Mail to 1 oirae Now jj early 2000 to confaasit to the Courtly's electrwic mall standard,which will interface with its ilow poo system. Technkal staff +ill be trained in Lotus Notres implementation and adtr:ioistrtrtion and sit o the.staff'will recolve user training in Lotus Notes. In the third and fourth gasters of 2000,the literary also will fmy'ilemont Wmdows based sterfunotions for circulntiag materials,acquiring materials,aed co*lo&g ' rnad�iriata. , 8, SUPPORT ` a Lfbfary Automation staffoonsists of five permanent staff:a manager,a systome and network manager,in ' Internet gateway qts mist,a LAN aid Help Desk specialist,:and oat equipment tedmicisn. The Library has t:lsutsrriiail"tpr�oittollScbrftras'tgrsat:slgetiesrrc•dvc 12-06-1999 O7.O6PM 510 646 6048 P.O3} ............... ....... U-4, LIDMVI retcivW-additidnal hading f,rOlr the State filsirplbs this Y03T and a nuly permanent support positipp will be ret;uca04 If the lilw*ballof measure passes,two or three inure snppnm stAff will be Adderl, nA 11 C'M Waoft with CARL Corporation for the support far library system and wit);a)"a]3MM authoAzed pamor forsupp6rt of the TMIP'network. In December 1999,2 new Deputy County 1.1brarim for Support Servves will join the librxty staff and will greatly irnprovo The long-range sop-poll and planning fcf teftology. 9. PtAN 93B'MW AND UPDA77NO The C4wra Costs Cm-ft Liksty adapts w 18-month Strategic Plata annually in January or February. TheStrategic Plitu kor2*42M bwas Its main tochnologygoaJ"to movirnize the use wd eftcfiva=of technolor," Pn-)gltx5 towara the objecoves is TvPMW Orally each month at tho wMary's Monwy Managers Metting and Aoftw quvvmsports aro produced in January,April.My,and October. Budgetplanuing takes place during tht 'fano"---Mares VtaCW*buh am budgeted to*rzomplish each of the objectives. Frvpem evaloadoft of fedwology goalt p"fto,llm library to m4w mid-w;nc cm*c4*w in moponse to new developments and vppottustit�es-as Oley Otise. 719M is a SA*UtW AutoMotion Maw for equipment and software upps&s and for tntstal reploom"t of ft mawivro:and Mwork If tdze�bor 2000 ballot inewav paosw%RtSional Boards will dwmint the use of all new"ift over and However,a formula txku for adding cortiputen requires each riegion to Jilot 11.9no4hw oo#vMAO for a PC,whiob-inoludes tht cog of trot�omptrtcr,prbw,saftsm cable,network card,wiring andobUng costs,famitac,and a percentage of the rakftr,hub and mainfiromit oast. Amwelly.there is 1:c oog.of$2,500 per ye per PC to cover support staff,tdecomm=k46oAs charges,rep*or Maintenmee #wjeg,o4ware updW dvan and funds ft MiatMem. The Mftg des art,WtWatOd baled on the 'OOMPOW ta.&MY oundW rtVh*we support smff member for every 50 Pct,tnd the replatement fond is based Va dw nead tor*#mb*Mwm every 3 yearn. it is evimsted that the Wonal Booms will also add orwow 50 PCs 1160��s WI:tifts;VA ff. 1:10UMM advM006 NbriftA€igi�t c'estac d o c TOTAL P.04 12-06-1999 07:07PM 510 646 6048 P.04 1949 �R) 1999 Contra Costa College Fifty Years of Excellente Strategic 1999"a2OO2 The Collages of Cot*a Wo Contra Costa College Diablo Valley College Los Medonos College Fable of Contents Introduction Beliefs,Values and Mission --------------- ---- 2 Our Vision ---3 Who We Are----------W--_ ____ _ ___ 3 Challenges 6 Demographics7 CCCD Strategic Directions ------____v_`______ _ 10 CCC Strategic Directions ---__–_–_–_ ---- 11 The Planning Process-------------- _ — 12 12 Planning Calendar -- 13 Program Review --------------___________ _ __ ____ 14 Forms --______ ------— -- 15 15 Instructional Program Review -------------------- 15 Student Services and Administrative Unit Program Review19 Departmental/Unit Annual Plan---------- 21 Departmental/Unit Progress Report --------- 22 Participants------« . -_ _____w _ –__._____ _________ 23 INTRODUCTION This document constitutes the strategic master plan for Contra Costa College,one of the three colleges in the Contra Costa Community College District.Contained herein are the strategic directions for the next three years (1999-2002). About the College The college initially began classes in the fall of 1949 in Point Richmond. In 1956, the college moved to the current 87 acre hillside campus.The 1999-2000 academic year will mark fifty years of service to the West Contra Costa County area.Key cities in the primary service area of the college include Crockett,EI Cerrito,El Sobrante,Hercules,Kensington,North Richmond,Pinole,Richmond,Rodeo,and San Pablo.Pull-time equivalent students over the Iast three years have ranged between 5600 and 5800 for a student body of approximately 8,000 students.At ultimate build out,the college has the potential to serve 12,000 students. Noir This Document Was Developed A seven-member constituency-based team met with a planning consultant in September 1998 to develop the implementation plan.The previous strategic plan had expired in the fall of 1998.With the assistance of the consultant,the team developed a calendar of activities that would ensure development of a final document with input from,all college constituencies for governing board approval in June of 1999.Actual implementation of the plan was scheduled for the fall of 1999.The final document would be one that was user friendly,included input from all constituencies,and accurately reflected,the current state and needs of the college;in short,the plan would be based in achievable reality.In addition,the strategic directions would be in alignment with the strategic directions established by the district. In order to meet the goals the team established,the following were done.(1) student and community forums were held in order to obtain student and commu- nity needs and perceptions;(2)college sub-committees were appointed to develop spec'if'ic sections of the plan;(3)All College Day in January focused on strategic planning with the employees participating in the development of a vision state- ment,challenges,and strategic directions;(4)employees were polled as to which strategic directions should be the focus for the three year period;and(5)employ- ees were given the opportunity to review and comment on the final draft of this document. ............ ............ BELIEFS, VALUES, AND MISSION Beliefs Contra Costa College believes that all individuals have inherent worth and dignity and are entitled to develop their full potential. Individuals will enjoy an improved quality of life,communities will prosper economically and socially,and families,neighborhoods,and communities will be strengthened when residents share a commitment to lifelong learning. Further,we believe that a healthy and vigorous society benefits from the rich cultural,racial and socio-economic varia- tions of all people;that a democracy depends upon an informed and involved citizenry;and that the College therefore serves both the individual and society. Values Contra Costa College's commitment to its mission derives strength and guidance from institutional values.As a community of educators,we value: • COMMITMENT to helping students learn and to improving the economic and social vitality of communities through education • RESPONSIVENESS to the varied and changing learning needs of resi- dents and businesses • DIVERSITY of opinions,ideas and peoples • FREEDOM from violence,racism,and other forms of prejudice and injustice • INTEGRITY in all facets of our college interactions and operations. Mission As a public community college,Contra Costa College is committed to promoting student learning toward achievement of these outcomes: • Completion of educational goals; • Completion of certificate,degree,or transfer programs; • Acquisition of knowledge and skills pertinent to lifelong learning and gainful employment in the global community. To assist students to achieve these outcomes,Contra Costa College will provide the highest quality teaching,curriculum and supportive services. ....................................... ................................. ....... ............................................................... OUR 'VISION a We are committed to excellence,with student success as our primary focus.G e will work collaboratively with each other and with the community to provide a safe and inviting environment,excellent and innovative instruction,up-to-date facilities and equipment,comprehensive and caring support services,and strong leadership to ensure that our students are prepared for the future. 1WFJWH0 WE ARE Students and Staff Our joy and our greatest strength are a student body not only as diverse as California but as diverse as the world.Can't afford to travel the world?Come to Contra Costa College and share classrooms with students from Asia,Africa,and Latin America. This diversity enriches discussion and extracurricular activities.Regardless of ethnic background,students will find a staff accustomed to dealing with their perspectives and expectations.Our students are diverse ethnically and diverse in age,economic circumstances,and preparation.The fact that the student body is so diverse in preparation constitutes a challenge for staff.Many students need better basic skills to profit fully from college-level study.Most have jobs and family responsibilities they must juggle while trying to keep up in their classes.Many have physical and learning disabilities as well.There may also be housing and transportation problems to deal with.Partly because of limited state funding and partly due to the way the district allocates funds,the college has always had very modest resources for meeting these challenges.Our successes,and they are many, are a tribute to the determination and commitment of the staff,the courage and persistence of our students,and the cost-effectiveness of our operation.When we succeed,we succeed in life-transforming ways. The educational goals of our students include the traditional goals of community college students:transfer,vocational preparation,basic skills,and personal enrichment.Therefore,we offer not only traditional courses in traditional meth- ods of delivery but also short-term courses,distance learning,and computer- assisted instruction.We have tried to meet the needs and goals of everyone who has wanted to come.In addition,we have tried to provide the learning opportuni- ties local business executives request.Some Have called the approach the"service station"model of a college,defined more by those it serves than by its own priorities,and we have tried hardest to do those things that we can do best. We have strengths and problems in transfer programs and services and in vocational areas and in basic skills. At Contra Costa College,every student can be assured of small classes,usually between fifteen and forty students.Only a few classes have over 40.Every instruc- tor is fully qualified and has as his or her priority teaching rather than research. Instructors seek the opportunity to deal with students individually.And using the college's support services,some teachers are improving their teaching by creating learning communities,teaching to various learning styles,using classroom assessment techniques,attempting to connect student to student,using technol- ogy,and incorporating study skills and writing across the curriculum. A high percentage of our students do not possess college reading,writing,and math skills when they first attend.The college has conducted several comprehen- sive retention and persistence reports on reading,writing and math literacy rates of new students who attend the institution.The outcomes indicate between sixty- five and eighty-five percent of each entering new student cohort require some form of remediation.Even though students take placement tests,mandatory _. placement is not required.As a result,each classroom:may well have students of every skill level from the weakest to the strongest.There are no college-wide policies for teaching writing or critical thinking across the curriculum. Our students are often unprepared for what it is to be a college student,unclear about their ultimate goals,and unfamiliar with the college setting,including what behavior is appropriate and what study skills they need.Our success and that of our students therefore depends critically on how we help our students get under- way at CCC.The college will be instituting a new orientation process designed to minimize the difficulty students experience when they enter college.Counselors and advisors will address the critical issues facing new students and will provide opportunities for students to assessment,placement,orientation and an in depth acculturation experience.We believe this enhanced orientation will properly prepare students for the rigors of college life and help to eliminate the problems many experience because of unrealistic expectations. College Resources The college has been under seemingly endless pressure to be more productive, to have more students per class.That pressure has inspired entrepreneurial efforts including the program in japan and the use of new technologies for delivering instruction.It also has shaped policies on curriculum and other academic matters, the pursuit of programs that come with their own funding such as CalWorks,and the enrollment of students in short-term vocational preparation rather than degree programs or basic skills courses.A large portion of the college's discretionary revenue as well as a large portion of the time of the college administrators has gone to efforts to recruit new students even though our current students have many unmet needs,on the other hand, future funding will depend in strengthen- ing overall enrollment. The district has three colleges.Contra Costa and Los M. edanos are much smaller than Diablo Valley.A significant number of students from our service area attend DVC,which hurts this college financially even though competing with DVC for these students does not help the students or the district.What we know is that working conditions here are at times more challenging. Faculty here general y teach more preparations,sometimes in more than one discipline. Students here are 13 likely to need much more support from faculty and from classified.In particular, classified often are asked to serve as translators over and above the responsibili- ties of their regular assignment.However,greater challenge may also allow the possibility of greater service to an underserved part of Contra Costa County. College Facilities The college looks attractive to someone walking onto the campus,especially in contrast to the neighborhood in which it is located.However,the outside appear- ance hides facilities and equipment that are in some cases minimally adequate. Faculty and staff must make do with minimal supplies and equipment,dark hallways,shabby classrooms,poor access to computing for many which is even more important since clerical support for faculty is rarely available.On the other hand,we have sufficient parking,a good book store,beautiful landscaping,goad access for handicapped,and modem science labs.In addition,the admissions office and library can be used without even coming to the campus.In addition to the lack of good lighting and poor equipment for many purposes,other problems are leaking roofs,poor carpet,buildings which need remodeling,uneven walk- ways,and the need for better maintenance especially for the restrooms and for the whole campus on Saturdays. College Govemahce The college has many groups and committees.The regular duties of working with our students keep people busy,and that is one reason why participation in meetings is unenthusiastic.However,except for the College Instruction Commit- tee and the College Council,meetings often accomplish little,are poorly attended, and are perceived to have little use.The information presented often could be presented more effectively and quickly in writing.The authority of each group is rarely clear,and the impact of any decisions the group makes is frequently un- clear.A complexity of interest groups,operating procedures,and contractual limitations greatly hampers changes from"business as usual." CHALLENGES Peter Block in T"ne Empowered,Manager says that it is difficult to take a cold dispas- sionate look at our current predicament. Our instinct is to make the best of it and to rationalize any frustration we have.As we have moved through the various components of the long-term planning process at CCC,we have heard comments from many of our staff about the futility of it all,since,they say,nothing ever becomes of the plans anyway.In this section of the plan,we have tried to deter- mine why this is so.We sought to define the patterns,attitudes,behaviors,struc- tures,and barriers that we encounter in our daily work that keep us from achiev- ing our goals.In so doing,we take what Block calls the first act of courage.to see things as they are and respond accordingly. 1. Established ways of thinking lead to an unwillingness to accept new ideas and prevent the college from moving forward to solve problems.If we can't"fix it"by doing what we've always done,we don't"fix it". 2. Our traditional tolerance of selfish behavior discourages accountability, reduces involvement by staff,and keeps us from working together for the common good.The overall level of funding,and the distribution of funds within the district,do not fully meet the financial needs of the college. 3. The ways in which we conduct our daily business often hinder progress instead of aiding it. 4. Our students'basic skills needs often require more resources than we can realistically commit. Failure to adequately prepare new students for the demands of college will sustain low levels of learning, limit student success,and frustrate both staff and students. 5. Our inability to be realistic about what we can do keeps us from setting priorities and working toward a long-term goal. 6. Our acceptance of negative perceptions of the college,by the community and from within,reinforces those perceptions and keeps us from reaching our potential. 7. The college must insure that information is accurate and effectively broadcast to staff,students, and the community in order to establish the flow of ideas and keep everyone informed. As a college,we enter this planning effort aware of the thoughts and actions that can prevent our success and will, therefore,endeavor to overcome the challenges. f DEMOGRAPHICS There are a number of ways we can look at the demographics of CCC students. The most conventional way is simple statistics for gender,ethnicity,and age:we have more women than men students,no simple ethnic group is majority,and the age range is far beyond that of the conventional four-year school.While these comparisons are true,they are somewhat simplistic.We have students of all ages. Some are traditional college-age students who come straight from high school, and some went directly to work and now want to pursue a college education. Others want to change careers,and come to us to complete courses to help them do so,while others may have raised families and are seeking education and training to enter the job market for the first time.Still others may be retired and simply want to enrich their lives by taking music,art,or other courses of personal interest.We can also differentiate our students in terms of why they chose CCC, how being students here affects their personal lives,and how their personal lives affect their experiences here. Students may enroll here because we have the courses they want,or because we have small classes.Others may be here because they are aware that the quality of our programs and teachers equals that of expensive private colleges.Stili others may be here because it's inexpensive and it's close to home.Why did our students choose CCC,and why do others choose not to come? Most of our students work to support themselves or their families,and many students,including numerous young women have one or more children at home. Many of our students have much more varied backgrounds,more complicated lives,and a wider set of career aspirations than are found in the corresponding classes at Berkeley,SpSU,Stamford,or St.Mary's. Because of some of the factors mentioned above,our students have superior opportunities to learn from each other,particularly about the"real world". Having older students in classes can create a more purposeful and collegial classroom atmosphere,bringing us closer to a genuine"learning community"in which we can all be both students and teachers.An intriguing extension may be the effect that the parents enrolled at CCC can have on small children,very possibly passing on learning to those children at the most critical period in their development. We might also consider the demographics of the faculty,not so much in terms of what we look like,but more fundamentally in terms of professional and life experiences.Many have spent years working outside the narrow trappings of academia and higher education,and can bring practical and generalist perspec- tives along with their degrees and credentials.Overall,the complex demographics of Contra Costa College are important in understanding who our students are and where they come from.But we need also to remember that where they are going matters far more. Demographic and Geographic Factors The dermography of Contra Costa County has strong implications for service delivery provided by all countywide public agencies, including Contra Costa College.Furthermore,distinct geographic features divide Contra Costa County into two de facto service regions:"lest County and the remainder of the county to the east,from Richmond,El Cerrito,El Sobrante,San Pablo,Pinole,Hercules, Rodeo,etc.This separation is just not physical.The West County area has much lower employment rates,lower median incomes,and a greater racial/&Inic mLK of people,and the greatest minority composition.Comparisons being demon- strated in the following sections will refer to the West County region and will be labeled as the service area. Population Contra Costa County had a population of 900,700 as of January 1,1998.The service area(West County)had a population of approximately 215,000,or 24%of the county population for the same date.The Contra Costa County service area comprises the following incorporated and unincorporated cities:Crockett,El Cerrito,El Sobrante,Hercules,Kensington,Pinole,Port Costa,Richmond,Rodeo, and Sart Pablo.While the female-male ratio is almost even in the state,county and service area,the percentage of minorities compared to the state is not,as evi- denced by the chart below. Ethnic Distribution of Population Contra Costa College Service Area Compared to Contra Costa County&Califomia American Indian Asia/Pacific islander 'Black/African American HiapanicIatino White Contra Costa i college .3%a 22.1% 18.4% 13.1% 39.4% Service Area Contra Costa 1.0%d 11.0% 9.0% 13.0016 66.0% County California sr°fn 9.9%n 6.2%n 27.1% M4% Currently,Contra Costa College enrollment is not representative of the state, county,or even the service area.The chart below reveals the discrepancy between service area population and college enrollment trends,If Asian and Filipino categories are totaled together, they fairly well reflect the service area. Slack/ African American and Hispanic enrollment trends actually exceed the service area percentages while White enrollment is less than half of the service area.Of course, there is a fairly large category of unknown persons(11.4%)who may belong to any of these groups. Ethnic Distribution of Student Population Fall Semester 1896 Unknown American Indian � Aman 8l.ktAfrican American Hispanic Filipino White 11.4% .04% 14016 27% 16.6% 80,10 25.6% Another interesting feature of Contra Costa College enrollment is the student gender composition. Referring to the table it is easily seen that female students far outnumber male students. Student Gender Composition 1996 and 1998 19+35 1996 Female 61% 62% Male 39% 38% Contra Costa College Service Area Population Growth 1995 2151000 2004 230,000 Economic f=eatures of the Contra Costa College Service Area Service area median household income is$51,668 with a low of$31,257 in North Richmond and a high of$63,690 in fort Costa.Annual household income is less than$10,000 in 7.8%of the service area.Service area renter occupied housing is 32.7%. Service area mediad home values are substantially lower than in the rest of the San Francisco"Say Area.While California has a median home value of$192,070 (October 1997),the San Francisco Say Area had a median home value of$292,000 and the service area had a median home value of$177,298. Contra Costa County has one of the higher median income levels in the state. However,this is contradicted in the college service area.The West County area tends toward lower median income levels,higher levels of renter occupied housing,lower median home values,and higher numbers of households experi- encing very low incomes.All of these combine to form a service area where the college services are extremely important to the economic and social health of the community. Summary and Implications A review of the Contra Costa Community College service area identifies signifi- cant factors that are considered in this strategic plan • As in most American cities,the economies of communities in West Contra Costa County will depend on opportunities in post-secondary education; with increasing tuition and limited enrollment at the University of California and California State University Campuses,Contra Costa Community College will be an even more attractive opportunity to local residents. • Local industry should be viewed as an opportunity;Contra Costa College should ensure that there is input from business and industry in order to ensure that vocational programs meet today's standards. • Proximity to the University of California,Berkeley,and California State University,Hayward,may result in increased enrollment at Contra Costa College as they turn away more and more under-prepared students. r L • While minority enrollment is high at Contra Costa College,recruitment needs to continue. Furthermore,more programs like PACE and the CSE would help recruit students to programs designed for student success. • White and middle income students are greatly under represented.In advanced math and science courses,African American and Hispanic students are under-represented.The college needs to determine how to attract these students.This may include offering classes at satellite facilities and adding new programs.All high school students need to be aware of the services we provide. • Male students are also under-represented.A recruitment program in high schools may help alleviate this imbalance.Male students must be shown that college is a viable choice after high school. CONTRA COSTA COMMUNITY COLLEGE DISTRICT STRATEGIC DIRECTIONS 1999-2002 The college and district office plans served as the basis for identifying the salient educational initiatives of the entire district.Stakeholders from the community,as well as employees of the district,participated in a series of focus and discussion groups that helped to articulate the following initiatives which the college initia- tives must support. 1. Enhance the academic success and personal growth of students through high quality general, transfer, and occupational, and workforce education. Ensure that student services are designed to be supportive and helpful for students. 2. Continue to hire and retain the highest quality employees to meet the district's evolving needs. 3. Expand the district as an integral force in the economic development of the county. 4. Identify, meet, and promote standards of accountability. 5. Provide opportunities for the pursuit of excellence through improved outreach, articulation, and educational programs and services for local residents. 6. Secure state-of-the-art information technology and technical equipment that supports the district's mission. 7. Promote coordinated planning and administrative practices that meet the higher education service expectations of county residents and maintain the public trust. 8. Provide and maintain a physical environment, including instructional and other equipment, that is clean, attractive, safe,state-of-the-art and conducive to learning. CONTRA COSTA COLLEGE STRATEGIC DIRECTIONS 1999-2002 13 Emerging patterns that have a strong impact on our future include(1) the Chang- ing nature of students and the workforce;(2)competition from other educational providers,and(3)the establishment of accountability measures.The large number of students who are underprepared for the college experience is and will continue to be our greatest challenge.The four strategic directions listed below take these patterns into consideration.They represent the general will of the college commu- nity and were gleaned from the activities conducted at All College Day on January 19,1999 and a"directions"survey completed by college employees.Technology, staff development,and marketing run through the strategic directions and do not have an individual focus,but are part of all we do.Outcome measures for each strategic direction will developed for each objective in response to the need for accountability and institutional effectiveness measures required by our accrediting agency,VATEA,and Partnership for Excellence.Indicated below each college direction is the district strategic initiative,to which the college direction is aligned. 1. Provide instruction that is Innovative and Meets the Needs of Students (Aligns with district initiatives 1-6) Instruction that meets the steeds of students helps them to achieve their educational goals. Objectives: 1.1 Provide training that helps faculty use the latest modes of instruction. 1.2 Increase retention and persistence of all students. 1.3 Develop and improve programs based on the changing educational needs of students and demands of the discipline/job market. 2. develop Comprehensive Services for Success (Aligns with district initiatives 1-6) Strong student support services translate to retention and academic success. Objectives: 2.1 implement a comprehensive orientation and assessment system. 2.2 Provide on-going,comprehensive support to enable students to reach their educational goals. 2.3 Develop a comprehensive and effective basic skills program to move under- prepared students successfully into the college mainstream. 2.4 Streamline services for students to remove redundant processes. 2.3 Provide technical training and support for student services personnel. 3. Increase and optimize Financial Resources (Aligns with district initiative 7) Financial stability is integral to everything we do. Objectives: 3.1 increase external funding(e.g.grants,donations,contracts). 3.2 Reassess and prioritize the college budget. 3.3 increase and maintain FTES. 4. Ensure that the Physical Plant is Safe,Attractive and Weil-Utilized (Aligns with district initiative 8) A well maintained and well used facility increases retention and contributes to student and employee success. Objectives: 4.1 Provide an environment that optimizes the services of custodial,building and grounds,and police services personnel. 4.2 Ensure proper utilization of college space. THE PLANNING PROCESS The college president and the dean of the college will oversee the strategic and operational planning processes,with the president serving in the primary rale. The strategic planning process is cyclical and occurs every three years and is a five-step process:(1)analysis of internal and external environments;(2)review and revising of plan;(3)development of strategic directions;(4)development of an evaluation plan;and(5)assessment of outcomes.Operational planning occurs annually and also has five steps: (1)development of annual plan;(2)implementa- tion of pian;(3)delivery of programs and services;(4)evaluation;and(3)assess- ment of outcomes.For planning purposes, the college is divided into three areas: instruction,student services,and administration.In operational planning,divi- sion leaders,indicated by an asterisk(*)below,will monitor the progress of units under their leadership. Instructional Divisions Assistant Clean of Instruction Business,Social Sciences&Applied Technology Division* Administration of Justice-African American Studies-Automotive Services-Business Administration-Computer Information Systems-Culinary Arts-Early Childhood Education- La Raza Studies-Office Information Systems-Psychology-Refrigeration/Appliance Repair Technology-Social Science-Women's Studies Communications,Arts&Humanities Division* Art-Drama-English-English for International Studies-Foreign Language-journalism-tvf,isx- Philosophy&Humanities-Reading-Speech Instructional Services Division* Counseling-Library Natural&Applied Sciences Division* Biological Sciences-Chemistry-Earth Sciences-Electronics-Engineering-Inspection& Industrial Technologies-..Mathematics-Physical Science-Welding Technology Physical&Health Education Division* Physical Education-Health-Intercollegiate Athletics Allied Health* Dental Assisting-Medical Assisting-Emergency Medical Technology-Radiology Technology-Certified Nus-sing Assistant-Associate Degree Nursing Student Services Assistant mean of Student Services* Admissions&Records Bookstore EOPStCARVCALWORKS/ TANF Financial AidfDSPS Matriculation Police Administration President College Dean* Ass't.Dean of Instruction Ass't.Dean of Economic Development Ass't.Dean of Student Services Technology Services Business Office* Buildings&Grounds-Custodial Academic Senate College Development Public Information CIC,Faculty Development,Student Services Classified Senate Associated Student Union Management Council PLANNING CALENDAR � The following is a List of activities undertaken in the CCC Strategic and opera- tional processes. Date Annual Every 3 Years Responsible Parties August/ t Presentation of college College PresidentDean September annual agenda to individual college divisions 2 implementation of unit All Units plan October Community/Student College Planning Forums Committee November Submit Program Review Identified Units Review annual reports cot"Planning and scan analysis: Committee receive recommendation for strategic directions: begin document development of strategic plan December 1 Parameters established President's Cabinet/ I or budget development College Council 2 FTES projection to district January Submit budget request All Units Identification of strategic College Planning directions Commitlee/College Community March Review budget request and College Council approve budget for upcoming year April t Administration of All Units satisfaction surveys and collection of data for outcome measures 2 Develop annual plan All Units May #.Assessment of outcomes All Units Three year plan President's Cabinet! completed and reviewed College Council 2.Identification of units to by college community Dean complete comprehensive program review in upcoming year 3.Annual progress reports All Units completed and submitted ,o division leader June Approval of three year Governing Board plan July Environmental Scan Coilegs President Cean (Demographic and economic surveys) PROGRAM REVIEW The district's administrative policy 2900.10 requires that each college"develop an internal program review process that at a minimum reviews 20 percent of the curriculum each year in depth."Academic programs at Contra Costa College as well as student services and administrative units will conduct these reviews in the periods indicated in the following chart. Forms are available from division leaders or the"S"drive. Program Review Schedule Biotechnology Electronics La Raza Studies Computer Science Engineering Media Communication Fall 1999 ©ental Assisting FOPS&CARE Reading DSP&S Journalism Welding Technology Administration of Justice Architecture Business(all areas) Admissions and Records Art CalWorks Fall 2000 African American Studies Automotive(BodylMechanies) Foreign Languages Anthropology Biological Sciences Placement Services Chemistry Early Childhood Education History Cosmetology Earth Sciences Liberal Arts Fall 2001 Counseling Economics Matriculation Culinary Arts Financial Aid Mathematics Nursing Physical/Health Educ. Fall 2002 Medical Assisting Office Information Systems Physics Music Outreach Services Re-Entry Services Articulation Psychology Sociology Fall 2003 Multi-Media Technology Real Estate Matriculation Political Sciences refrigeration i I Contra Costa College • Instructional Program Review Form 13 (for five year review) This form is to be used in completing a program review by each departmentlunit in the college every five years.The completed form should be submitted to the division leader by November 30 in the fall term. Program Area Date Department Chair/Administrator Division Chair 1. Provide a general description of your department over the last 3-5 years.Include any changes in curriculum,personnel,facilities,or financial resources,and any other factors that have influenced the department in this time period. II. In the categories listed below,provide data: for the last 5 years. A.Enrollment/Productivity information(Fall only). 1994 1995 1996 1997 1998 Enrollment FTES FIEF FTES/FTEF Number of Majors Number of Transfers Enrollment •Analysis/Conclusions B.Budget Trends 1994-1995 1995-1996 1996-1997 1997-1998 I 1998-1999 Operating Funds Instructional Equipment Grants Student Empioyees (Work Study;Cal .Works;General Fund Cather Total Contra Costa. College • Instructional Program Review Form (page 2) Budget Trends • Analysis/Conclusions C. Scheduling Trends(Fall Only) 1994 1995 1996 1597 1498 Number of Sections Basic Skills Degree Applicable Non Degree Applicable Non Credit CSU Transferable UC&CSU Transferable Semester Long(17+weeks) Short Term(under 17 weeks) M-F Morning(7 a.m.-12 p.m.) M-F Afternoon(12 p.m.-4 p.m.) M-F Late Afternoon(4 p.m.-7 p.m.) M-Th Evening(6 p.m.-9 p.mJ7 p.m-10 p.m.) Weekends:Friday Evening thru Saturday Scheduling Trends •Analysis/Conclusions j Contra Costa College • Instructional Program Review Form (page 3) 13 D. Student Outcome Trends Course Success Fall 1994 Fait 1995 Fall 1996 Course No. Students Retention Success Students Retention Success Students Retention Success Enrolled Rate Rate Enrolled Rate Rate Enrolled Rate Elate 'total Fall 1997 Fail 1998 Course No. Students Retention Success Students Retention Success Enrolled Rate Rate Enrolled Rete Rata Total Students Enrolled:Total number of students enrolled as of census date. Retention Rate:Percent of students retained in courses out of total enrolled in courses.The retention rate is calculated by dividing the numerator(number of students with A,B,C,D,F,CR,NC,1)by the denominator (number of students with A,B,C,D,F,CR,NC,W,1).WX should not be computed. Success:Percent of students successful in courses out of total enrolled in courses.The success rate is ca:cufated by dividing the numerator(number of students with A,B,C,CR)by the denominator(number of students with A, B,C,D,F CR,NC,W,1).WX should not be computed. y Contra Costa College • Instructional Program Review Perm (page 4) Degrees and Certificates Awarded 1994-1995 1995-1996 1996-1997 1997-1998 1996-1999 Degrees Awarded i Certificates Awarded Course Success by Ethnicity (Total for College and All Courses in Program) 1994 1995 1996 1997 1998 African American Coll. Dept Coll. Dept Coit. Dept COIL Rept Call. Dept American Indian Asian Caucasian Filipino Latino Not known All Students Student Employment 1994-1995 1995-1996 1996-1997 1997.1998 1998-1999 Na.Students Employed Student Satisfaction Summarize the results of any collected student client satisfaction data. III. Recommendation of external reviews(Por vocational programs): Summarize any recommendations from advisory committees and other external reviews of the program. IV. Progress Toward Previous Goals: Summarize your progress in achieving previously established departmental goals. V Summary and Implications: Provide a summary of all the preceding information and any trends,observations,and additional comments. Include implications for the department. Contra Costa College • Student Services & Administrative Unit Program Review Form 13 (for five year review) I. Provide a general description of your department over the last 3-5 years. Include any changes in service,personnel, facilities,or financial resources, and any other factors that have influenced the department in this time period. II. In the categories listed below,provide data for the last five years. A.Employee information 1994-1995 1995-1996 1995-1997 1997.1998 1998-1999 FIT Managers F/T Classified PIT Classified Other Employee Information •Analysis/Conclusions B.Budget Trends 1994-1995 1995-1996 1995-1997 1997-1998 1998-1999 Operating Funds Instructional Equipment Grants Student Employees (Work Study;Cal Works;General Fund) Other Total Budget Trends •Analysis/Conclusions Contra Costa College• Student Services &Administrative Unit Program Review Form (Page 2) C.Students/Clients Served 1994-1995 1995-1996 1996-1997 1997-1998 1998-1949 No.Students Served Cosi per Student Served D. Student/Client Satisfaction: Summarize the results of any collected student/client satisfaction data. III.Progress Toward Previous Goals: Summarize your progress in achieving previously established departmental goals. IV. Summary and Implications: Provide a summary of all the preceding information and any trends,observations,and additional comments. Include implications for the department. Contra Costa College • Department Unit Program Annual Plan Form This form is to be completed annually by each unit and submitted to the division leader by May 25 of the spring terra. Listed activities can cover more than one year and must support college initiatives and objectives and program review findings. Do not include activities that cannot be supported by current reality. It is not necessary to focus on all initiatives. Forms can be obtained from your division leader or on the"S"drive. Department/Unit Submitted by Date Academic year covered by plan College initiative addressed College objective addressed Activity , Starting/ending dates Resources needed* Outcome measurement** {financial,human,other units, equipment} If the assistance of individuals outside your unit is needed,get their support before completing this form. *" Give the treasure you will use to determine the success of the activity. ................. Contra Costa College • Department Unit Program Annual Plan Progress Report Form This form is to be completed and submitted annually by each unit to the division leader by May 15 of the spring term. This form can be obtained from the division leader or the"S"drive. Activities Status Describe outcome measure used Completed: Dropped-give reason, In progress-give expected date of completion ........................ ........... ........................ STRATEGIC PLANNING DOCUMENT PARTICIPANTS Long-Term Planning Committee All College Clay Helen Carr "Yvonne Brisard Steve Cohen Sandra Castilla Bernadette Green Susan Lamb Student Forum Team Stuart Lichter Rick Ramos Susan Lamb Barb Ross Rick Ramos Norma Valdez-Jimenez Who We Are Subcommittee Rosa Valdez McKinley Williams Barbara Allcox Michael Anker Document Layout and Design Paul DeBoit John Diestler Media Design Department- Gloria Gideon Judy Klein Flynn Ed Greene Typist Stuart Lichter Rick Ramos Kristel McBride Ellen Smith Demographic Subcommittee Community Members Wilhelmina Abraham Tun Clow Genoveva Calloway Jim Duvall Rosemary Corbin Terence Elliott Karen Leong Fenton Levarett Smith Barbara Ferguson Don Wisher Sheila Grilli Barbara Williams Kesha Harris The Writing Team—Vision/Challenges Maxine KylePaul Lamb Kate Levine Rev.Wayne Mays David Rosenthal David MacDiarmid Barb Ross Cheryl Maier Kalif Muhammed Community Forum Team David Moss Marion Page Helen Carr Linda Rose Melody Hanson Jean Wickliff Barb Ross Loni Williams CONTRA COSTA COLLEGE November 24, 1999 Contra Costa County Cable Consortium C/o Ms. Sue Buske The Buske Group 3001 J Streeet, Suite 2171 Sacramento„ CA 95816 Dear Ms. Buske: As a follow-up to the Cable Communication Planning Workshop in which Frank Hernandez, Barry Benioff and I participated on November 15, 1999, 1 would like to further stress to you and the Consortium the importance of having educational cable channels in Contra Costa County. Contra Costa College has been broadcasting telecourses for the past ten years. This semester we are showing nine telecourses plus one for our sister college, Diablo Valley College. These courses are just as rigorous as other college courses, are for unit credit and, are fully transferable to four-year institutions. As the attached table shows, the last three years we have had 2055 students enrolled in telecourses. Many of these students were part of our PACE program (Program for Adult College Education), which is primarily intended for full-#ime workers who want to return to college to earn a degree. The PACE program is fully integrated with a similar program at California Mate University, Hayward, which also uses television classes to a large degree. Contra Costa College is also using our channel for interactive teleconferences that are primarily aimed at high school students and special populations. In the last three years we have held 35 of these conferences on topics such as AIDS prevention, school-to-career for special education students, obtaining financial aid for college, issues facing immigrants, and teen pregnancy. The conferences allow viewers to call in with questions, and we have even experimented with two- way video conferencing. As the attached summary of recent teleconferences indicates, approximately 300 viewers at six high schools and four community sites, plus a sizeable number of home viewers, participate in these teleconferences. Recently, we have begun showing programs that support concurrent enrollment of high school students in college classes. Our first effort has been in the field of culinary arts, and we will shortly be adding program in the health sciences. And with new wiring that we are installing in our dentistry and nursing laboratories, we will soon be able to teach continuing education courses to health service professionals. 2600 MISSION BELL DRIVE, SRN PA81-0, Cly., 94806 0) 235-7800 ............................------------------..... ----------- ........................_ - Contra Costa County Cable Consortium Page 2 November 24, 1999 Naturally we want to continue providing these services, but we do face a number of challenges: • The franchise by which we obtained the channel in the local cable system will expire in three years. • Several nearby cities such as San Pablo, where the college is located, and Pinole are not included in the local system. • While the county has graciously given us some time on its government access station so we can reach no only the neighboring cities that are not in our system but cities throughout the county, they have expressed a need to reclaim that time for government programming. • The microwave link which allows us to connect to the county-wide system is subject to various types of interference. A fiber optic link would be much more reliable. • Much of our equipment is extremely old, has frequent breakdowns and results in a lower on- air quality than we would like and that cable viewers expect. One way that we have been working to address these challenges is by joining with other educators in the county to explore the possibility of creating a dedicated county-wide educational channel. As indicated in the attached letter from our chancellor, this is a priority for our district, not just our own college. The current refranchising process could greatly help in this effort if it were to secure channels, interconnectivity and equipment for educational programming. Contra Costa College's Strategic Plan 1999-2002, a copy of which we gave to Fred Johnson at the Planning Workshop, states that the college's first goal is to "Provide instruction that is innovative and meets the needs of students." We see educational television as an extremely important part of reaching that goal. Sincerely yours, Helen Carr President HC/mh Attachments: Contra Costa College distance Learning Project Contra Costa College C.A.M.P. Live Teleconferences Letter from Chancellor Spence ! ++ ` 'r1 'C1 'O 'O i E CO C^ L L L L L kA M N w cc in �s Ch rs U o a `� a M a a tC C1 N e o N I M *-E N vs W 'rte 0 0 0 0 WprnWUn i a atn a a c Z E. L CM ,`"., � E w c � s �} � u UID N' N 'o u's wn M cT M C4 .00.d � i o. i t L C! vNC CNG V L C L Rtj W c i r TELEVISION COURSES TV COURSES: COLLEGE AT HOME Periodic class meetings are held on campus. It is essential that you attend the first class meeting in order to receive the cable broadcast information for your course.Enroll in these courses as Contra Costa College will offer 10 telecourses this spring. Most of you would all regular college courses. If you are a California these courses are transferable.The majority of Contra Costa resident,you will pay only$37 in fees for a single,three-unit College's television courses are produced by PBS.guaranteeing class.Spring term classes start January 20, 1999. high quality.They are carried in each cable region in Contra Costa For more information,please call the CCC Distance education County on CCN,the county's cable access channel,as well as on Office at(510)233-2552. KCCC,Contra Costa College's television station. The following courses are offered j"ered for Spring Term 1999. ANTHR 130-99-CULTURAL ANTHROPOLOGY(3/LR) H ED 120-99-EDUCATION FOR HEALTHFUL LIVING (°Faces of Culture's (3/LR) This course embraces cultures from all continents,high- ("Living With Health") lights major lifestyles,and illustrates human adaptation to This course introduces the student to a new broad under- environment from the beginnings of the human species to standing of health,not as the absence of disease,but as an the present(Jim Duvall) . exggrience of well-being or wellness. Major concepts and (Class meetings:8:00.9:00 p.m.in HS-101 on Mondays,.Ian.25,Feb.8, issues pertaining to health will be presented and analyzed. March 8&29,Apdi 19,May 10.) (Torn Kinnard) .BUS 109-99-INTRODUCTION TO BUSINESS(3/SC) (Class meetings:ri: �.In rA-50 on Tuesdays,Jan.28,Feb.16, March 9&30,April 27 27,,May 8 ('The Business Pile") HUMAN 120-99-INTRODUCTION TO HUMANITIES: This course offers a comprehensive overview of essential IMAGINATION INVENTION& CREATIVITY(3/SC) business functions,with emphasis on the American business system. (Ron Weston) ("Humanities Through the Arts"} (Class meetings:6:o0-9:oo p.m.In LA-201 on Mondays,Jan.25,Feb.22, This course provides a study of creative expression in the March 8&29,Apr$19,May 10.) humanities that will expose students to great works of art and invention,with a focus on the process of creating. DRAMA 101-99-THEATRE APPRECIATION(3/SC) (Cynthia Campbell) This is an introductory course in which the student w€Il (Class meetings:6-9 p.m,in B-2 on Mondays,Jan.25,Feb.8,March 1&22, ' April 12&26.) explore fun and exciting aspects of the theatrical experi- ence:acting, singing,film,TV,plays,costumes and make- PHILO 110-99-INTRODUCTION TO PHILOSOPHY: up.(Clay David) ETHICS{3/SC} > , (Class meetings:6:00 -9:00 p.m,in HS-101 on Thursdays,Jan,21,Feb.18, March 11&25,April 22,May 6.) ("Ethics in America") This course demonstrates the uses of philosophy in daily EIS 820N-99-CROSSROADS CAFE A(/) life.Topics Include issues of right and wrong, differing This course is the first half of a distance learning video opinions,sexual ethics,and ethical problems at work. series designed to teach English to non-native speakers at (Mike Anker) the beginning and intermediate levels.(Staff) (Class meetings:6:30-9:30 p.m.In HS-101 on Tuesdays,Feb.2&23,March (Class meetings.10:00 a.m.-1:00 p.m.every Saturday from Feb.20 2&16,April 13&27,May 4&18.) through May 22,In t.-3.) POLSC 125-99-GOVERNMENT OF THE U.S.(3/SC) j GEOG 120-99-PHYSICAL GEOGRAPHY(3/SC) ("Voices in Democracy") CPlanet Earth") U.S.federal,California state and local government will be Study of the physical environment of the earth,including studied using the Constitutions of the United States and the earth in space and map projections,ecological factors, California.(Ted Radke) World climate and weather patterns.(J. Keenan) (class meetings:6:00.9:00 p.r(L in HS-tot an Thursdays,Jan.28,Feb.11, (class meetings: 6:00-9:00 p.m.in A-7 on Mondays,Jan.25,Feb.6&22, March 4&25,April 29,May 20.) March 8&22,April 12&19,May 3,17&24.) GEOG 160-99-WORLD REGIONAL GEOGRAPHY SOCIO 220-99- INTRODUCTION TO SOCIOLOGY(3/LR) (3/SC) (`The Sociological Imagination") This course provides an overview of society today,examin- ing how moraI4 and personality are shaped by the This course provides a study of the world's regions and community,how role-playing and status structures keep realms using the framework of cultural geography.This society working and predictable,and how institutions such geographic view of the world will be divided between the 12 as the family and religion meet important human needs. major geographic realms and the many regions contained (Stacey Allen) within them. (Jim Duvall) (Class meetings:8:00.9:00 p.m.in Hs-io1 on'ruesdays,Jan.26,Feb.16, (Class meetings:1:004:00 p.m.in A-7 on Mondays,Jan.25,Feb.22.March March 9,April 4&20,May 11.) 8&22,April 19,May 17.) CONTRA COSTA COLLEGE C.A.M.P. LINE TELECONFERENCES Sponsored by the Tech-Prep Program, Gender Equity, New Horizons, Challenge, Funds for Students Success, and in collaboration with WCCUSD School to Career Partnership 1998-19!99 1. Sept. 17, 1998 "C.A.M.P. The Road to Success" 2. Oct. 15, 1998 "Culinary Arts: A College Program with Good Taste." 3. Nov. 12, 1998 "Learn How to Become a U.S. Citizen" 4. Dec. 12, 1998 "The Steps To Get Into College" S. Feb. 18, 1999 "How the Financial Aid Process Works" 6. March 11, 1999 "Health and Human Services Careers: Richmond High School Health and Safety Academy" 7. April 15, 1999 "Immigrant Education: Community Models of Meaningful Integration" Culinary Arts Live Two Way Distance Learning Productions 1. March 25, 1999 "Chocolate Art" 2. April 22, 1999 "French Cuisine" 3. May 13, 1449 `Bread Baking and Cake Decorating" An average of six high schools and four community based organizations are organized viewing sites for each of the shows. Between thirty and forty people participate at each high school. An average of 14 people participate at each agency. The cooking shows are very popular with more full classes participating (64 students at each participating high school)and a large home viewing audience that calls even after the show has ended. Some shows like the Immigrant and the Citizenship shows draw a large live audience and greater participation from home viewers. Viewers' calls follow the shows for days. We know that around 300 people watch the shows in our viewing sites. We have not made a significant effort to get the number of people that watches at home. Although it would be important to know,we lack the resources to obtain that information at this - time. T� I yy Governing Board Chancellor David N.Ivlacl)mnrid.Pres:Jen; 4 y! Charles C.sper.ce Kristine I..C hasc. t5�e P,e.iident College z res#dc:tts tit #hart;�# L rec �'r,•rr.r? Comm Costa College Helen Spencer Nnteriao Shc ila A.Or 0.1i Diablo Valley Colicge J#ark G.Ed;:istein join T No1 edly Va t IVq tJ5 to $ucCg55 Los Nledanos Coiiege Raul Rodtiguez May 18, 1999 To the Municipal Cable Coordinators of Contra Costa County c/o Contra Costa Television 10 Douglas Drive Martinez, CA 94553 When the Contra Costa Community College District heard that the county was spearheading an effort to develop a countywide educational television channel, we were very enthusiastic. Our district has been involved in educational television for more than 10 years, and we operate our own cable station from Contra Costa College which reaches several West County cities. While we recently have been able to broadcast to the rest of the county as guests of the county's government channel, we would welcome the opportunity to join with other institutions in the county in having a dedicated educational channel. The CCCCD currently offers 12 different telecourses. These courses can be for anyone, from people who just want to watch outstanding educational programs to people who want to earn a college degree. We have been especially successful with our Program for Adult College Education (PACE) which allows people who work full time to earn an AA degree and transfer to a four-year institution. We also produce a large number of live programs in order to deliver college-level courses to high school students and to give workshops on such topics as school-to-career, financial aid for college, and services to immigrants. And through our "College Profiles" series, we are promoting our colleges and acknowledging the skill and hard work of our employees. As the demand for distance education increases, our district wants to be prepared to meet it. We feel that participating in the Contra Costa Educational Television Consortium promotes that effort, and we fully support its work. Anything you can do to help us reach our goals would be greatly appreciated. Sincerely, Charles C. Spee Chancellor CS:j cc: Helen Carr, Interim President, Contra Costa College Contra Costa Community College District 500 Court Street.Martinez,California 94553 (925)229-1000,ext. 1210 fax(925)370-20t9 cspence@collegesofcc.cc.ca.us www.collegesofec.cc.ca.us San Ramon Valley Unified Schaal District Instructional Technolou Plan 1994-1.999 Prepared by Technology Task Force May, 1994 Technology Task Force Members Spring, 1994 1 of 117 1 15 1)r:t9 1INI Rich Boschetti Principal, Charlotte Wood Barry Isseks Elementary Teacher, Bollinger/Country Club Cheryl Brown Elementary Teacher, John Baldwin Eric Bergh Middle school Teacher, Stone Valley Joan Cunnings Middle school Teacher, Los Cerros Roseann Krane High school 'Teacher, Monte Vista Ken Castleman High school Teacher, San Ramon H.S. Ed Thomas Technology Teaching Assistant Katie Williams Media specialist, Los • Cerros Sean Cook Student, MonteVista High School Jeremy Berholdt Student, San Ramon High school Chad Page Student, California High School Burry and Lyn Rubinson Business community Jon Scott Business community Pat Giberson Business community Jerome Burg Parent Rodney Parent Kugizaki Sue Burroughs Parent Marilyn Technology Project Nicholson Manager Philosophy The electronically driven technologies of the current era - such as computers, interactive multimedia, video, networks, and satellite dishes e .have emerged as significant educational tools. These tools enhance productivity, provide access to information, and influence change in the ways that schools are structured. Technology should not be considered as an end in itself, but as a means to an end - as tools to enable people to pursue the educational process more effectively, more creatively and in new and different ways. Use of modern electronic technology is identified in It's Elementanj, Caught in the Middle, and Second to None as a key ingredient in changing teaching strategies, motivating students, and providing tools for productivity for all students. Goal ......................................................................................................................... Our district desires to put the tools of technology in the hands of every student; and faculty member in order that... they use these tools in the teaching/learning process they have access to information and communication options they use these tools in shaping change in the structure of schools and the process of learning they are prepared to meet the technological needs of learners in the 21st century. Objectives The use of modern electronic tools shall be an integrated part of every curriculum area and technology concerns shall be a continuing agenda item of every active curriculum committee. 3011'17 1113:99=:19PM All students will have access to appropriate technology as tools for learning and personal productivity in all curriculum areas. Students will demonstrate competency in the use of current technologies before graduation. Professional expertise in the district will be sufficient to allow for planning, expansion and implementation of current and new technologies, provide technology services to new schools, and implement a total technology infused curriculum (K-12). All staff will have access to appropriate technology for professional productivity and integration into the teaching/learning process. The district will provide in-service to all staff in order for them to acquire the skills needed to use current and future technologies. Sufficient hardware and current software will be available and maintained for student use on an equitable basis regardless of gender, socioeconomic level, ability level, or performance issues. A basic collection of appropriate software that meets current curriculum needs will be licensed by the district for use on school equipment. Local area networks at each site will be connected to a district wide network that will provide communication links for students and teachers to other schools, the district office, county, regional,national and world-wide information resources. The district will investigate ways to make computer-labs and resources available to staff and students after school hours and on weekends. A Community Outreach Program will be developed that offers parents access to district electronic resources and enrollment in staff development classes. Curriculum Need. • To develop reading, writing, and communication skills appropriate to the grade level. Recommend: Students will • use appropriate language development software to reinforce communication skills. • use word processing and electronic writing resources in the writing process. • use multi-media tools to produce effective communications. Need: • To know and apply the core concepts and principals of each curricular area. Recommend. Students will • use content-specific software to enhance discipline-based learning. • use technology-based tools to gather, integrate, analyze and use information (such as on-line databases, electronic encyclopedias, spreadsheets, student created databases, graphs and charts.) • use electronic discipline-specific tools such as probes and sensors, CAD software, etc. Need: • To think analytically, logically and creatively, and integrate experience and knowledge to form reasoned judgments and solve problems. Recommend: Students will • use technology to solve complex problems in math and science • use information retrieval skills when accessing on-site and on-line databases for curriculum projects. • use technology to create graphic and art projects. Need: • To understand the importance of work, and how effort, performance, and decision-making directly affect future career and educational opportunities. Recommend: Students will • use appropriate, workplace-related electronic tools to complete projects 5 of 17 Need: • To understand the appropriate use of hardware and software including the computer environment. Recommend: Students will • treat equipment and software with care. • observe proper etiquette, ethics, and copyright laws. Need: • To demonstrate competency of basic technology skills before graduation. Recommend: Students will • be evaluated at three levels: fifth, eighth, and tenth grades. Performance objectives determined and reviewed annually by district and site technology coordinators with technology teachers. Personnel and Staff Development Staffing Structure A District Coordinator for Instructional Technology will work cooperatively with administrative technology personnel to further common objectives. Specifically, design and installation of the Wide Area Network will be used by both groups. Needs: • Supervision of the total district technology program for consistency throughout. • Representation of instructional technology needs on facilities planning committees. • Improved articulation between teachers about effective use of technology in teaching strategies. • Continuation of training of teachers and administrators to use technology for management and with students. • Provision for and maintenance of a central clearing/ information/ demonstration source for and about equipment and software with guidelines for purchasing. 6 of 17 • Communication with community and business to raise awareness of district needs and develop collaborative strategies for project development and equipment and funding support. Recommend: • A District Coordinator of Instructional Technology who will supervise consistent program implementation, staffing, purchasing and staff development needs. Responsibilities will include: Implementing the District Technology Plan and coordinating technology district wide. Coordinating the elementary program, working with the district Elementary Computer Technology Coordinator and the Computer Teaching Assistants at each school. Facilitating communications between the intermediate, middle, and high school computer teachers and site coordinators to strengthen common goals and objectives. Administering the District Software Library -preview, purchase, circulate. Planning and delivering staff development classes/workshop related to technology, using mentor teachers when possible. Participating in the planning of new facilities, school technology plans, and special projects to insure the implementation of appropriate technology. Acting as a liaison with the community groups, regional consortium, and state organizations to raise awareness of district's needs/opportunities. Seeking community and business partnerships to promote the technology program through equipment, expertise, and funding support. Communicating funding and support opportunities to site technology coordinators. Needs: • Provide assistance for staff development for teachers, teaching assistants, and classified employees. • Provide assistance for coordinator. • Provide assistance for staff development for teachers, teaching assistants, and classified employees. • Provide assistance for coordinator. 7 of 17 11. 15 99 Recommend: • One 1. FFE Technology Teaching Assistant/Office Support person assigned to thedistrict Technology Resource Center whose responsibilities include: Daily operation of district software library and Technology Resource Center. Personal tutoring and technical assistance to teacher/tech. aides. Assistance with staff development classes. Assistance to the District Coordinator as needed. Needs: • Technical assistance and maintenance of equipment at Resource Center and at each of the school sites. • Implementation, coordination, and maintenance of local area networks at sites. • Planning and implementation of wide area network for district. Recommend: • A full-time Technology Technician who will troubleshoot, maintain, and advise on hardware, software, and networking problems related to instructional technology. Responsibilities will include: Providing technical assistance and maintenance of equipment at Resource Center and at each of the school sites. Consulting with School Technology Coordinators for implementation, coordination, and maintenance of local area networks at sites. Planning and implementing of wide area network for district. Working in concert with district Administrative Computer Technicians, will integrate instructional and administrative networks where applicable. Providing staff development and training for teachers and School Technology Coordinators. Providing assistance for District Coordinator. Needs: • Develop and implement site technology plans consistent with district and state goals. • Provide on-site support and staff development for teachers to use technology in their classrooms. • Insure that all students will be able to effectively use technology in the learning process (in lab and/or classroom). 3 o"117 • Administer local area networks at school sites. .Recommend: • A 1. FTE credentialed teacher to serve as School Technology Coordinator at each high school site. • A .5 FTE credentialed teacher to serve as School Technology Coordinator at each intermediate school site. The School Technology Coordinator's responsibilities would include: Developing and implementing the School Technology Plan. Facilitating communications between teachers to strengthen common goals and objectives. Administering the school software library - preview, purchase, circulate. Scheduling of computer lab for sign-ups. Participating in the planning of new facilities and special projects to insure the implementation and purchase of appropriate technology. Acting as a liaison with the community to raise awareness of district's needs/opportunities and to seek equipment, expertise, and funding support. Providing maintenance of equipment and help teachers with software use in conjunction with district support. Administering local area network and maintain link to wide area network where applicable in conjunction with district support. Developing and administering staff development strategies. Articulating with District Coordinator. .reeds: • Implement and coordinate the District Technology Plan at the elementary level. • Provide on-site support for teachers to use technology in their classrooms. • Insure that all students will be able to effectively use technology in the learning process (in lab and/or classroom). • Administer local area networks at school sites. Recommend: • A 1. FTE credentialed teacher to serve as Elementary Technology Coordinator for all the elementary schools. 9 o'17 i 1 15 99`:19 i''.1 The School Technology Coordinator's responsibilities would include: Coordinating and implementing the District Technology Plan. Facilitating communications between teachers to strengthen common goals and objectives. Participating in the planning of new facilities, school plans, and special projects to insure the implementation and purchase of appropriate technology. Acting as a liaison with the community to raise awareness of district's needs/opportunities and to seek equipment, expertise, and funding support. Providing maintenance of equipment and help teachers with software use in conjunction with district support. Administering local area network and maintain link to wide area network where ` applicable in conjunction with district support. Developing and administer staff development strategies. Articulating with District Coordinator. A part-time classified Computer Technology Teaching Assistant at each elementary site. At the elementary school, the time allocation for the Technology Teaching Assistant should be 2 hours per 1-6 grade class (up to maximum of 35 hours weekly;. A Computer Technology Teaching Assistant Responsibilities include: Providing resource and technical assistance to teachers. Facilitating on-going use of appropriate software, and specific curriculum skills to students, grades K-6. Facilitating communications between teachers to strengthen common goals/objectives. Administering the school software library. Scheduling of computer lab for sign-ups. Providing maintenance of equipment and help teachers with software use in conjunction with district support. Developing and administer staff development strategies. Articulating with Elementary Coordinator. Needs: + Teachers and staff must acquire and develop skills to use current and future technologies. Recommend: • The district will support and fund on-going technology staff development through the Technology Resource Center. • The district will continue to allow professional growth credit for teachers participating in technology staff development programs beyond the school day. • The district technology support staff will assess needs and provide formal and informal technology staff development programs. • The district will identify at least one of the district staff development days be dedicated to technology information and hands-on training if possible. + • Each site will use one faculty meeting each quarter to update teachers on new technology resources at their site. • The district will design an incentive program to encourage teachers to learn and improve technology skills. • The site technology resource person will give informal individual and small group instruction to their own teachers and needed. • Middle and High School Technology Coordinators will identify and develop student trainers to assist in staff development and peer tutoring. Hardware/Software See Appendix C for hardware configurations Needs: • District wide area network for interschool communication access to remote on-line resources • Networked school sites for intradistrict communication and resource sharing cost effective and efficient software distribution access to remote on-line resources • Classrooms that have network connections for access to licensed software telecommunication use of mobile labs Recommend: • Establish a district wide network (WAN) as proposed in the Net7vc7rk Infrastructure Planning Guidelines .' • Establish site based networks (LAIC') that will be connected to the EVAN and provide file, print, and telecommunications services. • The Network hifratstructure Planning Guidelines will be used when building new sites or remodeling facilities. All new classrooms will be wired for computers and networking. • Existing classrooms will be wired to conform to the same standard. Needs: Appropriate and equipment for classroom teacher use for personal productivity and to fully integrate technology into their curriculum. Recommend: • Each class room teacher will have: Telephone access TV/Monitor VCR Networked computer and printer Access to presentation and multimedia capability Needs: • Appropriate facilities and equipment for all students to have access to technology tools for learning. Recommend: • Labs with networked computers and printers for open access and/or structured classes. • Classrooms with student work stations as needed • Media center/library Hardware requirements may vary between schools levels. Using the following recommended models each school will equip their site. Elementary school o teacher work stations in each classroom stationary computer lab classrooms with 2-6 student work stations portable multi-media workstations appropriately equipped Media Center (phase 1) Middle School teacher work stations in each classroom stationary lab for computer- based elective classes stationary or mobile lab for open access classrooms with student workstations and/or a mobile mini-lab shared between rooms portable multi-media workstations fully equipped Media Center (phase 11) High Schools teacher work stations as needed classrooms or departments several stationary labs for computer-based elective classes stationary or mobile mini-labs for open access classrooms with student work stations as needed portable multi-media workstations fully equipped Media Center (phase H) See Appendix C for recommended equipment configurations Needs: • Guidelines for new equipment purchase. • District/site guidelines for acceptance of used equipment. • An upgrade plan to help keep equipment current. Recommend: • New Computer Systems will use the Macintosh OS or Windows, depending on staff preferences. + Donated hardware must be either in operating condition, or usable for spare parts sourcing. hardware that is other than the standardized systems will be evaluate by the Technology Coordinator to determine if there is a need within the District for the hardware. Obsolete and/or incompatible equipment will not normally be accepted. + Prepare an biannual assessment by site indicating age, condition, proper installation and usefulness of equipment at each site. • Establish continued funding for repair/maintenance and build a reserve fund for replacement equipment Needs: • Access to current printed or on-line software reviews. • Access to current software for reviewing • Core collection of basic software for each school site. • District policy for acceptance of used software. Recommend: • The District will maintain a collection of exemplary applications appropriate to grade level or curricular area for staff preview. The District will provide staff with guidance and access to software evaluations, etc. Each site will have a Technology committee that will assis staff in selection of specific software applications and purchases. • All teacher workshtations at a site be equipped with the same basic set of software. • The district will negotiate and fund district-wide licenses for a basic soft'=are collection. • Software donated to the district or to individual schools must include the original disks and not be "back-up" copies. Needs: • Protection of equipment from vandalism and theft. • Protection of software on hard drives from theft. • Protection from computer viruses. • Provide security (password protection) for sensitive information. Recommend: • The district will provide and install security devices and/or alarms. • Security and virus protection software will be provided to prevent software theft, virus infection and unauthorized access to sensitive information. • The district will provide for replacement insurance coverage of all locked down equipment. • The district/site will aggressively pursue reimbursement and replacement by parents for equipment willfully damaged by students. Needs: • Areas where technology is used configured and managed in a way that provides a safe working environment Recommend: • The district will provide and install earthquake devices to all sites. • Wiring, location of outlets and networking cables will be properly installed. • All walkways will be free of floor level wiring and exposed wiring will be retrofitted with conduits or similar systems. • Staff development in-services will address issues of health and physical safety. Site Technolo,c;y Committee 14 of . The Technology Committee at each school site should be formed that will include parents, teachers, site administrator, and students at the high school level. The district Technology Coordinator will be an ex-officio member. This committee will guide their school as it further implements technology. Needs: • Identification of local technology needs in hardware, software, staff development and curriculum integration Recommend: • Assess use of technology at site. Survey staff as to their equipment, curriculum and staff development needs. • Encourage small groups of grade level or curriculum area teachers to develop teaching units/lessons that incorporate appropriate technology. Needs: • Site Technology Use Plan Recommend: • Develop a Technology Use Pian (TUP) that reflects the unique needs of a school site and will conform to the district Instructional Technology Plan. Include. A goal or vision for individual school Concrete objectives that address the needs of students and staff Identification of hardware and software components that will meet objectives Staff development component Cost analysis of hardware, software, staff development Time line for implementation • Oversee the implementation of TUP. Needs: • Funding for technology Recommendation: • Identify funding sources. • Development business/industry alliance through Adopt-a-School etc. • Secure parent support. • 'Write grants if necessary. 15 1.17 1 15.qg Phone line 2-6 networked computer stations Multimedia computer work station with video digitizing capabilities Presentation/Projection device Multiple CD ROM capabilities Laser Printer Copy Machine TV cable drop, TV monitor and VCR Video and ddigital cameras Scanner 10 terminals for OPAC (online public access catalog) Dedicated work station for electronic circulation NII (Network Information Infrastructure) -INTERNET Access 17 of 17 Page 1 of 1 From: Dragovich, Peter <peter@a ci.con cord.ca.us> To: Sue Buske (E-mail) <tbg{�`a buskegroup.com> Date: Wednesday, April 12, 2000 2:56 PM Subject: City of Concord Survey <<FinalReport320-11 ORF 1.doc>> Sue: Annually for the past three years the City has hired a professional survey company (Fairbanks, Maslin, Maullin & Assoc) to conduct an extensive random digit dialing telephone survey of 600 Concord residents. This year, as in the two years before, "Regulation of Cable Television Service" received abysmally low satisfaction rating from Concord residents, reflecting widespread dissatisfaction with AT&T. See page 17, Section 4.1 Table and text. This year I added a question relating to PEG programming. The City's Police Department produces two times a month a live call-in show featuring a different neighborhood in each show together with crime prevention information, etc. There are several questions in the survey regarding StreetSmart. The question l added, was one following the StreetSmart questions, which asked if Concord residents were interested in seeing more local program of that nature, the question was, "The City of Concord is considering creating similar television programs for Channel 25 that would highlight a variety of different city services, and y show stories of local community interest. How interested would you be in watching these types of programs: very interested, somewhat interested, or not too interested?" As you will see on page 29 and Figure 13, 76% of Concord residents responded "very" or"somewhat" interested! The above two findings are statistically valid for the entire Concord population. I believe this information will be a valuable addition to our needs assessment. Peter Dragovich Assistant to the City Manager City of Concord 04/13/2000 SUMMARY OF MAJOR FINDINGS The 2000 City of Concord residents' satisfaction survey shows that Concord residents remain pleased with the quality of life in their city and the services they receive from City government. Residents continue to give high marks to City employees for their efficiency in the use of public funds, and are pleased with the performance of the City employees with whom they have had personal contact. The following items stand out among the survey's specific findings: • 80 % of residents rate quality of life in Concord as either "excellent" or"good," a 4% increase over the prior year. Only 2% rate it as "poor." Satisfaction with the quality of life tends to increase with age and income. (Section 1.1) • Three-quarters of Concord residents label the quality of City services as "good" or excellent,"and just one percent rate quality as "poor." (Section 3.1) • 94% of the City's residents are "satisfied," "very satisfied," or "extremely satisfied" with City services. The "very satisfied" group grew by 7% this year. (Section 3.2) • Concord residents rank safety, both in neighborhoods and downtown, as the most important quality they want in a city. The importance of other city characteristics or features tested in the survey generally did not vary from last year's results. (Sections 1.2, 1.3 and 4.2) • When asked to express their satisfaction with a variety of characteristics of life in Concord, residents give the highest ratings to the availability and maintenance of public parks, the selection of shopping and retail stores, safety while shopping in downtown Concord, being able to know one's neighborhoods, and the availability of public library services. The increase in satisfaction with neighborhood safety is particularly noteworthy, given the high importance that residents place on this issue. (Section 1.2) While crime remains the most important concern that Concord residents see facing the City, concern with crime has declined significantly while concerns about education, traffic flow, and particularly the availability of affordable housing are increasing. (Section 1.3) • The City's redevelopment efforts appear to be bearing fruit as residents continue to offer positive evaluations of downtown as a place for shopping and entertainment. Three out of four residents agreed Downtown is an attractive and exciting place. Satisfaction with the safety and cleanliness of Downtown remained high as in previous years. The availability of parking downtown also appears to be declining in importance as a concern for Concord residents. (Sections 2.1 and 2.2) When asked to name the most important thing that Concord's City government could do to improve city services, the largest pluralities mentioned actions to reduce traffic. The proportion of respondents recommending that the City communicate more and involve them in civic affairs increased. Significantly fewer respondents called for actions to reduce crime than was the case in previous years. (Section 4.2) Report of`Findings, City of Concord 2000 Residents'Satisfaction Survey 2 Februaq 29—March S, 2000 • Three out of four residents give City employees high marks for their job performance. 90% of the residents that have interacted with a City employee said they were courteous and pleasant to deal with. This is up from 77% in 1998. Clearly, an increasing number of residents are favorably impressed by City employees with whom they have had a contact. (Section 5.1) • As was the case in previous years, at least two-thirds of those offering an opinion say that each of several groups of City employees is efficient in its use of taxpayer money. This finding suggests that residents believe they are getting their money's worth from City government. (Section 5.2) + As was the case in 1999, just less than half of Concord residents reported that they had had contact with a police officer in the previous year. Four out of five of these residents found the officer or officers with whom they dealt to be courteous and pleasant. (Section 6.1) • his year's survey results indicate the Concord Police Department is as highly regarded as it was in the prior two years. The number of respondents that mentioned crime as an important issue declined this year, reflecting a belief that the police are doing their jab well. Respondents expressed a belief that the Department is concerned about the public's welfare and treats people fairly regardless of race, ethnicity, gender or sexual orientation. (Section 6.1) 95% of residents surveyed feel the Police Department is effective in curbing local crime. (Section 6.1) • 94% of residents rated community policing in Concord favorably, up from 83% the prior year. (Section 6.2) • Concord residents remain largely unaware of most of the Police Department's community programs; but those who are aware of these programs continue to view them very favorably. (Section 6.2) • About one in four Concord residents reports having seen "Street Smart," the Concord Police Department's crime prevention television show. Whether or not they have - seen the program, three-quarters of residents judge it to be an "effective" way of teaching people to prevent crime. (Section 6.3) • When asked to offer suggestions for improving the Concord Police Department, a clear plurality of residents offered responses focusing on improving community relations. Thirty-three percent of respondents offered suggestions in this vein,such as "interacting more with the community" and "going to more community meetings." (Section 6.4) About three-quarters of Concord residents are familiar with messages and pictures stenciled on curbs that discourage dumping in storm drains. Smaller proportions have heard the phrase"only rain down the storm drain." (Section 7.1) Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 3 February 29—March 5, 2000 • While at least two in five Concord residents say they have participated in City programs to dispose of used motor oil and household wastes, only about one in six have participated in the home composting or"grass-cycling„ programs. (Section 7.2) Conclusion The most general conclusion that may be drawn from this data is that Concord residents are extremely satisfied with the performance of their local government. They continue to be satisfied with every major service provided by the City. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 4 Februaty 29-v March S, 2000 INTRODUCTION To complete the 2000 Concord residents' satisfaction survey, Fairbank, Maslin, Maullin & Associates (FMM&A) conducted telephone interviews with 600 randomly selected Concord residents over the age of 18. The survey took place between February 29 and March 5, 2000, and it repeated certain baseline questions that were included in similar surveys of Concord residents conducted by FMM&A in February 1998 and February 1999. In addition, certain new questions were added to this year's survey to explore awareness of the City's crime prevention television show and a variety of its pollution prevention programs. The margin of error for the survey sample as a whole is plus or minus four percent, for smaller subgroups of the sample, the margin of error is larger. For example, statistics reporting the opinions and attitudes of Latinos, who make up 16 percent of the sample, have a margin of error of plus or minus ten percent. Thus for this and other population groupings of similar or even smaller size, interpretation of the survey's findings are more suggestive rather than definitive and should be treated with a certain caution. This report discusses and analyzes the survey's principal findings, and examines changes in survey results over the last three years. Following the summary of findings,the report - is divided into eight parts. • Part 1 examines Concord residents' general attitudes toward the City, and their perceptions of the quality of life in Concord. • Part 2 looks specifically at Concord residents' attitudes toward the downtown area, particularly in terms of safety, parking, and recent redevelopment efforts. • Part 3 describes residents' general evaluation of the services provided by Concord City government. It also compares citizen satisfaction with the services of a variety of local and regional governmental agencies that provide services to Concord residents, including the City of Concord, Contra Costa County and BART. • Part 4 contains more detailed evaluations of specific city services. • Part 5 looks at the level of resident contact with City employees and residents' impressions of the efficiency, effectiveness and helpfulness of employees in various departments. • Part 6 focuses specifically on the Concord Police Department (CPD). It analyzes residents' awareness of a variety of Police Department programs and facilities, including"Street Smart,"the Police Department's crime prevention TV show. • Part 7 briefly reviews Concord residents' awareness of a variety of the City's pollution prevention programs. • Part 8 concludes the report with discussion of three additional areas: 1) basic demographic characteristics of Concord residents as seen through the survey, 2) the civic engagement of Concord residents, as expressed by their participation and interest in City government and City elections, and 3) residents' perceptions of information they receive from City government. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 5 February 29—March S, 2000 PART 1. THE QUALITY OF LIFE AND MAJOR ISSUES IN CONCORD 1.1 Quality of Life in Concord By and large, Concord residents remain very satisfied with the quality of life in the city. Eighty percent of Concord residents rated it as "excellent" or "good," a four percent increase from the prior year (Figure 1). As in last year's survey, residents with a positive view of life in Concord are more likely to be older, better educated and enjoy upper-middle class economic circumstances. Figure 1: Residents' Evaluation of the Quality of Life in Concord, 1998-2000 1% Excellent 13°! 1�% 66% Good 63% IWO 67% E 19% Just Fair 20% 17% 4% Poor 4% }( 2%a 0%n 10% 20% 30% 40% 50% 60% 70% $0% =1998 01999 02000 As has been the case in previous years, positive feelings about the general quality of life in Concord are strongly related to positive feelings about specijic aspects of City government and services. Roughly nine out of ten residents who find the quality of Concord's city services to be "good" or "excellent" also say that their quality of life is good or excellent. About one in every four residents believes that the quality of life in Concord is either "fair" or "poor." As in previous years, those who feel this way tend to have lower levels of income and education than do those residents who feel more positively about the quality of life in Concord. Those with household incomes under $30,000 per year in particular are less satisfied with their quality of life than are higher-income residents. Last year's survey indicated that 34 percent of Latinos rated the quality of life in Concord as "fair" or "poor." This year's results suggest that Latinos' concerns have moderated somewhat; while Latinos are still far more likely than non-Latinos to view the quality of life in Concord negatively (29 percent versus 19 percent), they are somewhat less likely to express dissatisfaction than they were last year. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 6 February 29--March S, 2000 In addition, as noted in each of our previous reports, the fact that a few segments of the population express slightly heightened levels of dissatisfaction with the quality of life in Concord should not distract from the fact that the vast majority of Concord residents are happy with the quality of life in their communities. Sizable majorities of v v major demographic group (in fact, two-thirds majorities in most cases) rate the quality of life in the City as"good"or"excellent." 1.2 Satisfaction with Particular Aspects of Life in Concord To evaluate resident impressions of particular aspects of life in Concord, respondents were given a list of twenty-one different items that pertain to city life, ranging from cultural activities to public safety services. Respondents were asked to rate each item on a 1 to 10 scale in term of its importance "in making a city a good place to live" and in terms of how satisfied they were personally with those items in the City of Concord. A rating of one was the lowest and a rating of ten was the highest in each category. Table 1 shows changes in the "importance" scores over the past three years. As was the case with last year's survey, the year-to-year changes in the importance scores are relatively trivial. There have been few significant changes in either the absolute or relative rankings of the various items on list. As was the case in each of the previous surveys, Concord residents rate safety-related issues as most the important qualities they seek in a city: the tap three items were "safe neighborhoods," "having the city's downtown be safe and clean," and"feeling safe while you're shopping downtown." A few aspects of Concord life have declined in their importance to Concord residents over the past few years: "having a goad selection of movie theaters" has dropped by six- tenths of a point since 1998, and "having parks and recreational programs for young people and adults" and "a variety of cultural activities and events" each dropped by four- tenths of a point over the same period. These findings suggest that Concord residents are placing somewhat less of a priority on the recreational and entertainment opportunities available in the city. There was also a six-tenths of a point decline in the importance rating of"the availability of parking downtown." Given residents' increasing concern about traffic flow through the city (discussed in more detail in the following section), the decline in the importance of parking downtown may be an indication that residents are increasingly choosing to use alternative means of transportation to reach the downtown area. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 7 February 29-March 5,2000 Table I -Change in Mean'Scores for Desired City FeAturesAmongThose Expressing an Opinion, 1998 tbrough 2000 10 Items Listed 1998 1999 2000 Difference Safe neighborhoods 9.1 8.8 8.9 -0.2 s --- Having the city's downtown be safe and clean 8.8 8.7 8.6 -0.2 Feeling safe while you are shopping i 8.7 8.4 8.5 -0.2 downtown Clean,well maintained streets without 8.6 8.4 8.5 -0.1 potholes i Having well maintained public parks 8.7 8.5 8.4 ( -0.3 A highly rated public school system 8.7 8.3 8.4 ' -0.3 A full service public library system 8.6 8.4 8.3 -0.3 Having parks and recreation programs for 8.6 8.5 ! 8.2 -0.4 I young people and adults Having a goad local and regional public 8.2 8.3 8.2 0 transportation system s Efficient city government services 8.4 8.1 8.2 -0.2 Well kept neighborhoods 8.3 7.9 8.1 -0.2 Being able to know your neighbors 7.8 7.8 8.0 x-0.2 Good job availability in the local area 8.1 7.7 1 8.0 -0.1 Having a senior citizen's recreation center 8.2 8.3 7.9 -0.3 Good traffic flow through the city 8.2 7.9 j 7.9 -0.3 Citizen involvement in the community 7.6 7.3 7.6 0 4 Sense of community 7.8 73 7.4 -0.4 The availability of parking downtown 7.8 7.8 7.2 -0.6 A wide range of shopping and retail stores 7.3 7.4 =7.2 -0.1 A variety of cultural activities and events i 7.6 7.1 E 7.2 -0.4 Having a good selection of movie theaters 6.5 6.7 5.9 -0.6 � I Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 8 February 29—March S, 2000 The most important observation to make about this data, however, is that Concord residents are remarkably consistent in their priorities for urban living. First and foremost, they would like to be sure that their neighborhoods and the city's downtown are safe. Then, they would like to have well-maintained basic infrastructure (such as parks, streets, and the public transportation system) and a high-quality array of basic services (including schools, libraries, and recreation programs). More abstract quality-of-life concerns like the "sense of community„ and "being able to know your neighbors" are clearly of secondary importance. Having asked Concord residents to rate the importance of these various items, the logical next step is to ask them to indicate their satisfaction with each item. '.gable 2 presents mean satisfaction scores for each of these items, again on a ten-point scale where one represents "not at all satisfied" and ten represents "extremely satisfied." Over the past three years, not one factor has failed to obtain a mean score indicating that a substantial majority of local residents were satisfied with each feature of life in Concord. Residents continue to express the greatest satisfaction with aspects of the city's commercial life, like movie theaters, shopping, and safety while shopping downtown. Parks, libraries and recreation programs also win praise from area residents. As was the Case with the importance ratings, the data show few significant changes from previous years. Satisfaction mean scores dropped slightly in regard to the local public school system and the selection of shopping and retail stores. There has been a substantial drop in satisfaction with the availability of local movie theaters; this decline may be indicate that some residents are dissatisfied that additional movie theaters have not emerged since the Brenden complex opened a few years ago. Scores have increased modestly over the last three years for the availability of public library services, the city's park and recreation programs, and neighborhood safety. The increase in satisfaction with neighborhood safety is particularly noteworthy, given the high importance that Concord residents place on that particular concern. SatisfactionTable 2 Change in Mean Scores for fOpinion, 1998 through 2000 ! ! Items Listed 1998 1999 2000 Difference The availability and maintenance of public parks 7.5 7.3 7.5 0 The selection of shopping and retail stores 7.7 7.7 7.2 i -0.5 ! The availability of local movie theaters 8.0 7.7 7.1 -0.9 ! ! Safety while shopping in downtown Concord 7.3 7.3 7.1 -0.2 Being able to knew your neighbors 6.9 6.9 7.1 +0.2 The availability of public library services 6.7 6.8 7.1 +0.4 The City's park and recreation programs for E young people and adults 6.7 6.8 7.0 +0.3 i Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 9 February 29-March 5, 2000 Table 2(Continued) Change in Mean Scores for Satisfaction With Cit 'Features Among Those �1"8 through1 1 , Satisfaction '1 1 Neighborhood safety 6.7 6.7 7.0 _ +0.3 The safety and cleanliness of downtown Concord 7.0 7.0 6.9 -0.1 Street maintenance and cleanliness 6.6 6.9 6.9 +0.3 t The availability of local and regional public transportation 6.8 7.2 6.7 1 -0.1 The City's senior citizen's recreation center 6.8 6.7 6.7 41 The efficiency of city government services 6.7 6.8 1 6.5 -0.2 Neighborhood upkeep 6.5 6.6 6.3 42 Local cultural activities and events 6.3 6.3 6.3 0 Job availability in the local area 6.3 6.3 e 6.2 -0.1 Sense of community 6.2 6.2 6.0 -0.2 The availability of parking downtown 6.2 6.3 5.9 -0.3 Citizen involvement in the community 5.9 6.1 5.9 0 i The local public school system 1 6.1 6.0 '' 5.7 3 -0.4 � Traffic flow through the city 5.2 5.2 5,2 0 1.3 Issue Concerns As in 1998 and 1999, this year's survey respondents were asked, unprompted, to name the most serious issue that they would like to Concord's city government to address. (See Figure 2 below.) As in previous years, concerns that fell into the general categories of crime and traffic congestion, in that order, were the most-frequently offered responses. As in the two previous surveys, crime-related concerns (including drugs and gangs) were mentioned by more respondents than named any other individual problem area. However, the proportion naming crime as the top concern dropped significantly from the past few years: while one in three respondents mentioned crime in each of the last two years,just one in four respondents did so in this year's survey. While crime is declining as a concern for area residents, traffic congestion is being increasingly perceived as a problem that needs to be addressed. The proportion of respondents naming concerns related to traffic flow has steadily increased over the last three years, from 13 percent in 1998 to 16 percent in 1999 to 20 percent in 2000. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 10 February 29-March 5, 2000 Concern about traffic flow appears to be concentrated among older residents (particularly those over 65), homeowners, and residents at the high levels of income and education. If concern over traffic continues to escalate, it may well overtake crime as the most pressing problem perceived by Concord residents. At the same time, there is reason to believe that those residents who are concerned about crime feel their concerns more intensely than those who are concerned about traffic flow. Among those respondents who rate the quality of life in Concord as "fair" or "poor," fully 35 percent cite crime as the city's most pressing problem. Just twelve percent, on the other hand, see transportation related concerns as the city's most serious problem. Even education is cited by more of these respondents (18 percent) as the city's most pressing problem. This finding suggests that while public concent about crime may be decreasing in absolute terms, crime-related issues may still play the most significant role concerning Concord's quality of life. Figure 2: The Most Serious Issue Facing City Government, 1998 through 2000 32% Community safety Issues 1 32% 25% 13% I Traffic flaw/public transportation 16 1 20°fo 1 � 110 I Education/public schools 15% I 160 ! 1431% I I i Streets/sidewalks 1 ! ! 6'. I I I 3% I I I Affordable Housing 4°f6%E I I 1 I ! 3% Homelessness 5% 41% 0% 10% 20% 30% 40% 50% ®1998 01999 132000 Respondents were also presented with a list of issues and concerns facing the city, and were asked to rate each as an "extremely serious problem," a "very serious problem," a "not too serious problem" or "not at all a problem." The results are shown in Figure 3 below. Not surprisingly, concerns about traffic flow and about gangs and juvenile violence remain near the top of the list. The concern which was most frequently labeled an "extremely„ or"very" serious problem, however, was"a lack of affordable housing." This finding is somewhat surprising, given that in 1998 just 17 percent of respondents labeled it an "extremely serious problem," with just 19 percent doing so in 1999. The finding is also somewhat unexpected given that just six percent of those interviewed mentioned concerns relating to housing affordability when asked unprompted to name the Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 1 February 29—March S, 2000 biggest problems facing the city (as shown in Figure 2 above). These findings suggests that while affordable housing is not a "top-of-mind" concern, there are increasing numbers of respondents who, upon reflection, perceive it as an increasingly serious problem in Concord. The increasing concern with the cost and availability of housing in Concord probably reflects the generally tight housing market throughout the Bay Area. Those most likely to see a lack of affordable housing as a problem include Latinos, homemakers, and residents under age 30. Not surprisingly, concern with the lack of affordable housing also declines with household income. Seventy-six percent of those with household incomes under $30,000 per year see the lack of such housing as at least a "very„ serious problem, compared to just 51 percent of those with annual household incomes over $60,000. Figure 3: Evaluations of the Seriousness of Problems Facing Concord Residents Lack of affordable housing , e% Traffic flow Gangsljuven€le violence 7% Growth/development M Taxes for city services 11% Raciallethn€c tensions 8% City government Inefficiency 22% Unemployment14% Quality of city services 6% 0%% 20%% 40%% 60%% 80%% 100%% In Ext serious Problem 0 Very Serious Problem 0 Not Too Much of a Problem 0 Not a Problem at All C3 No Opinion i Outside of gangs, traffic congestion, and the cost of housing, there was no problem which a majority of respondents labeled as "extremely" or "very„ serious. This continues a trend also observed in the previous two years; relatively few Concord residents show much concern with growth, taxes, racial tensions, government inefficiency, unemployment, or the quality of city services. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 12 February 29—March S,2000 .FART 2: PUBLIC ASSESSMENT OF DOWNTOWN CONCORD 2.1 General Feelings about Downtown Concord The City's redevelopment efforts in downtown Concord appear to be bearing some fruit, as Concord residents continue to Gaffer generally positive evaluations of downtown Concord as a place for shopping and entertainment. When asked whether or not they agreed that downtown Concord is an "attractive, exciting place" (Figure 4), three out of four respondents agreed. This roughly equaled the proportion that agreed with the statement in 1999, and exceeded the proportion that agreed in 1998. As in previous years, those who most appreciate downtown include Latinos, and residents with lower incomes or educational attainment. Seniors are somewhat less enthusiastic about downtown than they have been in previous years, while residents under age 50 are especially likely to have positive views of the area. While Concord residents view the downtown area positively, their feelings on the issue are not strong. Of those who said they agreed with the statement about downtown, just one out of three offered unqualified agreement, while two-thirds said they "somewhat agree" with the statement. In addition, while the proportion of residents who "strongly agree" with'the statement has remained constant since last year, the proportion who "strongly disagree"has nearly doubled, from six percent to eleven percent. Figure 4. Agree or Disagree: "Downtown Concord is an attractive, exciting place to visit because of its mix of shopping, restaurants and services." 1998 through 2000 Strongly Agree 26% { 26% I I 48% Somewhat Agree 49% 48% Somewhat Disagree 16%! i 130% 1 9% I I Strongly Disagree 6% I I 0% 20% 40% 60% 10158'01999 M 2000 2.2 .Evaluations of Downtown Safety, Redevelopment and Parking In spite of the generally high marks given to the condition of the downtown area, downtown redevelopment is viewed somewhat less favorably than it has been by Concord residents in previous years. In 1999, the City's redevelopment program was near the top of the list in terms of residents' satisfaction with City government activities and services. However, as shown in Table 3 in Section 4.1, it rates closer to the middle Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 13 February 29—March S, 2000 of the pack in this year's survey. Nevertheless, satisfaction with redevelopment remains high. On a scale of one to ten, Concord residents assign a mean satisfaction score of 6.8 to downtown redevelopment, indicating widespread satisfaction with the program. As illustrated by Table 1 in Section 1.2, Concord residents continue to place a very high priority on feeling safe in the downtown area.. Of the 21 items whose importance respondents were asked to rate, "having the city's downtown be safe and clean" and "feeling safe while you are shopping downtown" were ranked in the top three. Concord residents feel that the City is doing a good job of addressing these concerns; satisfaction with "safety while shopping downtown" received the fourth-highest mean score of all the aspects of life in Concord that were tested. Satisfaction with "the safety and cleanliness of downtown Concord"also remained as high as it has in previous years. On the other band, the availability of parking downtown remains one of the least satisfying aspects of life in Concord, according to survey respondents. At the same time, the importance of such parking has declined dramatically over the course of the last year. Concerns about the availability of parking may have led some residents to travel to the downtown area less, thus making them less likely to view the availability of such parking as important. Alternatively, the lack of parking may have led residents to seek out ways of traveling downtown other than driving. Report of findings, City of Corcord 2400 Residents`Satisfaction Survey 14 February 29--March.5, 2000 PART 3: PUBLIC ASSESSMENT OF CITY GOVERNMENT AND CITY SERVICES 3.1 Overall Rating of the Quality of Concord's City Services Concord residents remain quite pleased with the services provided by City government. Three-quarters of area residents rate the quality of Concord's city services as "excellent" or "good," a proportion that is not significantly different from the similarly positive results obtained in 1998 and 1999. (See Figure 5 below.) Seniors and residents that make over $60,000 or have at least a college degree are particularly pleased with the City's service quality. As was the case in 1998 and 1999,just one in four Concord residents characterizes these services as either "fair" or "poor." Latinos, residents under the age of 30, renters, and those making less than $20,000 per year are somewhat more likely than other residents to rate city services as only "fair or poor." As was the case last year, the concerns of these residents seem to differ mainly in degree, rather than substance, from the concerns of the rest of Concord's population. These residents direct their unhappiness at the same programs that draw relatively low ratings from other Concord residents: low-income housing, cable TV regulation, and the repair of broken sidewalks and potholes. Figure 5: Service Quality and Satisfaction with Concord City Services 1998 through 2000 Overall Evaluation of the Quality of Services 1i% Excellent 13% ! ! f 12% I 1 1 66% Good 61% 63% 20%n ! # Just Fair 22% I # 21% I I I I F.29/9Poor j 0% 20% 40% 60% 80% IM1998 C31999 032000 Report of Findings, City of Concord 2000 Residents'Satisfaction Survey ]5 February 29—March S, 2000 Overall Satisfaction with Services 6% Extremely Satisfied 7% 7% I ! Very Satisfied 36% 43% 4$'/a Somewhat Satisfied 51% _. 44% 4% I ! Not Too Satisfied 3% # 3% I ! 1 I Not At All Satisfied 1% 1% 0% 20% 40% 60% iii 1538 C31999 1332000 Respondents were also asked to indicate their satisfaction with Concord city services, as also shown in Figure 5 above. There has been a statistically significant increase in satisfaction with city services since last year's survey; currently, one out of two Concord residents indicate that they are "extremely„ or "very" satisfied with Concord's city services, up from 43 percent in 1999 and 45 percent in 1998. Just one in twenty-five Concord residents indicates dissatisfaction with the city's services. 3.2 Comparison of the Responsiveness of the City of Concord and Other Local and Regional Government Agencies The City of Concord still wins praise from area residents for its responsiveness, though city government is seen as less responsive than it has been in previous years. As shown in Figure 6 below, two out of three citizens classify the City as "responsive;" this figure is down from about eighty percent in 1998 and 1999. At the same time, few residents are actively dissatisfied with the responsiveness of city government. A mere one in twenty perceive substantial enough problems with city government to label it "very non- responsive." } Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 16 February 29--March S, 2000 Figure 6: Comparison of Responsiveness Ratings for the City of Concord and other Government Agencies Serving Concord Residents Contra Costa County Fire Dept. SB + 17 Contra Costa County Library 31 10 1s BART 37 12 t5 Contra Costa County Water District 40 22 City of Concord AA;, 21 Nit.Diablo Unified School District 33 15 27 c i Contra Costs County government n 49 13 24 0% 20% 40% 60% 60% 700% 0 Very Responsive Ci Smwht Responsive 0 Smwht Non-Responsive ■Very lion-Responsive 0 No opinion The decrease in perceptions of the City's responsiveness may more reflect a general loss of confidence in government responsiveness than a particular lack of faith in City government; evaluations of Contra Costa County government's responsiveness also dropped significantly in this year's survey. In addition, while the proportion of respondents labeling the City"responsive"has gone down, the proportion calling the city "non-responsive" has not increased; instead, the proportion of respondents offering "no opinion" on the issue has gone up. A total of 82 percent of those with an opinion indicated that Concord City government was"responsive." Latinos, residents over age 50, and those with incomes under $60,000 per year were particularly more likely than other demographic groupings to give the City high marks for its responsiveness to their needs needs, as were residents who have watched the City Council on TV or visited a senior center. On the other hand, residents with household incomes under$20,000 are among those J= likely to see the City as responsive. The most general conclusion that may be drawn from this data is that Concord residents are extremely satisfied with the performance of their local governments. In each of the three years that surveys have been conducted, residents gave positive evaluations to each of the government agencies tested by at least a two-to-one margin. This finding, combined with the results noted in section 1.3 indicating that less than one in four area residents see city government inefficiency as a "very serious problem," suggests that Concord residents have maintained a consistently positive attitude about local government. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 17 February 29-March 5, 2000 PART 4: PUBLIC ASSESSMENT OF SPECIFIC CITY SERVICES 4.1 Ratings of Individual Services As illustrated in Table 3, Concord residents continue to be satisfied with every maior service provided by City government. As in previous years, survey respondents were read a list of 20 services provided by the City, and were asked to rate each on a scale from one to ten, with one representing "not at all satisfied" and ten representing "very satisfied." Every single service received a mean satisfaction score greater than five, indicating that on average Concord residents are satisfied with all of the major services the City provides. throughTable 3 Mean Scores for Satisfaction with Concord City Government Services Anlong Those Offering all Opinion, 1998 111 } 1998 1999 2000 Don't Items Listed Diff. Know Score Scare Score (2000) Trash pick-up and recycling 7.6 7.7 7.7 E +0.1 2% Maintenance of public parks 7.6 7.1 7.7 +0.1 3% i Police protection in your neighborhood 7.6 7.6 7.6 0 1% Landscaping on street medians and other public areas 7.2 7.1 7.3 +0.1 1% Type of Events at the Concord Pavilion 7.7 7.5 7.2 -0.5 i 11% Removal of graffiti from public buildings 6.9 7.1 7.1 +0.2 8% Sewer and storm drain maintenance 6.8 7.0 6.9 +0.1 8% Street lighting in your neighborhood 6.8 6.8 6.9 +0.1 1% Redevelopment of downtown Concord 7.1 7.3 6.8 -0.3 10% Building and safety code enforcement 6.4 6.7 6.7 +0.3 28% Recreation opportunities and programs at City parks, the golf course 7.0 7.0 6.6 -0.4 11% and swimming pool facilities j Senior Center programs 6.9 6.9 1 6.6 -0.3 35% Tree trimming 6.4 6.6 6.4 0 7% Neighborhood clean-up and preservation programs 6.2 6.5 € 6.3 +0.1 12% Child care programs 6.4 6.4 i 6.0 -0.4 37% Repair of broken sidewalks 5.9 6.0 5.5 -0.4 8% Repair of potholes in City streets 5.8 6.0 5.3 E -0.5 1 Regulation of cable TV service 5.2 i 5.4 5.3 +0.1 8% Housing assistance programs for lower income residents 5.$ 5.$ 5.1 -0.7 34 0 Report of Findings, City of Concord 2000 Residents'Satisfaction Survey �$ February 29—March 5,2000 Residents are most pleased with some of the City's most basic services. Trash pick-up, police protection, landscaping of streets and medians, and park maintenance were the services with which residents expressed most satisfaction. On the other hand, residents give their lowest satisfaction ratings to the City's low-income housing programs, This dissatisfaction probably reflects the sharply rising concern about affordable housing in Concord, which was noted in Section 1.3. In addition, as has been the case in each year the survey has been conducted, cable TV regulation continues to be ranked as one of the City services with which respondents are least satisfied. As has been the case in previous years, there is a clear relationship between a high level of satisfaction with city services and high marks for the quality of life in Concord. Residents who rated Concord's quality of life as "fair" or "poor" gave lower average satisfaction scores to every service evaluated by survey respondents. 4.2 Resident Suggestions for Improving City Services Toward the conclusion of the survey, respondents were asked, unprompted, to name "the most important thing the City of Concord can do to improve City services for the people who live and/or work in Concord." Figure 6 presents the responses of the 79 percent of respondents who offered a suggestion. Figure 6. Suggestions for Service Improvements, 1998 through 2000 (Respondents with an Opinion Only; Responses Grouped) 21°0 Improve streetsitraffic flow/transit 2 % 240% Be responsivelinvolve public 1 21% 0 23%1 More police/reduce crime 17% 1I iliz 7 I 21% Improve schooistyouth activities °Id 9�k i I I i% Clean up city 4 I # Morelbettertaffordable housing More fee centers o'ra I 1 1 3% } I { I 7% I # Promote the citytcreate)obs ! 3% I I I Miscellaneous 14% i 14% 0% 5% 10% 15% 20% 25% 30'°! 1=1998 { 1999 G720Gfl Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 19 February 29—March S,2000 The responses to this question demonstrate the continuation of several trends that began in 1998. First of all, for the second straight year the most-frequently offered responses focused on improving traffic flow through the city. This year, one out of four respondents offered a suggestion that focused on traffic or related concerns. Second, the proportion of respondents who suggest actions focused on reducing crime has continued to decline. Fighting crime was the most frequently-offered response in 1998, named by 23 percent of respondents. That proportion declined to 17 percent in 1999 and 11 percent this year. Third, the proportion of respondents recommending that the City communicate more with its citizens and get them more involved in civic affairs continues to increase, 23 percent of respondents offered suggestions in this vein this year, making it the second- most frequently named suggestion. Fourth, the proportion of residents calling for improvements in the area of affordable housing, while still small, continues to increase. This development reflects the increasing concern with affordable housing that appeared in several places throughout the survey. } Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 20 February 29--Burch 5, 2000 PART 5: PUBLIC IMPRESSIONS OF CITY EMPLOYEES AND DEPARTMENTS 5.1 Contact with City Employees and Evaluation of Their Performance Nearly sixty percent of Concord residents report having had some type of contact with a City employee (other than a police officer) during the last year, approximately the same proportion as in 1998 or 1999. (Figure 7) As in previous years, most of the contacts related to purchasing tickets at the Concord Ticket Center or making a general request for information. Figure 7: Type of Contact with Concord City Employees, 1998 through 2000 26% Obtaining tickets at the Concord Ticket Center $9% # I 11111 11111011111111 20% k i 20% 1 A general request for Information 11% I i 14% I i I Zoningtpianningtbuilding permits 112/e i 12% ! i 6'K The city's senior center 84 1 I A neighborhood preservation program 5% A housing assistance program 3% 4% 1 I I I 3% Obtaining a business license 5% 3% 1 I C 45% No contact on these Items 46% 45'Y. �x 10% 20% 30% 40% 60% M1998 031999 M2000 As was the case in 1999, affluent residents and those with high levels of civic engagement are most likely to have contact with City employees. These include homeowners, residents who work in Concord, registered voters, and residents with a post-graduate education or household incomes over$60,000 per year. As Figure 8 demonstrates, those who have had contact. with City employees tend to evaluate their performance positively. Three out of four rate the employees' performance as "good" or"excellent,"with just 23 percent labeling their performance "fair"or"poor." At the same time, over the past three years there has been a shift away from evaluating City employee performance as "good,"with a corresponding increase in the proportion of respondents calling the employees' performance "fair," indicating a trend toward a less positive evaluation of City employees. Those most likely to evaluate City employees positively include homeowners, residents over age 50, retirees, and residents with household incomes over S100,000. Those most likely to have negative impressions of City employee performance include residents under age 30, those who have never Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 21 February 29—March S, 2000 received information from the City in the mail, Latinos, non-voters, and those with annual household incomes under$30,000. Figure 8: Residents' Evaluation of City Employees' Job Performance, 1998 through 2000 24^le � Excellent 28% a 25% 88"10 Good 49% Just Fair 70t0 l f � Poor 4% € 1 0% 20% 40% 60% 80% ®1998 01999 L]200 About one in five Concord residents made contact with an employee outside of those categories listed in Figure 7. Ninety percent of these residents said that the employee with whom they interacted was "courteous and pleasant to deal with," up significantly from 77 percent in 1998. Clearly, an increasing number of Concord residents are favorably impressed by the City employees with which they have contact. 5.2 Efficiency Ratings for City Employees Concord residents continue to express high rates of satisfaction with the efficiency of their City government. As shown in Table 4, survey respondents rated each of eight different groups of city employees as "efficient in the way they spend taxpayer money." Among those expressing an opinion, the number of respondents rating each group of employees as "efficient" was at least double the number rating them as "inefficient." This finding, in addition to the generally low level of concern with taxes noted in Section 1.3, suggests that Concord residents believe they are getting their money's worth from City government. Most of the efficiency ratings have remained relatively constant since 1998. The Concord Police and public works and park and recreation employees have consistently received the highest marks for their efficiency. At the same time, there have been a few notable changes over the last three years. For example, there have been small but significant increases in the proportion of respondents giving positive ratings to the people who staff City recreation facilities and clean and maintain streets and storm drain systems. Report of Findings, City of Concord 2000 Residents'.Satisfaction Survey 22 February 2.4—March 5, 2000 s EmployeesEfficieky Ratings for Sekicted Groups of City W fThose 9x !''! Group of Employees 1998 1999 2000 Diff`. The people that run the City's Very/Somewhat Efficient 85% 87% 91% +6% public golf courses, swim center, Very/Somewhat Inefficient 15% 13% 9% -6% City recreation programs and the No 2610 ion n O i 0 0 Concord Pavilion p 25 l0 31 to +5 to Very/Somewhat Efficient 93% 90% 90% -3% The people who maintain city parks Very/Somewhat Inefficient 7% 10% 10% +3% No Opinion 8% 7% 13% +5% Very/Somewhat Efficient 90% 87% 90% 0% The Concord Police Very/Somewhat Inefficient 10% 13% 10% 0% No Opinion 8% 8% 10% +2% The people that sweep and maintain Very/Somewhat Efficient 83% 83% 88% +5% streets, trim trees and maintain the Very/Somewhat Inefficient 17% 17% 12% -5%0 sewage and storm drain systems No Opinion 7% 6% 7% 0% The people who respond to Very/Somewhat Efficient 82x/0 78% 80% -2% information requests about flood Very/Somewhat Inefficient 18% 22% 20% +2% zones, the location of City storm drains and sanitary sewers and No Opinion 40% 46% 45% +5% street encroachment permits The people that stripe streets, install Very/Somewhat Efficient 69% 69% 71% +2% and coordinate traffic signals and Very/Somewhat Inefficient 31% 31% 29% -2% manage traffic flow No Opinion 9% 6% 7% -2% The people who handle building Very/Somewhat.Efficient 65% 68% 67% +2% permits/inspections, City planning, Very/Somewhat Inefficient 35% 32% 33% -2% housing assistance, neighborhood preservation and the No Opinion 29% 35% 40% +11% Redevelopment A. enc Very/Somewhat.Efficient 74% 70% 65% -9% The people who design, coordinate Very/Somewhat Inefficient 26°l0 30°l0 35% +9010 and inspect City street construction No Opinion 35% 27% 32% -3% Report of Findings, City of Concord 2000 Residents'Satisfaction Sur~ey 23 February 29—March S, 2000 More strikingly, there has been a substantial decrease (nine percent) in the proportion of Concord residents who label workers who "design, coordinate, and inspect City street construction" as "efficient." This most likely reflects the high level of concern with traffic congestion in Concord; residents who feel frustrated with the rate of traffic flow through the city may be more likely to label these employees as "inefficient." In fact, the groups who are most likely to call these workers"inefficient" (residents who are over age 50 or have lived in Concord for over 20 years) are also among those most likely to perceive traffic flow as a very serious problem. Several caveats must be attached to this finding, however. First, while the proportion of residents who view workers who "design, coordinate, and inspect City street construction" as "inefficient" is increasing, it remains relatively small. Survey respondents still rate these employees as "efficient" by a two-to-one margin. Second, there are many residents who have no strong feelings on the issue one way or the other. One in three Concord residents say they have no opinion about the efficiency of these workers. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 24 Febmary 29—March S, 2000 PART b. PUBLIC ASSESSMENT OF THE CONCORD POLICE DEPARTMENT 6.1 General Assessments of the Police Department The Concord Police Department occupies a uniquely important place in city government. Police officers are perhaps the most visible City employees, and expenditures on police services consume a significant portion of the City's resources. For this reason, the residents' satisfaction surveys have included an extensive battery of questions designed to assess public attitudes toward the Police Department and public satisfaction with the Department's services. This year's survey results indicate that the Department is as highly-regarded as it was in 1998 and 1999. As noted in Part 1, citizens continue to rank the safety of neighborhoods and downtown as the most important qualities they seek in a city. .Residents believe that the Concord Police Department is doing a good job of meeting those needs; as shown in Table 2, residents express great satisfaction with the safety of Concord's neighborhoods and downtown. In fact, as shown in Table 3, police protection of neighborhoods trails only trash pick-up and park maintenance in terms of overall citizen satisfaction with city services. Perhaps the clearest sign of citizen satisfaction with the Police Department, however, is the decreasing number of Concord residents who cite crime as the most important problem facing the city. As discussed in Part 1, crime is still the concern residents most often mention when asked to name most serious problem facing the city, However, the proportion of respondents who mention the issue has declined from 32 percent in 1998 to just 25 percent this year. To the extent that citizens are growing less concerned with crime, it reflects a belief that the police are doing their job well. Having personal contact with police officers also tends to lead to positive views of the Police Department. As shown in Figure 9, about half of Concord's population said it has had personal contact with a police officer over the course of the past year. Three out of four people who had contact with the police initiated the contact themselves. Four out of five residents who had contact with a police officer found that officer to be "courteous and pleasant to deal with,"as illustrated in Figure 10. Just six percent of residents in contact with the Police said the police officer they dealt with to be "rude and unpleasant to deal with." This marks a significant decline from 1998, when more than twice as many respondents (16 percent) offered a negative evaluation of the police officers with whom they had contact. As has been the case in previous years, residents under gage 30 were ya�+mong those most likely to characterize the officers they encountered as"rude and unpleasant." Report of Findings, City of Concord 2100 Residents'Satisfaciion Survey 26 February 29—March 5, 2000 Table 5 of # Operations Community Relations AmongF p: Percent P pli s"), 1999 and 2000 Description 1999 2000 Difference Strongly applies to CPD 60% 61% +1% Well-trained Somewhat applies to CPD 35% 34% -1%0 No Opinion 16% 18% +2% Strongly applies to CPD 56% 54% -2% Concerned about the public's Somewhat applies to CPD 35% 42%° +7% welfare No Opinion 8% 9%° +1% Strongly applies to CPD 51% 49% -2%° Is well-managed Somewhat applies to CPD 41% 42% +1% No Opinion 22% 23% +l%o Strongly applies to CPD 46% 46% 0% Treats people fairly regardless of race, Somewhat applies to CPD 37% 42% +5% ethnicity, gender or sexual orientation No Opinion 22% 28%° +6% Strongly applies to CPD 44% 38% -6%° Is widely supported by the local Somewhat applies to CPD 45% 53% +8%° community No Opinion 12% 15% +3%° Strongly applies to CPD 41% 40% -1% Reflects the demographic makeup Somewhat applies to CPD 46% 44% -2% of the community No Opinion 30% 30% 0% Strongly applies to CPD 40% 44% +4% Effective in curbing local crime Somewhat applies to CPD 53% 51%fl -2% No Opinion 8% 11% +3% Residents continue to be tentative in evaluating certain aspects of the Department. We may interpret respondents who say that a statement "somewhat applies" to the Department (as opposed to saying that it "strongly applies") as being somewhat doubtful of uncertain in their response. By this measure, Concord residents are significantly more uncertain this year about whether or not the Department "is widely supported by the local community." While the proportion of respondents saying this statement "strongly applies" dropped by six percent, the proportion saying it somewhat applies increased by eight percent. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 27 February 29—March 5, 2000 6.2 Awareness of Police Department Programs The Concord Police Department offers a wide variety of community service and anti- crime outreach programs. These programs continue to be enormously popular among residents who are aware of them, as shown in Table 6. However, as was the case in 1999, these programs are unknown to the vast majority of Concord residents. No programs other than DARE and Neighborhood Watch were recognized by more than fifty percent of these surveyed. Those least likely to have heard of these popular programs include seniors, Latinos, residents with no more than a high school education, and residents with household incomes of less than $30,004 per year. Community policing was recognized far more respondents this year than in 1999 (the proportion of respondents who did not rate the program dropped from 78 percent to just 51 percent this year). Among those who chose to offer an evaluation, the program was viewed favorably by 94 percent, up significantly from just $3 percent last year. Some of this increase may be due to the fact that the description of the program was simplified in this year's survey, but at least part of the increase may well be due to public education efforts on the part of the Department. Table 6 Perceptions and Awareness ,. f Police Department Community Programs (Ranked by % Favorable) Program 2999 2000 Diff. Never Heard Of Favorable Favorable Can't Rate Neighborhood Watch 93% 94% +1% 28% PAL,Police Athletic League 91% 94% +3% 64% The Domestic Violence and Victim 91% 94% +3% 52% Assistance Program School Resource Officers Program 90% 94% +4% 68% Community Policing 83% 94% +11% 51% District Police Field Offices 94% 93% -1% 56% VIPs,Volunteers in Police Service 85% 92% +7% k 64% The Downtown Foot-Beat Patrol 88% 90% +2% 61% DARE,,the antidrug use program 92% 86% -6% 30% As Shown in Table 6 above, the Police Department's three district field offices remain one of its most popular programs. And, as shown in Figure 11 below, awareness of the district field offices has increased slightly over the past year. 'Those who tend to be unaware of the district field offices include residents under age 30, Latinos, and residents with a high school education or less or household incomes under$20,000 per year. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 28 February 29—March 5, 2000 Figure 11: Awareness of Police Department District Field Offices, 1999 and 2000 17% Heard a lot 21% 23% Heard a little 25% 60% Heard nothing/DK 54% 0% 10% 20% 30% 40% 50% 60% 70% M1999 02000 6.3 Awareness and Assessments of"Street Smart" The 2000 survey included a new set of questions about "Street Smart," a crime prevention television show which the Police Department broadcasts on Channel 25, the city's cable television channel. Twenty-six percent of respondents reported having seen the program: those most likely to have seen the show include middle-income families (those with annual household incomes between thirty and sixty thousand dollars) and people who have lived in Concord for more than twenty years. "Street Smart" also seems to share a substantial audience with broadcasts of City Council meetings; of those who have seen City Council meetings on television, 36 percent have also seen "Street Smart." Whether or not residents have actually seen "Street Smart," they praise it as an effective way of preventing crime. When asked to rate the program's effectiveness in teaching people to prevent crime, three out of four Concord residents label the program "effective;" of this number, more than half call the program a "very effective' approach to crime prevention. On the other hand,just I I percent of respondents call the program "ineffective," and only one in twenty dismisses it as "very ineffective." These assessments cut fairly uniformly across demographic groups, although residents under age 50 are slightly more likely to label the program "effective" than are voters over age 50. As a follow-up, residents were asked what type of information they would like to see included in a crime prevention television show. The top responses are shown in Figure 12 below. ...................................... Report of Findings, City of Concord 2000 Residents'Satisf"action Survey 29 February 29—March 5, 2000 Figure 12: Suggested Material for Inclusion in Crime Prevention TV Shows Info on children's safetylgangslluveniie crime 17% 1 Self-defense/personal protection tips 16% ! 1 Home security tips 15% 1 Crime statlsticstwanted liststresource numbers 14% Local Information/neighborhood watch info 10% 1 Drug education 6% 1 ! 1 l i General crime prevention Info 6% E ! I 1 Police goalslactivitles 46 ! 1 I Car safety/road rage advice 3% 1 1 1 I Other mentions 1 % 0% 5% 10% 15% 20% 26% Generally speaking, residents are most interested in four types of information: first, how to protect their children and prevent juvenile crime; second, how to defend themselves from crime against their persons; third, how to protect their homes and personal property; and fourth, crime statistics and alerts. When asked whether they would be interested in other programming,on the city channel which would highlight"different city services and stories of local community interest," three out of four respondents say they would be either "very" or "somewhat" interested in this type of programming, as shown in Figure 13 below, Only one out of five say they are not too interested. Figure 13: Interest in Other Programming About City Services on the City Channel Very interested 29% # r somewhat interested 47�% I ! 1 Not too interested 211%. f i 1 i f i DK/NA 3% 1 1 I I ! 0% 10% 20% 30% 40% 50% $0% Among those most interested in such programming are relatively new residents of Concord (those who have arrived in the past five years) and those without a high school education. These groups may be interested in such programming because they feel that they lack information about how city services work; conversely, interest in city service programming is also high among those who already have extensive information about how government operates. Thirty-eight percent of those residents who have received three or more pieces of information from the City and 48 percent of those who have watched three or more City Council meetings on television say they would be "very interested" in new programming about city services. Deport of Findings, City of Concord 2000 Residents'Satisfaction Survey 30 February 29—March S,2000 6.4 Recommendations for Improving the Concord Police Department Survey respondents were asked "what is the single most important thing that the Concord Police Department should do to become the ideal police department." The responses are presented in Figure 14 below. The most notable change from last year is the nearly threefold increase in the proportion of respondents urging the Department to engage in a variety of behaviors that would lead to better community relations. A few of these responses included "interacting more with the community," "maintaining a professional attitude," "improving relations with young people," "building trust," and "going to more community meetings." Figure 14; Suggestions for Making an "Ideal Police Department' 13% t Better community relations 33% Crack down on crimelmore arrests 15% ; 11°10 k i Fight juvenile crime/gangs 131% I I I i More funding/copslpatrols ° 121% 42% I More visibility °fo I I i k More ethnic sensitivity Mali 7% , I Faster response time 4% 7!o° I l 1 4% ! More training for cops 3 7% ' l Crack down on drugs/alcohol ? I Miscellaneous t 5°lo I k 5% W/o 10% 20% 30% 40% D i 999 02000 At the same time, there was a sharp decline in the proportion of respondents who called for a crackdown on drugs or alcohol. Seven percent of respondents mentioned this idea in the 1999 survey, but a negligible number brought it up this year. There were also small declines in the number of respondents calling for more police, more funding, or more visibility. Taken together, these findings suggest that as overall concern with crime declines, residents are becoming more and more focused on improving police-community relations. Of course, community policing is the primary way of addressing this concern, but as outlined in Section 6.2, a majority of residents do not know enough about the City's community policing program to evaluate it. Doing more to educate the public Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 31 February 29—March S, 2000 about existing community policing programs might help to address the increasing public desire for better relations between the Police .Department and the community. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 32 February 29--March S, 2000 PART 7: ANTI-POLLUTION PROGRAMS This year's survey included two new questions designed to measure the effectiveness of a variety of Concord's pollution prevention questions. The first question related to several of the City's messages and public signs discouraging storm drain pollution, and the second measured participation in a variety of City-sponsored recycling and waste disposal programs. 7.1 Programs to Discourage Storm Drain Pollution As shown in Figure 15 below, respondents were asked whether they had seen or heard of a variety of messages, themes and symbols that the City uses to discourage people from placing waste in storm drains. The results show that the City's curb stencils have been effective in reaching a large majority of area residents. Three out of four respondents remember seeing the "no dumping — drains to Bay" message or a blue fish symbol printed on a curb. Awareness of the "no dumping" message generally cut across demographic groups. Recall of the blue fish symbol generally increased with the respondent's age, educational attainment, and length of residence in Concord. Latinos and residents over age 65 were significantly less aware of both of these types of warnings than were non-Latinos and younger residents, respectively. Figure 15: Proportions of Concord Residents Having Seen or Heard of Various Storm Drain Pollution Prevention Programs "No Dumping-Drains to Bay"curb stencil i i Blue fish printed on curbs 72% I I I The phrase"Only Rain Down the Storm Drain" 43% i v 1 1 I I "Mister Funnelhead"character 25% i I 3 I 0% 20% 40% 60% 90% 100% The other two messages tested were significantly less familiar to Concord residents. Just two out of five voters recalled hearing the phrase "only rain down the storm drain," and only one out of four had seen or heard of the "Mister Funnelhead" character. There were few demographic differences in awareness of "only rain down the storm drain." The same generally held true for "Mister Funnelhead," though Latinos and seniors tended to be disproportionately unaware of the character. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 33 Rebruwy 29--March 5, 2000 7.2 Other Anti-Pollution Programs Concord residents show an admirable willingness to participate in programs that involve the safe disposal of toxic waste, as shown in Figure 16 below. Half of all area residents say they have participated in the City's used motor oil recycling program, and two out of five have taken part in the household hazardous waste disposal program. Participation in these programs generally increases with educational attainment, household income, and length of residence in Concord. Not surprisingly, homeowners are significantly more likely to participate than are renters. Non-whites are less likely than Caucasians to participate in the household hazardous waste recycling program; however, Latinos show a slightly greater likelihood than non-Latinos to participate in the used motor oil recycling program. Figure 16. Proportions of Concord Residents Having Participated in Various Anti-Pollution Programs Used motor nil recycling 50% Household hazardous waste 40% -------------- - 1 "Grass-cycling" 171. I I d E i I I 1 I Home composting 16%, I 0% 10% 2096 30% 40% 50% 60% Residents report far lower levels of participation in two programs to reduce organic waste: home composting and the "grass-cycling"program. Only about one in six survey respondents said they had participated in either program. Rates of participation in both programs generally increase in tandem with age, income, educational attainment, and length of residence in Concord. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 34 February 29—March S, 2000 PART 8: ADDITIONAL AREAS OF INTEREST 8.1 Demographic Characteristics of Concord Residents Few major shifts in Concord's demographics have been noted since the 1998 survey. Concord's adult population remains relatively young, well-educated, and middle-class (Figure 17). Thirty-nine percent of adult residents are under age 40. Two-thirds have at least some college education, and one-third of those reporting their annual household income earn in excess of $60,000 per year. About two-thirds of Concord's adults are white Anglo. Latinos constitute about 16 percent of the adult population, while African- Americans, Asians, and other ethnic groups make up the balance. Figure 17: Demographic Characteristics of Concord's Adult Population Uvel of Education Nigh SchoolGraduate(12) 30-39 18-29 21% rades 1-11 Refused 9% 4049 College Graduates DWRe#used 65+ Vocational School Some College/ 5064 household Income Race/Fthnicity !20,001•$30,000 Refused $30,001460,000 {p t Other Under$20,000 12% E � Hispanic/Latino iI 69% White/Angi 560,00141001000 lk h Refused i More than$100,000 Most Concord residents remain well-connected to their community. As was the case in 1998 and 1999, about seven out of ten live in single family detached houses, while the Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 35 February 29—March 5,2000 rest occupy apartments or condominiums (Figure 18). Homeownership continues to be relatively common, as three out of five Concord residents report that they awn the homes in which they Live. A majority of residents have lived in Concord for at least ten years, and more than three-quarters for at least five. Concord's long-term residents tend to be over age 50, white, and highly-educated. They are more likely than recent arrivals to own their homes and be registered to vote. Figure 18: Housing for Concord Residents Jype of Housing Single family detached house 68% DK/Refused Multi family apt/condo Homme Owne W2 T enath of residence Own 3-#0 year Less than 3 years 61% K/Refused =Refused r'yiI 11.20 year 1 � � + 21or more years (tent As was the case in 1998 and 1999, about two-thirds of Concord residents report being employed full or part time. Not surprisingly, those who are employed are generally younger and better educated than those who are not; one out of five Concord residents are retired, and thus many of those who are not employed are among Concord's alder residents. Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 36 Febrzeary 29—March S,2000 A majority of Concord's employed residents continue to work outside the city. Sixty percent of employed men work outside the city, as opposed to just fifty percent of employed women. There is a significant relationship between income and work location; employed residents with high annual household incomes are particularly likely to work outside Concord. Figure 19: Employment in Concord Employment Status Homemaker Retire I, mployed full-time Other/Refused 70% Employed part time Location oQfEmplo=ent In Concord DKIRefused 55% Not in Concord Report of Findings, City of Concord 2000 Residents'Satisfaction Survey 37 February 29--March 5, 20010 8.2 Civic Engagement of Concord Residents. Voter Registration, Election Participation and City Council Meeting Attendance Concord residents continue to show very high levels of civic engagement. As Figure 20 shows, three-quarters of Concord residents say they are registered to vote, a proportion unchanged since last year. Of this number, four in five say that they "usually" vote in city elections. Voter registration and participation in Concord tend to increase with age, income, and educational attainment. In addition, residents who own a home, and thus have a physical and economic stake in the city, register to vote in larger numbers than those who simply rent. Eighty-six percent of homeowners say they are registered compared to just 58 percent of renters. As was the case in previous years, the survey suggests that the City's communications with its citizens have had a positive effect on civic participation. Residents who have received information from the City are more likely to be registered to vote, and are more likely to participate in local elections once they are registered. Not surprisingly, those who have chosen to watch City Council meetings on TV are also significantly more likely to be voters than those who have not. The survey results also suggest that voter registration in Concord's Latino community is relatively stable, though at a much lower rate than among other ethnicities. The 1998 survey found that 55 percent of Latinos were registered, but it 1999 that proportion dropped to just 38 percent. This year's survey found 49 percent of Concord's Latinos saying they are registered to vote. This finding suggests that last year's results were an anomaly, rather than an indication of a troubling decline in Latino voter registration. Figure 20: Civic Engagement in Concord Registered Voters in Concord Frequengy of Voting in City Elections Yes Rarely/occasionally/13K 75% Always 61% Usually No Report of Findings, City of Concord 2000 Residents'Satisfaction Survey jg February 29—March 5, 2000 As has been in the case in previous years, only a very small minority of Concord residents have attended a City Council meeting in person. On the other hand, as Figure 21 below indicates, nearly half have viewed such a meeting on television. Those who watch meetings on TV tend to be homeowners and long-time residents of Concord. Men are more likely to watch City Council meetings than are women. Not surprisingly, more highly-educated and affluent voters are also more likely to watch City Council meetings on television. Figure 21: Resident Attendance atNiewing of City Council Meetings In-Person Attendance at Council Meeting 91% No 91% j s i i 91% 8% i Yes 9% E i s 7% 0% 20% 40% 60% 80% 100% 01999 01998 M2000 TV Viewing of Council M etines 56% No 47% 55% E 44% i Yes , 52% t SWEREWABOSIM 43% 00/0 10910 20% 30% 40% 50% 60% 70% ' 1999 01998 02000 Report of Findings, City of Concord 2000 residents'Satisfaction Survey 39 February 29-March 5, 2000 Last year's results suggested that interest in civic affairs does not seem to stem from any particular dissatisfaction with life in Concord or with city services, and this year's results lead to the same conclusion. People who watch the City Council on TV rate the city's services and quality of life slightly more favorably than do those residents who have not watched meetings. 8.3 Exposure to and Perceptions of Information provided by the City As illustrated in Figure 22 below, two--thirds of Concord residents report having received some type of communication from city government over the course of the last year, whether in the form of a mailing, a flyer, or a message sent through the Internet. The likelihood of having received these types of communications tends to increase with age, educational attainment, household income, and length of residence in Concord. Not surprisingly, homeowners, voters, and residents who have had contact with some City office—all of whom require certain types of services from the City—are more likely than ethers to have received communications from the City. Figure 22: Receipt and Evaluations of City of Concord Communications (including City News) 1998-2000 ceipt of Communicati.'ons 35% No 39% 36% 30% Yes, once or twice 30% 32% 30% Yes, 3 or more times 2. v 25% 0% 10% 20% 30% 40% 50% =1998 01989 032000 Report of Findings, City of Concord 2000 Residents,Satisfaction Survey 40 February 29—March S, 2000 Figure 22: (Continued) Evaluation of_ommurnicatiQns 92%1 Very clear and 87% understandable 80% 3%, ! Not too clear or 8°fo f understandable i I 9% i ! 0% � x Not at all clear or 1% 1 ; understandable 1 1 1% 1 1 0% 20% 40% 60% 80% 100% fi39$ 071993 M2000 While the vast majority of residents who have received communications rate them as "clear and understandable," a growing minority says that they are not clear and understandable. The groups most likely to provide negative evaluations of the city's communications include renters,residents under age 30, and non-whites. ` T Y CONTRA COSTA COLLEGE INSTRUCTIONAL HNOLOGYPLAN IF-CM O- , AIR: RUSSELL VAN DEW= 7ECI-INOLO Y CO- ,NATR: NEVE COKEN C_:O1yIMITTEE ME'MB FR JULIO BARTON YVONNE BRISARD ROCCO CHAVEZ BERNA.DETTE GREEN JEAN HEWLETT SUSAN LAMB DAVID SMITH TOM TRESSER Contra Costa College's priorities for technology were determined through a series of discussions and consultations with managers, faculty, classified, and students. Each unit's needs were examined in light of the College's projected growth and development, the .District's projected growth and development, and the projections of evolving and emerging technologies through short terra and long term planning. Through the innovative use of current technology and limited available resources, Contra Costa College's institutional goals are to. I. Help students achieve their personal educational and career goals. 2. Support the improvement of classroom teaching and the development of the college's staff tech-skills. 3. Expand and improve institutional support services for students and college staff. 4. Expand and improve the college's capacity for local and global communication. 5. Support the enhancement of curriculum. 6. Maintain and upgrade instructional technology laboratories. 7. Facilitate access to information for better decision making. 8. Support developing standards of hardware and software at Contra Costa College and in the District. 9. Establish and maintain intra--district connectivity. COM COST, . COLLEGE MISSION STATEMENT The mission of the committee is to insure that the college community develops efficient and effective strategies for the purchase, use, and support of instructional hardware' and software. GOALS 1. To maintain the state of the art technology in hardware and software. 2. To vary the mode of instruction to meet the diverse learning needs of students through the use of computer aided instruction(CAI) throughout the curriculum. 3. To encourage the employment of distance learning and CAI for courses throughout the curriculum. To encourage the use of interactive video as a teaching tool across the curriculum on and off campus. 4. To provide ready access to computers and support peripherals for instructional purposes. S. To establish multimedia classrooms throughout the campus with efficient scheduling. 6. To work towards sharing instructional and non instructional software district wide. 7. To expand the capacity of the Instructional Resource Center for teacher training in the use of multimedia. 8. To create electronic network to download media software/courseware through a centralized location directly to classroom/laboratory. 9. To insure that all labs are appropriately licensed for software applications. 10. To request that a percentage of the operational budget be earmarked for technology. 'Hardware: Computer and audio/visual equipment and other related equipment. Software: Computer applications, videos, CD's, laser discs, audio kits and other instructional media. DECISION MAKING POLICY The Instructional Technology Committee will respond to proposals and requests for acquiring instructional software and hardware that are put forward by members of the college community. These recommendations will be forwarded to the Technology Steering committee, who will review and present these proposals to the College Council. The college Council will then make final decisions concerning the advisability of purchasing instructional software and hardware. OBJECTIVES The committee's objectives and related tasks include the development of policies and procedures for the acquisition, use, maintenance, and repair of instructional hardware and software. More specifically, our objectives/tasks include: 1. To establish procedures and guidelines for the purchase and maintenance of instructional hardware and software. The framework that the committee develops for future purchases, maintenance, and repair will consider the following: x Prudent use of available resources. • Financial and personnel requirements associated with the maintenance and repair of such technology. Y Consistency of any proposed purchase with current computer technology standards developed by the District. ■ Review of feedback on the effectiveness and utility of instructional software and hardware. 2. To help develop a five year plan for the updating of instructional hardware and software. 3. To review proposals and make recommendations for the acquisition, use, maintenance, and repair of instructional hardware and software. Any and all reviews will be based upon the instructional priorities developed by relevant college-wide committees. 4. To provide college staff with opportunities to examine and experiment with new and emerging instructional technologies. Specific objectives within this domain include the following: • Monitoring industry trends in instructional technology x Facilitation of staff access to local and global information networks. Establishment of a college-wide software bank. r Identification of new sites(on and off campus) to be equipped with existing or new instructional technologies. • Facilitation of the development of custom-designed course materials and multimedia presentations. 5. To establish clear and binding procedures for the acquisition of instructional hardware and software. These procedures will also include guidelines that specify the acceptable characteristics and capabilities of any and all donations. IN, STRUCTIONAL COMPUTINEi OPEN LAB MO DAL Fief�CNei's ,, DsmEosas Iristrucbonat Network District WAN Intemet C„7tr Lab,------- Lecture Rooms C Two way ouieo and !tuhimedia equipment Macinwsh WrW&*Z AC audio The Contra Costa ColleLtle's Open Lab Model was designed to maximize the use of available resources, and to create a collaborative and in leamin,,environment that will provide the latest technology to evert student and stag'member. This model consists of a college-wide computer network, including seventeen computer labs (nine existing labs and eight neer- labs4: twelve state-of-the-art multimedia lecture rooms: a distance learnin- classroom with trro-\\-a\- audio and video production capabilities: library information databases such as: ERIC. INFOTRAC, MEDLINE, HEALTH REFERENCE CENTER. ETHNIC NEWSWATCH, etc.. modem pools that will enable students and staff members to use college resources when otT- campus; connections to the district`s Wide Area Network (LMC,CRE, DVC, District Office) and to the Internet will bring: unlimited and most up-to date information to every desktop computer. Using software meteringy techniques across the Districts WAN can reduce the cost of software licensing; for all campuses. TECHNOLO(aY PLAN PROJECTED BUDGET LECTURE ROOM MULTI-MEDIA PRESENTATION SYSTEMS Approximate unit costs @$10,000, 3 systems/year. 1st Year 2nd Year 3rd Year 4th Year Total $30,000.00 $30,004.00 $30,000.00 $30,000.00 $120,000.00 Dual-platform multi-media computer(Power PC w/DOS compatible card), multi-media LCD projector, VCR, Camcorder(video camera), tv monitor, projection screen, audio-cassette player, projection screen, security cabinet or secured equipment cart. DISTANCE LEARNING ROOMS Approximate $200,000 first year and$100,000 every year thereafter. First year, to equip a distance learning classroom with fully interactive two-way audio and video capabilities. This would include monitors, cameras, control room, wireless microphones, and related hardware. Second and following years, to purchase remote compressed video equipment to allow for point to point audio and video transmission to eventually accomodate 8 remote sites. Third and fourth year, includes upgrading equipment in existing television studio. 1st Year 2nd Year 3rd Year 4th Year Total - $200,000.00 $100,000.04 $100,000.40 $100,000.40 $500,000.00 STAT`SUPPORT/COMPUTER TECHNICIAN 1st Year 2nd Year 3rd Year 4th Year Total $64,7.35.00 $64,735.00 $64,735.00 $64,735.00 $64,735.00 STUDENT COMPUTER LABS Approximate unit cost @ $ 80,040/computer lab. This plan uses the term computer lab as a unit of meaure.. 1 lab = 30 networked computers. STUDENT COMPUTER LABS - Continued Upgrades: There currently exists 9 obsolete computer labs at CCC. This four year plan would enable the college to upgrade two labs every year at a cost of $150,000 per year. 1 st Year 2nd Year 3rd Year 4th Year Total $150,000.00 $160,000.00 $160,000.00 $160,000.00 $640,000.00 New .,abs: Plan to add eight labs, two labs per year.. 1st Year 2nd Year 3rd Year 4th Year Total $160,000.00 $150,000.00 $150,000.00 $150,000.00 $540,000.00 The upgrade and new labs will form an instructional network that will support the open lab model that will maximize the use of resources and facilitate access to information to each and every student. ELECTRONIC PUBLICATIONS FOR THE LIBRARY Includes such databases as: ERIC, F EALTH REFERENCE CENTER , ETHNIC NEWSWATCK INFOTRAC, etc. 1st Year 2nd Year 3rd Year 4th Year Total $25,000.00 $25,000.00 $25,000.00 $25,000.00 $100,000.00 INSTRUCTIONAL SOFIVARE LICENSING First year, $100,000 to legalize software on-hand. Second and following years will include software for additional labs and periodic upgrades. 1st Year 2nd Year 3rd Year 4th Year Total $175,000.00 $25,000.00 $35,000.00 $45,000.00 $280,000.00 INSTRUCTIONAL TRARUNG 1st Year 2nd Year 3rd Year 4th Year Total $20,000.00 $20,000.00 $20,000,00 $20,000.00 $80,000.00 AUDIOIVISUAL TECHNOLOGY First year, $50,000 to upgrade existing equipment. Second and following years, $20,000/year for additional equipment and periodic upgrades. 1 st Year 2nd Year 3rd Year 4th Year Total PROGRAM SPECIFIC TECHNOLOGY Equipment included is for the following disciplines: Art, Bio--Technology, Music, Natural Sciences- Biology, Chemistry, Physics, Non- __ destructive Testing, Performing Art Center-Drama, Physical Education and Vocational Education- Automotive, Electronics, Refrigeration/Appliance Repair, and Welding. First year, $100,000 to upgrade existing equipment. Second and following years, $100,000/year for additional equipment and periodic upgrades. 1st Year 2nd Year 3rd Year 4th Year Total $100,000.00 $100,000.00 $100,000.00 $100,000.00 $400,000.00 TOTAL BGETI'YEAR 1st Year 2nd Year 3rd Year 4th Year Total $1,034,735.00 $684,735.00 $694,735.00 $704,735.00 $3,118,940.00 _ PER.SOI'' NEL SUPPC)RT Media/TelevisionSupport 160 hrs per week at$24.00 per hour Instructional Computing Support - 120 hr;s per week at$24.00 per hour Instructional Equipment (non-computers) The Colkege's long-term planning process identified many needs for instructional equipment that is not considered computer-based. Our understanding is that such equipment is not included in the Technology Plan. If it is decided in the future to include such requests, the College has an existing list projected out five years. T ECH_BG'rT.S95 �p w a 4 it ie dr , ' • 'far ^%p y®,. 11* Mw Y, �S r Yw�t* ttt � 1 Table Of Contents Serf Pcae Numberts) Committee Members/ Technology Plan Authors 1 Vision Statement 2 Mission Statement 3 Demographics 4 Current Levels of Technology 5-6 Technology Goals 11996-'97 7-9 Technology Goals C 1997-'48 14.13 1996-'97 Computer Lab Curriculum, kindergarten Addendum 1 1996•'97 Computer Lab Curriculum, Grade 1 _ Addendum 2 1996-'97 Computer Lab Curriculum, Grade 2 Addendum 3 1996-'97 Computer Lab Curriculum, Grade 3 Addendum 4 1996•'97 Computer Lab Curriculum, Grade 4 Addendum 5 1996-'97 Computer Lab CuMculum. Gracie 5 Addendum 6 District Benchmarks 'lntegrafing Technology: Grades K-5 Addendum 7 ............... Teg.h,nojggv C-Ommittee - Members / Teg.hn V -P-lan Authors Cathy Buffer Computer Lob Teacher Julie Horder Library llwedia Specialist Rachel Ivins Kindergarten Teacher Anne Schreiber Fifth Grade Teacher / "Mini Mentor" Alan Siegel First Grade Teacher / Site Technology Mentor David Welland Walnut Heights Parent ..................................... Kision Statement echnology has enormous potential to expand academic horizons and support the development of lifelong learning skills. Walnut Heights vill use technology to enhance curriculum and provide effective tools ror all learners, in order to: • Extend the learning environment beyond the boundaries of the school campus and the school year * Explore the dynamic connection between home, school and the global community • Access vastly increasing resources for learning and productivity * Faster increasing social and global awareness * Acquire the skills essential for the twenty-first century workplace * Increase self motivation, self esteem and enthusiasm for learning • Support individual learning styles and interests • Promote effective partnerships between the educational and business communities, for the benefit of all 6 Mission Statement Walnut heights Elementary School community - including parents, staff and local business partnerships - is committed to providing an environment in which technology is used as a tool to improve student learning and support the educational process. We will serve our students in an enriching environment that will focus on integrating technology tools into the curriculum. Staff development and support will be provided as technology grows and changes within our school community, At Walnut heights, technology will support the diversity of learning styles and maximize student and teacher productivity in the classroom, Democr phics_ _ Walnut Heights is made up of. 369 students 16 ESL students _ 15 G.A.T.E. students 16 Classroom teachers 1 Paraprofessional resource 1 resource Specialist 1 Speech and Language Therapist Instructional Aides 1 Instructional Aide - LEP/NEP 1 computer Specialist Science Instructors 1 GATE Instructor 1 Art Instructor 1 Library/ Media Specialist 1 P,E. Specialist [results of community Survey to be included here at year's end, re; number of students using technology at homer and in what ways. Addendum will be attached with statistical results] v # �' At School i# Current- 1) In the self contained cicsrrooms, of which there are currently 16, all have at least ONE Macintosh computer. Mcst classroom computers have been acquired since the beginning of the 1995-1996 sc"col year, with the onset of out district technology Plan. Currently in the second year of this plan, we have acquired computers primarily from two sources, a . Annual district purchases per school site, in accordance with the district technology plan. These computers have been purchased at the district level based on ADA at each school site. Future purchases will be made In the some manner. Cand c- c b - Donations from corporate sources, including Wells Farad, evrt.._.. "L ftfl., vitt Walnut Heights parents. These computers are all at the Macintosh ll level. Computer hardware resides in the classrooms as follows: 10 @ Macintosh Power FC level (PPC) ('these units range from 600 megabyte to 1.2 glgcbyte hard drives, and 8-16 megs. RAM) 10 @ Macintosh lisi level (These units range from 40.80 megabyte hard drives, and 4-9 megs. RAM) 9 Hewlett Packard ink let printers (color compatible). These were purchased by the district along with each district PPC purchase. 2 We have purchased 16 Aloha Smart keyboards with site monies available through the technology mentor program. 3 A computer lab is also In place, and has acquired a variety of hardware taboos of PTA efforts and Safeway's 'Apples For Schools program. Additions computer hardware from the aforementioned corporate sources, and parent donations brings our current hardware in the laic to: 19 @ the Apple 11gs level (disk drives only - no hard drives) Z @ the Macintosh 11 level 2 @thMacintosh LC level 1 @ �e Macintosh PPC level 1 @ Macintosh Performa level (pre-PPC) 1 Apple B/W flotbed scanner 10 imageWrlter ll printers 5 - t I HP UO Inkjet printer 1 Styiewriter 11 Printer 1 Apple LaserWriter NT printer 1 Quickcam Digital Camera 2 Syquest EZ135 Cartridge Drives I Apple Color Easy Photo Scanner 4) As a result of a Detweiler Foundation Grant, we also have the following on- campus hardware. 12 IBM Compatible Computers - 256's, 3$5's, and laptops 5) Further hardware and technology tools on campus include; 5 TV Monitor/VCR combinations on rolling carts 180 Student calculators, used in 3rd, 4th and 5th grade classrooms 19 b part hubs, connected to data Imes In each classroom 1 Video Camera with tripod I 3-coria router 1 Centrex phone system; 5-11ne phones In each classroom 6 Tech-nol9gy !aoals 1226-1X19, 1. By June 1997, the Walnut Heights Technology team will have a more concrete understanding -of the levels of access to hardware In our school community. STRATEGIES A Survey teachers about technology use in classrooms by students and teachers. B. Survey parents regarding student use of technology outside of school, WHO IS RESPONSIBLE: Rachel Ivins, Alan Siegel - staff survey Dave Weiland - parent survey 2 By June 1997, fourth and frith grade students will hove completed two classroonm projects using the Alphc-smart keyboards. STRATEGIES A Alpha-smart keyboards were purchased. This has created a student to keyboard ratio of 8:1. B. Each fourth and fifth grade teacher will train at least one student to mentor classmates in the use of Alpha-Smcrt keyboards. WHO IS RESPONSIBLE: Anne Schreiber Alan Siegel Fourth/Rfth grade teachers teachers 1~ourth/Rfth grade student mentors 3. By dune 1997 teachers will Increase their understanding and knowledge of Internet capabilities. STRATEGIES A Six ISDN lines, with support from Direct Network Access (DNA) of Berkeley and Pacific Bell's free ISDN connection (�Educaticn First"?) B. Site Mentor will arrange Internet training with Contra Costa County Office of Education via Mac Carey. Training will take place on a Saturday, and stipends will be provided for teachers from available mentor funds. 7 (7996-1997 continued) C. Follow up support, for stat; members who actively explore their newfound knowledge for use in the classroom, will be provided during designated support and Instruction hours by site technology mentor WHO IS RESPONSIBLE: Alan Siegel, Rachel Ivins, Mac Carey 4. By June 1947 money will be allocated o provide summer workshop - opportunities for staff STRATEGIES A Four workshops will be funded by mentor money to provide for additional educational technology growth. Workshop money from this source will be made available based on Individual staff member interest, and will be provided on a "first-come, first-serve' basis. WHO IS RESPONSIBLE: Alan Siegel Anne Schreiber . By June 1497, a local area network will be in place, connecting all classroom computers to each outer and allowing local e-mail for In-school communication between staff members. STRATEGIES A As per the district technology plan, appropriate additional wiring and miscellaneous hardware/software will be purchased. All computer stations school-wide will be surveyed to assess whether appropriate Ethernet cards exfst for this communication system, and necessary replacement cards will be purchased from mentor funds. A mail server software package will additionally be purchased to manage the system, Advice regarding this purchase, and installation on the server, will be done with the assistance of the district network specialist. WHO IS RESPONSIBLE: Alan Siegel District Network Specialist [Diane Collen 8 (1996-1997 continued) By June 1997, students will have completed o curriculum of projects, skills practice and program (software) use specific to each grade's curriculum, STRATEGIES A Students, based on grade level, will spend 1-3 hours per month engaged in computer lab activities. (see addendums 1-6 attached, for specific activities at each grade leveD WHO IS RESPONSIBLE; Cathy Sutler Parent Volunteers Staff members 9 Technology Goals; 199 1. By October 1, 1997, 19 Apple ligs's, currently residing in our Computer Lata, will be relocated and set up in small pods/centers in the kindergarten, first and second grade rooms. STRATEGIES A A team of parents and teachers and parents will help transfer figs hardware and software to classrooms, at a natio of six computers per grade level. Grade level teams will negotiate the terms at location for their six computer stations....Le. grade level teams may choose to split their share equally, or put them all in one classroom at that lever managing students from the ether rooms at grade level as they pass in and out of a central 'computer based" Classroom, B. Teachers and parent volunteers will be trained by our current computer lab instructor to facilitate a skill•bullding curriculum within each of the new -Aclassroom pods". Training funding for Cathy Butler will be provided from the mentor funds available. WHO IS RESPONSIBLE: Alan Siegel Anne Schreiber Parent volunteers Cathy Butler Diane Collen K-2 Teachers 2 By October 1997, a Library Media Center (LMC) will be created in our existing library, comprised of Macintosh workstations, to facilitate research and Individual student multimedia projects. The LMC will be linked by a local area network (LAN) to all classrooms, to callow students to follow up and complete multimedia projects In their classrooms, STRATEGIES A The LMC will be comprised of a total of Fifteen (15) Macintosh workstations... r Six (6) from the existing computer lab f Two (2) transferred from existing classrooms i Four (d) to be purchased by the Walnut Creek School District, as per the third year of the District Technology Plan. Three (3) Power PC Macintoshes to be purchased with one-time monies as approved by the School Site Council (SSC), 10 (1997-1998 continued) B. The computers in the LMC will be locally networked to printers at a ratio of t Two (2) printers from existing Computer lab Four (4) calor ink jet printers to be purchased with one-time monies allocated from SIP C. All Macintosh workstations in the LMC will be equipped with CD drives Five (5) CD drives purchased with mentor funds The remaining ten (10) workstations are currently equipped With internal CD drives D, Each workstation in the LIVIC will be equipped with a minimum 400 megabyte hard drive.., Five (5) external hard drives purchased with mentor funds The remaining ten (10) workstations are currently equipped with at least 400 megabytes of internal hard drive space. E. Setup of the LAN within the LMC, and consequent connection to the school LAN, including wiring, Identifying terminal addresses and physical Installation of any necessary additional hardware, will be done with the assistance of a district hired networking specialist, and passible additional help of 'parent experts". WHO IS RESPONSIBLE: Alan Siegel Rachel lvins Anne Schreiber Diane Callen Cathy Butler SIP Team 3. By June 1998, every Walnut Heights student will have completed the desktop publishing projects and multimedia activifies as outlined In the district technology plan. STRATEGIES A Based on the aforementioned LMC plan, classes will spend ane-hour blocks of time In the LMC. As students go to the LMC, half classes will participate In research and/or book 'check out while peers engage In computer activities designed to enhance and facilitate classroom curricular projects. At the half hour mark, groups will switch `sides' of the LMC. (Specific layout/design of the library to be determined by end of summer. 1997). Grade levels will have available one-hour time blacks In the LMC as follows: 7 � (1997-1998 continued) Grades K, 1 and 2 - ONE hour per class per week • Grades 3, 4 and 5 m TWO hours per class per week These projections, based on the current number of classrooms, equate to, t 14 hours LLMC computer instruction for Cathy Butter's 3rd, 4th, 5th graders. 14 hours LMC instructional ftme for Jutle Horder's work with K, 1st, 2nd and 3rd graders In the print media section. 4th and 5th grade classes, based on this model, will need to rely primarily on parent volunteers to manage print redia research and checkout processes • volunteers will be trained by Julie Horder towards this end. B. Based on limited funding available to maintain Cathy Butler's current weekly schedule, Cathy's primary responsibility will be the time management and Instruction for the third, fourth and fifth grade computer use In the LMC. Based on the aforementioned schedule, this would be a time commitment of 17 hours per week. C. Julie Harder, library/media specialist, will continue to work at her 15 hour per week schedule, facilitating primarily the print media collection and checkout system rrcncger}ent. As time allows, Julie will spend the 1997-95 school year providing Intermittent help for individual students at multimedia stations, assisting in student use of the electronic cataloging system, and spending time with teachers and the technology site mentor to learn as much as possible about the software programs used on the LMC computers. D. 3rd, 4th and 5th grade classroom teachers, while in the LMC for their one Dour time blocks, will focus at least 50% of their time on assisting Cathy Butler and students involved In multimedia or other computer activities. In this way, While Julie is available to those students needing print media assistance, bath the classroom teacher and Cathy will be able to provide ane-on-one time to individual students immersed in their multimedia projects. B. Kindergarten, 1st and 2nd grade classroom teachers, While in the LMC for their one hour time blacks, will be responsible for the time management and curricular Instruction (as detailed In the district benchmarks - see _ Addendum 7) for those students in the computer "section' of the LMC. Specific curricular content used during these time Mocks should be based on the grade level goals to follow In ITEM "P. However, teaching strategies and software/time usage may be based on any or all of the , following; _ Teachers who are more comfortable with Macintosh hardware and software may design their own software instruction strategies-. and/or... 22 A _DE1`IL7t3M l Kindergarten Computer Lab Activities 1996-1997 The follow€nc is a brief outline of the projects completed, s€ci€ls practice-d, and programs used in the Computer Lob. PROJECTS: Designs, Snowtfckes, Fall pictures, using drawing programs Quick corn picture of each student Create picture with background, selecfing objects; type name SKILLS: Name computer parts Draw tools - type name, fill tool, freehand tool Selecting items with moose - clfck, drag, position Recogniffan of letter and number keys on keyboard Keyboard, arrows, spacebar, return, escape PROGRAMS: Counting Cftfters { Fun from A to Z • 816 Point Memory t Mathosaurus • - Explore-a-story Storybook weaver My Own Stories ................................................ _. (19'97-1998 continued) 4 Teachers may seek assistance in computer Instructional design from Cathy Butler, after having provided her with a particular curricular focus pertinent to that grade level,.. andlor... • Teachers may seek assistance In computer instructional design from Alan Siegel, after having provided him with a particular curricular focus pertinent to that grade level... andlor... Groups of same-grade-level students may *buddy-up` in the classroom under•the supervision and instruction of one or two teachers from that grade level for miscellaneous large group activities, while the third teacher at that grade level provides software instruction for the group In the LIIIIC. Teachers still growing in their level of Macintosh expertise may occasionally choose this option to provide their students with quality computer instruction from a more experienced peen WHO IS RESPONSIBLE: Alan Siegel, Julle Harder, Cathy Butler, all classroom teachers 13 Grade 1 computer Lab Activities 996-1997 The fallowing is a brief outline of the projects completed, skills practiced, and prograrns used in the Computer Lab. P R 0,1 E CTS:-I type name Create ,picture with background, select ob1'ects, p and title or sentence. t Create picture showing who, what, when, where Create.picture with drawing program SKILLS: Name computer parts Draw tools - type name, fill tool, freehand tool Selecting items with mouse w click, drag, position ti Recognifron of letter and number keys on keyboard Key -ccrd1 arrows, spacebar. return, escape PROGRAM Path Tactics Patterns Memory 816 Paint < Troggle Math Pajama Scm Electronic Crayon On Stage f Explore-a-story Storybook weaver ADDENDUM 3 Grade 2 Computer Lair Activities 1996-199 ' ehe following is a brief outline of the projects completed, skills prccticed, and programs used In the Computer Lab. PROJECTS: Create poem with fifle; selectclip art Create picture with drawing program and write about It Create girds Create four page story; fine, beginning, middle, end SKILLS: Fonts - using different sizes center fifle edit with delete key, position cursor begin typinglkeybocrding PROGRAMS: Memory Mystery Objects Gertrude's Secrets Children's Wrlfing and Publishing Center PQjamc Sam Storybook Weaver ADDENDUM 4 f Grade 3 Computer Lab Activities 1996-1997 The following is a brief outline of the projects completed, skills practiced, and programs used in the Computer Lab. PROJECTS: `"1 ccn..." Ward processing using Mcrc�c Slate or 816 Pcint to draw what students can do, LVaerstudlo to write and draw N can..,', or Fall Fun themed card. Indian Chant Poem Word processing with clip art using Children`s Wrftina cnd Publishlna Center Chlsolm TraillOregon Trcil Stories written on Storvbock Weaver printed and recorded on VCR Classic "flip book'r animations created using Nvicerstudlo SKILLS: Typing/keyboarding - 7 days how to handle, Iced, change, and care for disks how to save and retrieve files painting tools fonts PROGRAMS: 816 Paint Children's Wri#ing and Publishing Center - - Miner's Cave Pajama Sam Path Tactics _ Magic State _ Hyperstudio Type To Learn �_ . . Storybook Weaver _ ADDENDUM 5 ` Grade 4 Computer Lab Activities 199 ►-1997 The following is a brief outline of the projects Completed, Skills practiced, and programs used in the Computer Lab, PROJECTS: Indian blanket designs created with the paint program Acrostic name poems created with Children's Writing and _ Puhd, ishina Center Mission Report Covers i Geld hush Stories, printed and recorded on VCR Path Animation, done on Hv,perstudlo Certltrcates Oregon trail Heraldry Paint Project _ SKILLS: ttypinv Ik=; bacrvlr,�C how to handle, load, change, and care for disks how to save and retrieve files painting tools editing color palettes inserting cllp art cut and paste delete and insert scan and insert 4 scrolling fonts - text sizes centered text path animation PROGRAMS: 816 Paint Children's Writing and Publishing Center Phonics Prime time timetlner Time Navigator _ � - Ho w the best Vas One Type to Team Pajama Sam ` = Oregon trail Hyperstudio Stcrybook Weaver _ _ . ADDENDUM 6 Grade 5 Computer Lab Activities 1996-1997 The following is a brief outline of the projects completed, skills practiced, and programs used in the Computer Lab. PROJECTS: December calendar pane State letters, created with Children's Writing and Publishing ,Center Invitations, letters, and "1 used to...but now 1...", created with Apple Works rime lines Student designed "Jeopardy" quiz games SKILLS: typing/keybocrding editing layout how to handle, load, change, and care for disks haw to save and retrieve files inserting clip art cut and paste scan and insert selecting icans fonts text sizes centered text database PROGRAMS; AppleWorks CladsWorks Children's Writing and Publishing Center Calendar Crafter Type to Learn Those Amazing Reading Machines Odell Lake and Odell Down Under Easy Photo Scanner - ` Timellner Pajama Sam Where in the USA is Carmen San Diego s a Adden um 7 I ntegratina Tech n olo . Grades DUMP PUBLISHING MULTIMEDIA ACtiMES KINDERGARTEN KINDERGARTEN • Crecte on illustration using Kid PIx or other Listen to and Interact with stories from CD_ draw program and dictate c sentence ROM discs. describing the picture GRADE 1 GRADE l • Read interactive stories from CD-ROM discs. • Create on Illustration using a draw program and write a sentence or two describing the • Add narration to text and graphics to create picture. ca teacher assisted slide show. GRADE 2 GRADE 2 • Introduce keyboarding skills • Add narration to text and graphics to create a teacher assisted slide show. • Create on illustration using a draw program and write two or three sentences describing • Telecommunications vic E-mcil to Key Pals. the picture GRADE 3 • Compose and illustrate a poem. • Create multimedia stories or a slide show about our town. GRACE 3 • Practice keyboarding and word processing • Use camcorder to capture class activities / skills. field trips. • Compose a friendly letter using Claris or the GRADE 4 Writing Canter. • Create a presentation In a curricular area using a multimedia aufticring program such • Combine text and graphics (La. greeting as Medictext or Hyperstudlo. cards, banners, report tiffs page, etc.) • Participate In on-line telecommunication • Keep +a log using a spreadsheet. project GRADE 4 GRADE 5 • Compose a business letter. • Create a project using Hyperstudlo that Includes graphics, voice, and anirnaflon. • Create a story or Ccllfornia historical reflection with graphics. • Participate in on-line Wl ecommunlccilon project. • Create a database or spreadsheet as a reading log. • Produce informational multimedia slide show project on American History. GRADE 5 • Compose essays, tetters, stories, reports with • Incorporate Into a research report a graphic text and graphics. from an electronic encyclopedia or the • Print graphs of class surveys or projects. Internet. T E C H N 0 L 0 G Y IMPLEMENTATION: CURRICULUM "Each One, Teach One" Teachers are key to successful learning. The essential first step in implementing a comprehensive educational technology plan is to educate the educators. Training for teachers in technology's practical applications and in strategies for its integration into the curriculum is the core of the WCSD Educational Technology flan, Research demonstrates that a training model using an "each one, teach one" approach is most successful in enabling staff members with varying levels of technical expertise to grow comfortably with technology. Teacher training begins with the appointment of a "Teacher Technology Mentor" at each site. The training and expertise these mentors receive will allow them to train other teachers and serve as in-house consultants on an ongoing basis. Mentor Teacher classrooms will be among the first in the WCSD equipped with teacher workstations, integrating the use of technology into the "classroom culture" and providing a model for students and other staff. More effective use of existing technological resources at each site is anticipated. Training for all teachers in the WCSD will be an ongoing process throughout the time period of the plan. At the end of this time, every classroom will be equipped with a teacher workstation. The delivery of technology to students will be accomplished over the same time period. At the end of five years every WCSD student will have access to technological resources via the Library Media Center. Emphasis throughout all five years will be on using technology to enhance established WCSD instructional practices and goals. Year 1 : 1995-96 OBJECTIVE To introduce a comprehensive plan to enhance curriculum and increase staff productivity through the use of technology. Students will be introduced to the practical applications of technology by teachers using computers for daily classroom tasks. New hardware and software will be added to 35 classrooms and Media Centers will be created in every school library. Existing hardware will be used more effectively. PERSONNEL & TRAINING Approximately 53 WCSD teachers will receive Level 1 training in teaching strategies, ergonomics, computer operation and basic applications, including word processing, database, spreadsheets and Internet access. [6/95] A core group from each site, consisting of a Mentor Teacher, a Support Teacher and a third participant (2 Mentors from WCI) will be "trained as trainers", by County Office of Education technology consultants. [6/95 & 8/95] Core group will then help train 40 additional teachers. s [Ongoing] Training for Mentor Teachers will continue throughout the year. Mentors and Support Teachers will provide onsite assistance to teachers as needed throughout the year. HARDWARE • 35 teacher workstations: AV compatible computers with CD-ROM drive and FAX modem • 35 inkjet printers • 60 Alpha Smart student keyboards DISTRIBUTION • 1 teacher workstation and printer in each classroom of Mentor Teachers, Support Teachers and teachers completing training (up to 35 total). SOFTWARE • Integrated software and reference materials MEDIA CENTER WORKSTATIONS • See "Implementation: Library Media Centers" YEAR 2: 1996-97 OBJECTIVE To expand the integration of technology into WCSD classrooms, increasing the number of teachers trained in strategies to teach technology and computer operations. Student workstations will be introduced into the classroom. Media Centers will include student workstations. PERSONNEL & TRAINING A total of 70 WCSD teachers will receive computer training in Year 2. Teachers trained in 1995 will receive Level 11 training, including advanced applications and teaching strategies from County Office of Education technology consultants. A new group of 35 teachers will be trained in Level I teaching strategies, ergonomics, computer operation and basic applications, including word processing, database, spreadsheets and Internet access, by Mentor Teachers. Mentor Teachers and Support Teachers will provide on-site assistance to teachers as needed throughout the year. New paid positions will be created to staff Library Media Centers, 15 hours per week per site. HARDWARE • 35 teacher workstations • 35 inkjet printers • 24 student workstations, current technology DISTRIBUTION • 1 teacher workstation and printer in each classroom of teachers completing Level I training 4 student workstations in each Mentor Teacher classroom SOFTWARE - Curriculum-specific, tied to WCSD textbook adoption cycle MEDIA CENTER WORKSTATIONS - See "Implementation: Library Media Centers" SUMMARY OF YEAR 1. 1995-96 AND YEAR 2: 1996.97 PERSONNEL & TRAINING A total of 90 WCSD teachers have received Level 1 training in teaching strategies, ergonomics, computer operation and basic applications, including word processing, database, spreadsheets and Internet access. Training for the Mentor Teachers has continued throughout the two year period. Mentors and Support Teachers have provided on-site assistance to teachers as needed throughout the two year cycle. HARDWARE & DISTRIBUTION A total of 70 teacher workstations including an AV compatible computer, printer, and desk have been distributed to Mentors, Support Teachers and teachers who have completed training. A total of 54 AlphaSmart keyboards were purchased and distributed amongst school sites. SOFTWARE Each site has purchased software and reference materials to meet its curricular needs. STUDENT WORKSTATIONS No student workstations have been purchased at this time. YEARS 3-5; 1997-1999 The addition of several staff members to each school site has lengthened the period of time necessary to provide a teacher workstation for every classroom. Many of the school sites have been able to move ahead of the district plan with the support of parent groups and outside resources. It is recognized that some sites would prefer to implement Year 5: Library Media Center during Year 3: the 1997-98 school year. Other sites will continue with the distribution of computers to teachers as outlined in Years 3 & 4 (see below). Sites may choose to implement the plan In this way if it better meets their needs. The common goal of all the sites will be to have fully implemented all phases of the district plan by the fifth year. With the completion of library automation during the first two years of the plan (see below), the focus of implementation can be that of curriculum integration in the LMC. Years 3-5 of the district plan relating to the Library Media Center will be integrated into the curricular part of this plan. Year 3: 1997-98 OBJECTIVE To expand the integration of technology into WCSD classrooms, increasing the number of teachers trained in strategies to teach technology and computer operations. PERSONNEL & TRAINING Additional WCSD teachers will receive computer training in Year 3. Teachers trained in Years 1 & 2 will continue to receive ongoing training including advanced applications, teaching strategies, and troubleshooting. All other teachers will be trained in Level 1 teaching strategies, ergonomics, computer operation and basic applications, including word processing, database, spreadsheets and Internet access, by Mentor Teachers and/or previously trained teachers. Mentor Teachers will continue to provide on-site assistance to teachers as needed. HARDWARE -35 teacher workstations (including computer, printer and table) -35 inkjet printers DISTRIBUTION -1 teacher workstation and printer in each classroom for teachers who have completed Level 1 training SOFTWARE Curriculum-specific, tied to WCSO textbook cycle MEDIA CENTER WORKSTATIONS -See Year 5 of the plan Year 4: 1998-99 OBJECTIVE To fully integrate technology into WCSD classrooms. All teachers will be trained in strategies touse technology as a tool for student projects. All classrooms will have teacher workstations. PERSONNEL & TRAINING All WCSD teachers will receive computer training in Year 4. Teachers trained in Years 1, 2 & 3 will continue to receive ongoing training including advanced applications, teaching strategies, and troubleshooting. All other teachers will be trained in Level 1 teaching strategies, ergonomics, computer operation and basic applications, including word processing, database, spreadsheets and Internet access, by Mentor Teachers and/or previously trained teachers. HARDWARE •35 teacher workstations (including computer, printer and table) •35 inkjet printers DISTRIBUTION, -1 teacher workstation and printer in each classroom for teachers who have completed Level 1 training SOFTWARE -Curriculum-specific, tied to WCSD textbook cycle MEDIA CENTER WORKSTATIONS -See Year 5 of the plan Year 5: 1987-98 or 1998-99 or 1999-2040 LIBRARY MEDIA CENTER OBJECTIVE To fully equip the Library Media Center at each site. LMC workstations and additional media equipment will be added to the LMC. (Note: some school sites may choose to implement this portion of the plan during year 3 or 4 of the district plan) PERSONNEL. & TRAINING Training in the use of Library Media Center equipment will be ongoing for teachers, staff, and volunteers. Media Specialists will staff the LMCs on a part-time basis with a goal of full-time coverage. They will receive training in methods to assist teachers and students in the effective use of LMC technology resources to support the curriculum t and student projects. HARDWARE & DISTRIBUTION •35 LMC workstations including AV compatible computers, CD-ROM drive, inkjet - printers •1 flatbed scanner per site •2 camcorders with tripods •1 color still videoldigital camera SOFTWARE -integrated software and reference materials Curriculum-specific software, tied to WCSD textbook cycle IMPLEMENTATION: LIBRARY MEDIA CENTER The Library Media Center plays a critical role in placing the technology's powerful tools and resources in the hands of all learners: students, teachers and parents. Here, ample resources and professional staff stimulate curiosity, creativity, and critical thinking. Library Media Centers are where teams of learners research projects, process information using software, and publish findings in print, on-line, and in multimedia representations. The process of information gathering, manipulation, and dissemination lays the foundation for lifelong learning, active citizenship and future employment opportunities. Index card catalogues will be replaced with automated catalogue and circulation systems. New acquisitions will gradually shift away from hardcopy reference books to CD-RCM and on-line resources that can be shared across networks. Learners will be able to access specialized collections in schools and universities across the country and around the world. Ultimately,-Library Media Centers will became "virtualized"- less important as a physical place and more significant as a gateway to a vast array of external resources that can be accessed from anywhere at any time: in the classroom, at home, or in the field. Mastering these resources prepares students for the digital landscape which awaits them in higher education, and in the global economies and virtual communities of the future. Year 1 : 1995-96 OBJECTIVE To develop Library Media Centers (LMCs) at each site, providing access to new and emerging technology resources for all learners. Equipment will be purchased to computerize library collections and provide multimedia carts. PERSONNEL & TRAINING Training in the use of Library Media Center equipment will be ongoing for teachers, staff and volunteers. Media Specialists will staff LMCs on a part-time basis. The School library media specialists will oversee the computerization and upgrading of the libraries. HARDWARE & DISTRIBUTION Per site: • 1 486 PC computer • barcode scanner and card • inkjet printer Multimedia Cart equipped with: • VCR and 27-inch TV monitor • laser disc player • AV compatible computer with FAX/modem to on-line connection - inkjet printer SOFTWARE • Circulation Plus and Alliance Plus • integrated software and reference materials YEAR 2: 1996-97 OBJECTIVE To expand the Library Media Centers at each site. Student workstations and additional media equipment will be added to LMCs, and library collections will became further computerized. New paid positions will be created to staff Media Centers, 15 hours per week per site. PERSONNEL & TRAINING Training in the use of Library Media Center equipment will be ongoing for teachers, staff and volunteers. Media Specialists will staff LMCs on a part-time basis. HARDWARE & DISTRIBUTION Per site: • 6 student computer workstations • 2 laptop computers • 1 flatbed scanner • 2 camcorders with tripods • 1 inkjet printer • 1 color inkjet printer • 1 still video/digital camera SOFTWARE • Catalog Plus • Integrated software and reference materials • Curriculum-specific software, tied to WCSD textbook cycle SUMMARY OF YEAR 1: 1995-96 AND YEAR 2: 1996-97 PERSONNEL & TRAINING Training in the use of Library Media Center equipment was ongoing for teachers, staff and volunteers. District Media Specialists now staff every LMC on a part-time basis. They oversee the computerization and upgrading of the LMCs as well as providing valuable help to teachers utilizing the resources of the LMC. HARDWARE & DISTRIBUTION A circulation workstation was purchased for every LMC which included a computer, printer and barcode scanner. A multimedia cart with a TV monitor, VCR, laser disc player and AV compatible computer were purchased for use in the LMC. No student workstations have been purchased. _ SOFTWARE Circulation Plus and Catalog Plus were purchased in order to automate the catalogand circulation systems of each LMC. Additional software and reference materials were purchased to aid teachers with their curriculum-specific needs. YEARS 3-5: 1997-1999 See "implementation: Curriculum" Years 3-5. Year 5 deals specifically with the Library Media Center. WALNUT CREEK SCHOOL DISTRICT ACTION PLANNING TEAM FOR TECHNOLOGY April 5, 1996 Dear Strategic Planning Group Members We are pleased to present for your review the work of Action Team # 3. The group was charged with taking the Walnut Creek School District Technology Plan and developing a more detailed plan for implementation. As you are aware, we are currently in the first year of implementation. In some areas we have moved into the second and third year of the original plan. We are excited about the positive effects that making technology available to teachers and students is having on curriculum and instruction. It is important to note that we have looked at technology as a concept fully integrated with curriculum, instruction and administration and=as a"stand-alone"subject. The plan does not address technology as a separate curriculum. In fact,we foresee not having a Technology Implementation Plan, in the same sense that we do not have an implementation plan for chalkboards. Technology affords us the opportunity to vastly improve the nature of instruction and to improve student achievement. Having considered the benefits and costs we urge you to consider the implementation of certain parts of the Technology Action Plan of highest priority. We make the following recommendations relative the priorities within the action plan. The sooner the better! Plan No. 3.4, Step 1: Provide each teacher and classroom with a teacher work station Step 2: Equip the School Site Library Media Center Step 3: Hire Library Media Specialist for 15 hours per week at each school Plan No. 3.6.2 Confidentiality of student files On-going Plan No. 3.2 Staff Development Plan No. 3.1: Curriculum Development Plan No. 3.3 Instruction and Applications Plan No. 3.5 Curriculum Assessment Plan No. 3.6.1 Steps 8-13: On-going training and use of existing SASI modules Later, but not too long off Plan No. 3.4 Step 7: Equip classrooms with networked student work stations Plan No. 3.6.1 Steps 16 and following: Convert to SASIxp Plan No. 3.7 Network Plan No. 3.6.3 Site and District Electronic Bulletin Boards The of implementation of the District Technology Plan will powerfully affect our ability to accomplish the mission of the Walnut Creek School District as we move into the 21st century. We thank you for your thoughtful consideration of the Technology Action Plan. Sincerely', < Action Tearn ,� 3: Technoloay Waiawc Creek School District Action Plan for Strategy No. 3 TECIL IOLOGY Curriculum Q 3.1 Curriculum Development Teachers will use technology as an instructional and learning tool to support the California Frameworks and reform documents, as well as WCSD curriculum guidelines. 9 3.2 Staff Development Classroom teachers will be provided with ongoing staff development to increase their own productivity and incorporate the use of technology in the classroom. 8 3.3 Instruction and applications . Students will use technology as a tool for curriculum productivity and communicating information in most curricular areas. 8 3.4 Technology Resources in the Classroom/Library Media Center Equip each classroom and Library/Media Center with the appropriate hardware and software necessary to effectively support the curriculum at each site. 3.5 Curriculum Assessment Evaluate and modify the use of technology to determine its effectiveness for students and teachers, regularly. 2 3.6 Administration S 3.6.1 SASi(schools Administrative student Information System) Administrative function will be streamlined by providing teachers and staff with access to information required for administrative tasks through an easy-to-use computer-based system. Q 3.6.2 Confidentiality of Student Data Files Confidentiality of student data files will be protected through a system of restricted access. Q 3.6.3 Site and District Electronic Bulletin Boards Teachers and staff will be provided with access to daily bulletin,district and site calendars, room availability, library functions and other information via a computer- based system, from classrooms or outside locations. 9 3.7 Networks . Q 3.7.1 Set District Network Goals and Priorities. (Completed) B 3.7.2 Establish Baseline Network Configuration based on curricular and student data needs. (Completed) 9 3.7.3 Implement District Network flan. Walnut Creek School District Action Plan for Technology Strategy No.-3. Plan No.m3.I. Specific Results. cafe: 41261960 Curriculum Development Teachers will use technology as an instructional and learning tool to support the California Frameworks and reform documents as well as WCSD curriculum guidelines. ACTION STEP AsaicrsdTo 1. Revise and publish the curriculum plan document from the Educational Technology Plan. 2. Disseminate plan to individual school site administrators. 3. Provide liaison to school sites to assist with implementation of the curriculum on an as-needed basis. 4. School sites develop strategies and allocate time for activities required to meet the requirements of the curriculum plan, based on site resources. 5. Site will establish a portfolio of curricular activities -- incorporating the use of technology. 6. Conduct yearly evaluation of the integration of curricular areas with technologies,and implement modifications as needed. I i l 3evision 5- -1i26/19-o 'Ala r:r --reek Scnoo; Oistr C_Technology Action Pfau Page lalnut Creep School District Action Plan for Technology Strategy No.—3. Plan No.-3.2. date: 4/26/96. ecific Results:: Staff Development assroom teachers will be provided with ongoing staff development to increase their own .oductivity and incorporate the use of technology in the classroom. ACTION STEP ad To -Stuft Dai Dug Dale coMOPW Provide services to assist in establishing uses/purposes for technology in the classroom. • Define baseline levels of competency for use of technology. • identify resources for ongoing staff development. Implement inservice training to achieve competencies and goals as addressed above. • Mentors will assess needs and plan staff development for phasing each level of teacher training. Publish and distribute district technology staff development goals. Create incentives for improved performance such as: • Recognizing each level of technical competency with certificates of achievement and notation in personnel file. • Give units of credit towards salary advancement upon completion of approved training. • Provide release time to attend technology conferences. • Examine other potential incentives. 1 on 5- 4/25i56 Walnut Oreek scticci oistrict Tedinology Adan Plan Fuge 2 Walnut Creek School District ; Action Plan for Technology _ Strategy No. 3. Plan No. 3. 2.9 Date: 4125/96. 5. Provide opportunities for articulation of technology practices among staff, as well as further staff development. Recommended methods: • Staff meetings • Inservice days • User groups • Roving substitutes • Grade level collaboration • Site and district bulletin boards • Web site 6. Involve students and parents in teaching others, and teach students to help with technical support and "on the Job training." 7. Teachers, staff and volunteers will be trained in the use of Library/Media Center equipment. s t !s! {s I I I i t 1 s i S t 4ev4m;on 5 4126/95 WainLt Creek sanoci oistrict Tecthnokogy Action Plan Pace 3 lnut GI*eek School District *-firm Plan for Technology Strategy No.-3. Plan No,-3.3. Date: 4126/96. ific Results: 3truct€vn and Applications i ants will use technology as a tool for curriculum productivity and communicating information in curricular areas. ACTION TEP M&9412 ta cam Communicate grade level technology goals to all classroom teachers through meetings, memos, and newsletters. Expose students to a wide variety of technology tools as determined by the Technology Plan. Design and incorporate lessons and assessment in which students use technology through written work, multi-media projects and on-line communications appropriate to their grade level (as per the Technology Plan). Examine student products as a means to review and revise instructional design. jor,5- 4,25x_5 Walnut Creek SChOOJ Oi5t:'iCt;ec;nology Action Plan Page 4 Walnut Creek School District Action Filen for Technology Strategy No. Plan No. 3.4. Date: 4/26/96. Specific Results; Technology Resources in the Classroom/Library Media Center Equip each classroom and Library/Media Center with the appropriate hardware and software necessary to effectively support the curriculum at each site. ACTION STEP COMI)$0 I. Provide each teacher and classroom with a teacher workstation, with attention to the unique needs of departmentalized programs and their effect on teachers who share classrooms. 2. Equip the School Site Library Media Center with an array of technology that allows easy access to information resources and services. • Order circulation software and barcode scanners for each library. • Order software conversions for WCI and Parkmead. • Order and install catalog software and provide training for its use. • Purchase video and scanner hardware for each MMC • Purchase 6 student work stations for each site. 3. Hire Library Media Specialist for 16 hours per week at each school site, and provide training in the use of the equipment for library aides and parent volunteers. Provide sr udents with access to online services t from the Library Media Center. Link classrooms to Library Media Center through a Local Area Network (LAN). Select educational software programs across the curriculum to enhance student ability to access and communicate information, including software for all students with special needs. 3 Equip classrooms with networked student work stations. Train teachers in the use of the Library Media .,enter. { s E ri on 5- :;25, 6 ` ainut Creek Scnoci oistrict Tec snciogy Aeon Plar: ?age 5 fal ut %".%.reek School District lection Plan for `technology Strategy No.—3. Plan No.-3.5.. Date: 4/26/96. ccific Results: curriculum Assessment -aluate and modify the use of technology regularly to determine its effectiveness for students and .chers. ACTION STEP AB s¢ Data Conduct regular ongoing reviews to assess the impact of technology on the curriculum, including surveys of student and teacher proficiency. I Determine the number of students who have computer access at home. Use the results of the program assessment to monitor and adjust program development and implementation. Integrate assessment of student progress Into the District Assessment Pian. 1 i r f � 1 i k i ',V2:nui geek Smoot District i echnoiogy Acton Plan Page 6 Walnut Creek School District Acfion Flan for Technology Strategy No. Plan No. 3.5.1 . Date: 4/5/96 Specific Results: Administrative functions will be streamlined by providing teachers and staff with access to information required for administrative tasks through an easy-to-use computer-based system. ACTIN STEP Assigned Starting Due Completed to: date: date: date: 1. Purchase and install computers in all administrative offices at x the school sites and in the district office. 2. Purchase and install a server and mini-network connecting all x administrative offices and the library at each site. 3. Purchase and install SASI III at all school sites and at the x district office. I 4. Provide training for all site secretaries and site administrators ! x and the district attendance clerk on SASI III Basic Applications E (Student Data and Attendance modules). 5. Establish standard student data screen and codes. x 6. Initiate use of Student Data module. x 7. Initiate use of Attendance module. x 8. Provide on-going training for implementation of additional modules. 9. Initiate use of Discipline module. 10. Initiate use of Emergency Information module. I11. Initiate use of Health module. i r 12. Initiate use of Counseling module. I I3. Initiate use of Test Histon modl.:ie. Walnut Creed School District Action Plan for Technology Strategy No. Plan No.-16. . . Date: 415i96 Specific Results: Administrative functions will be streamlined by providing teachers and staff with access to information required for administrative tasks through an easy-to-use computer-based system. ACTION STEP Assigned Starting Due Completed to, date: date: date: 14. Establish a local area network(LAN) at each site. 15. Provide computers in each classroom. 16. Convert to SASIxp. 17. Purchase and install Classroom Module and Grade Book/Portfolio at all sites. 18. Provide training for teachers on Classroom Module, and Grade Book/Portfolio Module at all sites. - 19. Initiate use of SASI Classroom. 20. Initiate use of Teacher Grade Book. 21. Provide ongoing training and support for modules in use. 22. Purchase and install Food Services Module. 23. Provide training for Food Services personnel and site secretaries. 24. Initiate use of Food Service _14od,de. 25. Establish a district wide area network (Wv k�. 26. Move S ASI to the district serve-. � Walnut Creek School District .Action. Plan for Technology Strategy No. � Plan No. 3.6,2 , Date: 4/5/96 Specific Results: Confidentiality of student data files will be protected through a system of restricted access. Assigned Starting Due Completed ACTION STEP to: daze: date: � date: 1. Establish uniform standards that insure that information available via computer dues not violate confidentiality policies. 2. Establish a system of access code level to regulate access to student data. 3. Implement system of access code levels. R R i i E E d t S 1 F Walnut Creek School District Action Flan for Technology strategy No. 3 Plan No. . .3 Date: 4!5196 Specific Results: Teachers and staff will be provided with access to daily--bulletin, district and site calendars, roam mailability, library functions and other information via a computer-based system, from classrooms or outside locations. Assigned Starting Due Completed ACTION STEPS to: data dater date: 1. Install a local area network(LAN) at each site and at the district office. 2. Provide trainitig for site staff on the function, operation and maintenance of a site computer bulletin-board. 3. Establish bulletin boards at each site. 4. Past appropriate documents site, i.e., weekly/daily bulletins, special announcements, site calendar, staff handbook. t 5. Post, at each site, appropriate district documents provided by the district. (This may be discontinued upon establishment of the district wide area network(WAN)). . 6. Establish a district wide area network(CVAs'). , I 7. Provide training for district staff on the functions, operation and maintenance of a district computer bulletin-board. 8. Designate person who will oversee the operation of the district l computer bulletin-board. 9. Post appropriate district documents, i.e., special announcements, weekly/daily bulletin, district calendar, board = agendas and minutes, mee=* g roam schedules, district policy manual, committee minutes, strategic plan documents. � Walnut creek School District Network Technology Action Plan Strategy No. 3 Plan No. .7.f Date: X126/96 Specific Results: Set District Network Goals and Priorities # Assigned Starting Due Complete Action Step to Date Date Date 1. Define District network goals WCTCP 9/94 5/95 -physical information networks within each school site -vertical architecture -horizontal architecture -intersite architecture -external architecture 2 Establish District netw&k'prioriiies WCTCP 9/94 5/95 -intrasite -intradistrict -extradstrict 3. Define method of decision-making WCTCP 9/94 5195 4. Define network relationship to curriculum,administration,teachers,and WCTCPf 9194 Ongoing ` students Districtf Mentor ' i ' 3 t s } i A./alnut creep School District etwork Technology Action Plan Strategy No. 3 Plan No._ 3,7.2 Gate: 3126196 rcific Results: Establish baseline netmodS configuration based on curricular and student data needs. Action � Assigned Starting Due Complete A t } to Cate Date Date 1. Determine configuration of LANs for all district school sites WCTPC 9194 5195 -Establish fundonardy+ -Define minimum capabifrty -Set connectivity type Define WCSD standard for network hardware WCTPC 9194 5195 -wiring -routers, /tubs -servers -other hardware as determined by intra-and extra-district policy J. Establish baseline configuration for each classroom WCTCP 9194 5195 •Adjust baseline as determined by grade levelIcurricular needs Mentors/ Principals 4- Establish baseline configuration for each library WCTCP 9194 5195 -Adjust baseline as determined by grade level/curricular needs Mentors/ Principals Establish baseline configuration for each laboratory WCTCP 9194 5195 -Adjust baseline as determined by grade levelkurricular needs Mentors/ Principals b:" Establish baseline configuration for each administrative office WCTCP 9194 5195 Adjust baseline as determined by site needs Districts Principals i� E Walnut creek School District Network Technology Action Plan Strategy No. 3 Plan No. 3.7.2 Date: 3126/96 Specific Results: Establish ba eline network configuration based on curricular nd student data needs, € Assigned Starting Due Complete Action Step to Date Date Date 7. Establish baseline server. WCTPC 9194 5195 & Establish baseline communications router. WCTPC 9/94 5195 9. Define baseline shared equipment WCTPC 9194 5195 10. Define WCSO standards for interim network implementation WCTPC! 9195 Ongoing -Set baseline standards for software and hardware District -Establish cost-to-benefit limits , -Set ground rules for installation of network hardware requiring f capital improvements - i : 4 i I i l � Nalnut Creek School District Jetwork Technology Action Plan Strategy No. 3 Pian No. 3.7.3 Date:-1/26196 Specific results:Implement_D`sstdct Network Plan. Assigned Starting Due Complete Action Step to Date Date Date 1. Prepare requirements analysis WCTCP/ 9/94 Various District sits lurked -determine location/physical topology Tech to MPP -establish reliability and traffic CoordJ 346 -set architecture and standards MPP Arch to -distinguish essential project items from'desirable-but-non- 92002 essential' -prioritize'desirable-but-non-essental` - -establish network functionality -develop baseline security requirements and establish access standards Create network design • . -define projects -categorize projects by complexity from those that require no changes to those that require changes to physical plant and design review approval 3. Prepare proposal for LANs Secure bids . Analyte costs and develop budget v: Develop framework for implementation timeline WCTCP 9/94 5/95 -define essential prep work -define preinstallation tasks -define installation steps -define post-installation tasks Set implementation timeline WCTCP/ 3/96 ' District Tech Coordl MFP Arch Walnut Creek School District Network Technology Action Flan Strategy No, 3 Plan No.--a.7.3 Date: 3/26/96 Specific Results: Implement District Network Plan # /� �� � Assigned Starting Due Complete to gate Date Date 8. Establish baseline maintenance requirements WCTCP/ 9/94 Ongoing District -establish in-house capability Tech -define maintenance needs not met by e�dsting resources Coord -secure maintenance agreements 9. Establish baseline technical support District 9/95 10/95 -define tasks -establish job description -hiring staff { 10. Define training needs District/ 9194 E Ongoing Mentors -secure agreements to provide baserme training 11. Define process evaluation District 9/95 Ongoing 1 s i z t i e Strategy No. 3 Cast-Benefit Analvsis Plan No. 3.1 Date: 3/26x56 3.1 Curriculum Development eachers will use technology as an ins=ctional and learninag toot to support the California Frameworks and reform documents as well as WCSD curriculum guidelines. Costs Benefits Tangible Tangible Minimal cast of publishing these parts The portfolio will allow teachers to of the technology plans which deal decrease work load involved with with curriculum. (Costs can be covered developing new lessons. Freeing by existing programs) time for other activities. i i - Intangible Intangible Teachers and administrators must Teachers are more comfortable with implement another plan into their the district goals in technology. existing curriculum. Sites are able to develop technology Time to examine the plans elements. Plans based on district guidelines. , I Time will be taken from faculty Sites are able to develop plans based i meetings and release days to deal on their individual site needs. # with this issue. Teachers will be more willing to try 1 lessons that have worked in other classrooms. I Use of technology will increase. i Strategy No. 3 Cost-Benefit Analysis Plan No. 3.2 3.2 Scarf Development Date:3146196 Classroom teachers will be provided with ongoing staff development to increase their awn productivity and incorporate the use of technology in the classroom. Costs Benefits Tangible Tangible Mentor stipend for planning/providing Mentors would have the opportunity to summer training- learn while teaching. Mentors would 10 days @ $100 each $1000 be better able to assess staff needs in the area of training. Teacher release time to attend _ technology conferences and seminars Conferences and seminars provide t 50 people @ $200 per $10,000 training and ideas on how to integrate technology into the classroom. i { , ; Intangible Intangible s Teachers out of the classroom Recognition of extra time spent will disrupts the classroom program for increase job satisfaction for mentors. students I Teachers enthusiasm for technology will be increased. Increased awareness of new developments in hardware and software. New projects and ideas can ; be shared. Increased communication between peers. Increased staff morale as a result of recognition for interest in techncicgy. _. i , ; � c Strategy No. Cost- Benefit Analysis Plan No. 3.3 3.3 Instruction and Applications late: 31261C-6 Sn;dents will use technology as a too( for curriculum productivity and communicating information in most cumcular areas. Costs Benefits Tangible Tangible Costs are covered in other portions of Assessment and instruction will be this document. more in line with skills needed outside of school. Making these more authentic and cost effective. Intangible Intangible Time and resources needed to Students will produce products s communicate goals. utilizing state-of-the-art materials. Teacher overload with new material. Assessment will utilize these new highly motivating materials. Student interest and products will improve. Teacher use of technology will increase. Teacher instructional design will l im prove. x 1 <►^ .} Analysis No, Cost-Benefit Analysis Plan No. 3.4 Date.- 3125106 3.4 Technology Resources in the Classroom(Library Media Center Equip each classroom and Library Nedia Center with the appropriate hardware and software necessary to effectively support the curriculum at each site. Costs Benefits Tangible Tangible Purchase teacher workstations for Provides equal access to resources teachers entering into stage 1 training. for all staff. Able to expand the 35 workstations @ $3200 $112,000 workstation for networking and E-mail Able to add a monitor for whole class instruction. Students and staff are able to see the uses of a computer in daily situations. Facilitates teacher training. Improved teacher productivity and efficiency. Intangible Intangible Repair and maintenance of hardware Staff benefits from increased productivity and competency. Time required to leam how to utilize the workstation. Students benefit from teacher confidence and competency in Teacher reluctance to utilize utilizing hardware and software. technology. Parents recognizing the use of Teacher reluctance to undertake technology in the classroom. summer training. 3 s f i l l l f Strategy leo. 3 Cost-Beneff"t Analysis Plan No. 3.4(2) Cate: 3/26/96 Specific Results: 'Technology Resources In the Classroom/Library Media Center (2) Costs Benefits Tangible Tangible Equip each LMC with an array of Most effective way of providing equal technology that allows easy access to access for all students. resources and services. More time on the computer for all t 6 student workstations per site students. $11,000 x 6 sites $66,000 Multimedia presentations can be Video and scanner hardware produced in the LMC more efficiently. $5,000 x 6 sites $30,000 Student work can be reproduced Catalog software for LMC and used in projects. $1500 x 6 sites Collections of videos can be updated using TCl resources. Decrease in lost materials. Intangible Provides a training site for ongoing staff development. Time and resources for equipment set up, maintenance, and repair. Training for media specialist. Library space considerations. Intangible Storage space. Student pride in work that incorporates multimedia resources Memory requirements for scanner Student access to updated resources utilization. is facilitated. Ordering and cataloging time is Students are able to integrate required. electronic and print resources. Maintenance of the library Students and staff can immediately collection. find resources available, status of the collection is current. Student's frustration with not finding materials is reduced since the have access to current collection lists. Strategy No. 3 Cost-Benefit Analysis Plan No. 3.4(3) Elate. 3/26156 Specific Results: Technology Resources in the ClassroonVUbrary Media Center (3) Costs Benefits Tangible Tangible Hire a 15 hours per week Media With a qualified LM specialist, Specialist. students are able to create and $8,000 x 6 sites 5 ,000 present more sophisticated projects. Provide access to online services LM specialist is a great liaison $500 x 6 sites $3,000 between staff and mentor. Better able to assist teachers during class time. Better coordination of curriculum and projects. Wealth of information on the net. Communication via E-mail. Increased access and utilization of Intangible technology resources. Staff will want to utilize Media Specialist more than time available. Increased training and trouble- shooting to facilitate computer use. Students need to be supervised. Access to prohibited web sites. Intangible Hidden costs of online services. Student access to computers is enhanced. Facilitates equal access. Frustration of getting online to work. A school web page provides a real- world audience for student work. _. Teachers feet supported. Library time more effectively uriilized. E Strategy No. 3 Cost-Beneflat Analysis Plan No. .4{4} ©ate;me/96 Specific Results: Technology Resources In the ClassroomA-Ibrary Media Center {4) Costs Benefits Tangible Tangible Link classrooms to LMC through a LAN. Better communication throughout Purchase hardware specific to site school. needs(eg. hubs, routers, storage devices) to further extend the LAN. Access to library collections $2000 x 6 sites $12,000 facilitated for students and staff. Allows completion of partially completed systems. Best utilization of available materials. (Many systems are near completion but are not yet fully functioning.) Intangible Intangible Time and access to rooms. Quick way for teachers to buy in to technology because everyone can Maintenance and repair casts. use it with no prior knowledge. Frustration when system goes Portfolio compilation is enhanced. down. Increased teacher/teacher Teacher learning of new communication. system. Increased administration/leacher j communication. I _t Strategy No. Cost-Benefit Analysis Flan No. 3.4(5) Date:3126196 Specific Results: Technology Resources In the Classroom/Library Media Center (6) Costs Benefits Tangible Tangible Equip each classroom with a student Student access to computer workstation. time is increased. 35 Q $2500 $87,540 Student productivity and use of technology will be increased Intangible Intangible Space limitations. Facilitates teacher incorporation of technology into the classroom. Power access issues. Student and staff enthusiasm for technology is increased. 7 f tt i Analysis Strategy No. 3 Cost-Benefit o t."` f t Analysis► Plan No. 3.4(6) Date:3/26190- Specific /26 90Specific Results: Technology Resources in the ClassroornA-ibrary Media Center (6) Casts Benefits Tangible Tangible Purchase software and other materials. Expands software resources available $25,000 allocated by ADA to students. Provides access to updated materials. Facilitates teacher and student use of materials. Intangible Intangible Takes a lot of time to learn new Facilitates teacher use of technology. software. Aides in teaching of various subject Time far decisions concerning areas. desired software. Programs can make learning experiences more enjoyable. l I { Strategy No, 3 Analysis Pan No. 3.5 3.5 Curriculum Assessment Date:3J2136t` 6 Evaluate and modify the use of technology regularly to determine its effectiveness for students and ceachers. Costs Benefits iangible Tangible Many casts are already covered by allocated mentor funding to conduct ongoing reviews of technology use. 1 Intangible Intangible Time needed to conduct reviews. assessment will incoroorate Teacher and mentor overload. technology use when appropriate. T eachers are more willing to utilize technology when it is part of district expectations. Quality of technology use in curriculum delivery will increase. { 1 s t I F 3 i i No. I COST-BENEFIT N kLis 3.6 D.A:—,z: 415196 3.6 Administration cas-1 S BF-mum 7 angible.- As systems are implemented and is elevated On-going training for elementary secretaries(and principals): schools will experience less of a need for more J half-days substitutes for 5 sites $200 clerical assistance. 3 half-days for implementation S200 3 half-day trainer fee $750 Total costs for additional training SIS LAN (see networking action plan) ? 4. Computers in each classroom ? (see curriculum action plan) Convert to SASlxp ? Ir.!angible.- Classroom Module S 1,800 x 6 sites S9,000 Training for site mentors As systems are implemented, offices will experience -with; - 7 full day substitutes for mentors $560 a greater efficiency in dealing w .student data. 7 full day substitutes for secretaries S560 I When systems are fully m plemented sites and the Total for Classroom Module S10,1201 district will have better access ss to student data on w which to base decisions. Food Services Module S1,800x6sites . S9,00a When Food Services Module is ii,—plemented Training for Food Services Personnel everyone will be relieved of much,anxiety about lost and site secretaries and DO lunch tickets,hours of secretarial time will be saved. 5 half-day substitutes for secretaries 5200 6 half-day stipends for Food Service Personnel 5215 When classroom attendance system is implemented, f '�e—Total for Food Services Module 5 9,425J any teacher sill reluctant to use tll.-computer may find that it is indeed not a scary proposition and WAN develop interest Ln using computers for other (see networking action plan) ? applications. Total non-hardware cost 520,645 excluding conversion to SASlxp Intangible.- Some staff members may becon nt mustmre'4 iex—nmg new programs. Some frus—zation -mav --.sult 1-rom inconsistent data enz:- at eariv levels wn-piementatior. Walnut Creek School District Network Technology Cost-Benefit Analysis Strategy No.3 3.7.1 Set D;stnc:Network Goals and Priorities. (Completed) Plan No. 3.f. Date: 312�Iac Costs Benefits Tangible Tangible • District established goals for network technology use in classroom and administrative environments provide framework for efficient and effective support of curricular and staff development • Networking can be implemented as needed to support curriculum and administrative needs • Decision-making is linked to cost-effective solutions • Pre-established priorities provide capability to phase-in implementation of network technology in a resource limited environment ; Intangible • Established methods of decision-r^akino ensure ' • Increased cost of plan due to technological due-prccess and accountability for inevitable plan changes modifications as well as reassessment of priorities • Relationship of network technology to curriculum, administration, teachers, and student is clear Ensures changes to the plan retain priorities and suppor, established goals • Provides --fear mechanisms for change • Classroom changes from the physical classroom structure to a virtual access structure where informaricn is available to students and teachers at any time and from anywhere Intangible l • Saves staff time by eliminating am;.;guity fpr effecting --hange • Ability tc take advantage of opcor t.;nfties is expedited as less assessment and research time is needed • Advanced planning is more effective I I i ! i _. Walnut creek School District --Network Technology cost-Benefit Analysis Strategy No. 3 3.7.2 Establish Baseline NetworkCon::suratiotr based on curricular and srudent data needs. Plan No. __17.2 (Completed) Date: 3/26/96 Costs Benefits Tangible Tangible • Assures compatibility of all equipment • Provides opportunity for group purchases and pricing • Simplifies technology acquisition and configuration Facilitates troubleshooting • Decreases lost time due to equipment failure Minimizes parts/equipment inventory requirement fntangr`ble Intangible i • Staff efficiency improves with standardization of resources • Standardization curbs maintenance and training costs • Facilitates staff development and cooperation • Encourages cooperative learning and resource and programmatic sharing 1 a I i Walnut geek School District Network Technology Cost-Benefit Analysis Str2tegy No. 3 3.7.3 Ire pletnerit District Network Plan. 'Plan No. 3.7.3 Date: 3/26lG6 Casts Benefits Tangible Tangible • Costs dependent upon extent and timing of Action Step 1: integration with master facilities plan renovation. • Explains and justifies development of network Cost analysis should be conducted by appropriate technology consultant in collaboration with the designated • All major network issues are uncovered and district technology coordinator and district facilities explained planner(HKIT) Standards are .made explicit Action Step 2: • Allows overall network implementation to be completed as a series of smaller projects when appropriate and take advantage of components + i which do not require capital improvements or outlay of significant financial resources. • Highlights necessary design diiierences site by l site and insures intradiszrict c.-mpatibility • Accelerates the integration and ,.:se or ,echnoitogy Intangible based information and its impact tf:e • Coordination of network implementation individual classroom school site renovation could/will increase cost and Action Step 3: # complexity of established master facilities plan for Enables District to seek ;omea rive digs '10i- each oreach site project • Cost savings by building network infrastructure in Action Step 4: conjunction with facilities upgrade rather than as District is able to obtain cost analysis Project an independent project could/might be significant based on several perspectives Action Step 5: • District is able to assess ::os, o`total project and refine implementation of;ietwcrx plan based on timing of project and resource avaiiabiiity Action Stec 5: • Distrix is able to adjust work anc asscc:ated costs to ,meet District revenues • A road map of all the events reg..red tc complete the classroom, school site, anC veail network j projects highlights the ;bstac,es c diificulties both technical as well as �rgar.ic- a; allowing i time to comcensate -., .t:em. E I f Walnut Creek drool District Network Technology Cost- enefit analysis Strategy No. 3 Plan No. 3.7.3 Date: Costs Benefits Tangible Tangible Action Step 7: * Costs and work can be coordinated with other capital improvement projects to effect greater overall cost savings Action Step 8: • Maintenance costs can be anticipated and controlled • Timely attention to problems ensured Action Step 9: • Support person intimately understands District priorities and network design for more efficient Intangible assistance Action Step 10: • Ensures proper training of all staff so that they can effectively utilize network resources Action Step 11: • Ensures that only the most effective means are supported • Provides for planned reassessment of needs and value of network to the overall district curricular mandate Intangible Action Step 1: Proper security systems at onset will ensure minimal loss and/or minimal impact resulting from breach of security Action Step 8 and 9: • Time savings resulting from efficient response for maintenance and troubleshooting Action Step 10: • Development of new ways to improve productivity and to integrate technology into everyday tasks and the classroom environment The Contra Costa Educational Television Consortium Background Briefing Paper BACKGROUND Several Contra Costa County educational institutions, including Mt. Diablo Unified School District Adult Education,California State University Hayward and Contra Costa College have been broadcasting telecourses during the last several years, through CCPV, the county governmental channel. Recently, however,as the county's own programming has to increased, the available airtime for education has become very limited. Rather than just leaving us out in the cold, however, the county has suggested that a new county-wide educational cable channel be established and a consortium of educational users be set up to manage it. The county contacted its educational programmers and other potential users of such a channel and since September 1998 we have been meeting with the county to develop a plan of action. The group calls itself the Contra Costa Educational Television Consortium. PURPOSE The purpose of the CCETC is to establish and operate a dedicated cable television channel to serve educational institutions in Contra Costa County. APPROACH Rather than try to negotiate with the cable companies directly, the consortium felt that it would be desirable to work with the city cable coordinators, a group composed of those officials in the county who have responsibility for cable operations in their respective cities. It is expected that the coordinators will persuade their cities to require the cable companies to provide the desired channel and various related services. The fact that most cable franchises in the county are due for renewal within the next two years makes this a perfect time to pursue this approach. MEMBERS The five organizations that have been most active in the consortium include Contra Costa County Television Mt. Diablo Unified School District Adult Education Contra Costa College CSU, Hayward County Office of Education A list of participating individuals and organizations is attached. BUDGET It is estimated that the operating costs for the channel will be$400,000 in the first year, going up to$600,000 by the fifth year. There will also be costs for a technical feasibility study,possibly around$ 0,000 and capital costs for equipment. It is proposed to finance,the operation of the channel by a fee of 25¢per subscriber per month. Cities in the county would require the cable companies to collect this fee and pass it on to the consortium. Because federal cable legislation allows cities to negotiate with the cable companies for equipment and facilities, it is hoped that the cable companies will provide all of the infrastructure needed by the channel. OPERATIONS While the ultimate operation of the channel is still to be decided,one model that is seriously being considered is that used by the Sacramento Educational Cable Consortium. It is set up as a nonprofit organization with a board of directors composed of one person from each of the member organizations. The boardestablished the consortium`s policies and hired an executive director who in turn fired a minimal staff(e.g. programrnn ing director, promotions manager, technician,etc.)The bulk of the programming however is provided directly by the consortium members. TIMELINE We would like to have the new channel in full operation by April 2001. This would allow semester-based instruction to begin in the Summer of that year. prior to that date there are a number of other steps such as gaining the support of the cable coordinators, negotiating with the cable companies,completing an engineering feasibility study,installing the infrastructure, and hiring staff. 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'�1�,�• �'"r` a 3 ,1a �: �sfi b h` .F g. • " nf�F rpA '� � §# � �� k';�> s✓���i„4 Fsr a3:. k r s ��`fi ��*�� � a s:�"St^.4 M-n sy{7{ -� .�3 � �+rfair,; ��'3'p rya ; t s 6� �s�a.• } y � �:A 's+» � �� Y3ir Aga ,£ � £B f' a v� r c �R# . as >� � c.r�+k.w.- '�..Y «,5Y :7 <t"x• a t. .„ .r ,� •v: .'may, y '� � tt .ac -. a #to�'Ar r s s# 32+ :t ♦� �• �> .<< a- � Xt, s it q a > p.a l;y-'- y '" q�+'t{• n } Y Y •`'"'S. 4F� 'r'.8$�'T 4 VA .} k ""+' m CCETV Budget 1 it}tiatlon tactor: 1 10% ___ Year 1 bear 2 Year 3 Year 4 Year 5 Cash Balance Pricsr Year _ 5 ' S 63,271 $ 95,400 S 99,813 l S 7,038 Revenues ------------ fee pet Ctt Jrttf� $ 0.,u5 $ 0.251 $ 0.25 i $ 0.25; S 0;25' of subscribers 165000 16503 0{ 1650017 165000 1z36 TotalIncomelmo # S 4 1.250# ,S 41,2511 3 $ 41,2501 $ 41,250: S 412513 Total income!yr_ _ i $ 455,304 , $ 495,000 i $ 495,000 $ 495,fl90 S 495,404 Interest lncorne i S 1$ 2;531 $ 3,816 S 3,993` S 3.152 Grants :S ; $ $ 5,000 , $ 10,060 $ 15,000 Other Revenue I S - i $ - $ 51000 i 3 10,000 S 15,604 Total Revenue _ _ f $ 495,000 ; yy 497,531 IS50818161S 518,993 S 528,152 Total Cash 1 $ 495,000 S 560,802 S 604,215 : $ 618,806 S 607,200 Expenditures # i - Personnel - Executive Director S 66.356 $ 73,063 ' $ 803133 $ 88.333 $ 97.166 frogram Coordinator $ 37,218 , $ 40,940 a $ 45;434 : $ 49,537 S 54,491 EditorNidec3 ra leer $ - $ 30,060< $ 33,0001 $. 36,366 $ 39,930 Promotional Coordinator $ $ 1$ 24,204 t S 26,620 $ 29,282 Office Mana er $ - i $ $ - [ s 25,200 $ 27,720 Office Assistant $ - 1 $ 1 $ i $ 22,050 - $ 24,255 Tem .Part Time Is 2,500 1 $ -27750-TS 3,0251 $ 3,328 - $ 3,650 Producers $ - I $ 1,000 + $ 1,144 i $ 1,210 S 1.331 Studiot3 erators 1 - i$ 1,644 , $ 1,100 ; s 1,210 S1,331 Consultants $ 1 $ 2,600 1 $ 2,200 $ 2,420 $ 2,562 Benefits 0 30%, $ 3"#,825 ; $ 44,008 I $ 55,568 ; $ 75,4113 ;S 82,951 Total Personnel' S 137,909 i S 194,740 i $ 245,6301 $ 331 618 S 364,780 Services/Supplies 1 Rent taclti Is 30,000 $ 30,004 ? $ 30,000 ' $ 30,000 + S 30,000 Insurance $ 18,44x7 ° $ 19,800 i $ 21,780 $ 23,958 S 26,354 Office Su lies $ 6,41x1 1$ 8,SQ4 i $ 7,2601 t $ 7,986 S 8,785 Tete Mine i $ 510001 $ 51500 ? $ 61,050 i $ 6,655 S 7,321 #ntemetNWeb Pae $ 1,200 $ 1.320 i $ 1,452 '$ 1,597 S 1,757 Postage/Shipping1 $ 3,0304 i $ 3,341) 3.993 $ 4,392 Promotion/Printing i $ 6,800 i $ 7,480 $ 8,2281 $ 91059 S 9,956 ' Program Guide $ 17,1X10 ` $ 18,700 : $ 20,5701 $ 22.627 S 24,890 Bank Char e5 $ 120 ;$ 132 : $ 145 l $ 160 S 176 Pa roll $ 1,200 : $ 1,320 i $ 1,452 $ 1,597 S 1,767 Accountin " s 6,500! S 7,150 ' $ 7,865 ', $ 8.653 S 9,517 Legal 1 $ 5tX1 ; $ 550 $ 665 $ 66€ S 732 Maintenance S 4,41}4 S 4,400 $ 4,846 ' $ 5,324 S 5,SS6 Parts&stt lies $ 1,500 ! $ 1,654 x $ 1,815 , $ 1.997 5 2.196 Playback Operators ; $ 27,000 `,$ 29,700 i $ 32;670 $ 35,937 S 39,531 Program Acquisitions s 5,000' $ 5,566" s 6,0s4 1 $ 6,655 S 7,321 vdeota i $ 3,500 ! $ 3,850 l $ 4,235 $ 4,659 $ 5.124 Conterences/Sen inars I $ 2,409; $ 2,2001 $ 2,426 ; $ 2,562 $ 2,928 Travel � $ 5.000 1 $ 5,500 1 $ 6,0501 $ 6 655 S7,321 mileage f $ 3,000 ($ 3.3001 $ 3,834 i S 1593 S_ 4,392 Board Travel 1 $ 1.000 s 1,100 $ 1,210 ` $ 1,331 61,464 Fees,Oues,Sooks,etc, $ 1,5030 $ 1,650 $ _1,815 ; $ 1,997 $: 2,196 TotalServloesl5p#les ! 5 #48>82tt . $ 180,792 S _173,775 !88,143 5 2133,364 C_apitat Acquisitiart . _ Swtcher - 3 25,404 $ �$ _ Lliitai Uideo System `$ ._ 45.000 S - $ $ S - _ _ w _ _ _ Ptoductic�n Equipment _ __-_S_ 25.1340 $ 20 0160 ; S 20.000 ' $� _ 5 _..._._ - _ .a 20,00. __.. ._ .. _ - Misc Swiment - $ 24,400 S 25,000 . $ 50,000 ! S 10,000 S t7t#ice Equi¢rnent _� _.__. 25,000 - S 25,000 $__.. _ _ 5,400 d;tor _ $ - - 30,404 $ $ 5 _____ Total Capital Acquisit _ 140,000; S _ 100,000 _ 75,0(30} ._ ------f }11011 S - • - irqur ti fl plant Fund S 5000 S 5,000 8 5,{}tlo 5 S,OCl4 i _ _ _ ..�_ . Special Projects Miscellaneous $ 5 6,000 , $ 5,000 - $ 5,044 S 5,040 Total Projects _._. _ S S 5,000 � 5,l?00 s 5,000 s 5,000 1•0tal Expenditures r S 431,729 , S 465,402 S 6t14,8Q2 : S 539,768 S 578,700 _ _ ..._.. _._ .._ .. Reserve/Car over S 63,271 S 95,400 S 99,813 : $ 79,038 ._S 28,465 Ij wi jJJ { i �3 O Cf C7 C5 C7 V i C3 CO 0 0 m i `m ` C ID O.! t I CJ1 O h I CI ro i ci` trs i 1 i I 40 t3 m cb I�15 5 = i�� � Ip �O I o pat W I O j CL 0:O i� !� 0 1 0 0 rS O tb C3O i 0_ (D � CD � fl: �N I ` ftD C C �y y� !Ww i ® kms' +~ � m' � � �� ��t j� j0 ice• � � I af.r !> ` � ��7 T1s C 10' I -� at w ps , ! 1 CD {�Q 0 lo i CSU ; ` j t6 Itb I Im j ro I i 0 t7 cb #m S z j w I� U'O' 1 ; w pl t� pt SU ih { � a ) f C3 J Gni i�C 23 t. y Ist Yb � � � � r C C Q Ini ; (} i i pi �Si 1 n PI-I f iIQ W jo °� Io CL CL j i JJ l m ut ; I I0 .0 0 t5 cb ro i tt5 i ! a` p 1C�7 (b Cb cp cn i� j ' iy"i' .Chi ,C '�`• �,..• C i a) '� .� rCD ��..'+*S'E'_'-'a°-va�,rrr- s-:•'��°'-' 45.E l ;sz tl ='ate • y - To Ccbie- Systems 7; Mtcrowove _ ' .. . -........................... .................................... Ufa Gicc;er Dove • Ccr-tra tuft. Diablo Costa Adult Ed. Cc,! e CURRENT CCN NETWORK Ed. Center #2 fin Cable Systems Ed. Center ' --�. CCETC voec Ed. Center ! #1 .E POSSIBLE FUTURE CCETC NETWORK Centra Costa Educational Television Consortium Effective 6/23/99 Name Organization E-Mail FAX Telephone Contra Costa 510/235-7800 Barry Benioff Collage barry@slip.net 510/236-6768 x4440 West CC Unif. Evel n Brooks School District 510/412-5031 510/412-5026 pburkcctv.co. Patricia Burke CCTV contra.ca.us 925/313-1185 925/313-1183 mcarey a@cccoe.kl2. Mac Carey CCCOE ca.us 925/944-1698 925/942-5385 Tim Dineen Mt. Diablo Adult Ed tdineen@cwnet.com 925/937-1533 925/930-5632 925/937-1530 Fred Fuld Mt. Diablo Adult Ed PHAdu]tEd@aol.com 925/937-1533 x3921 mherbst@cccoe. Mike Herbst CCOE K12.ca.us 925/942-3480 925/942-5362 mherr@cccoe. 9251228-3276 Mike Herr Martinez Adult Ed kl2.ca.us 925/228-6989 x231 George Contra Costa pio310atlantis. 925/229-10010 Medevoy College mhs.com userve.com x287 Marie mmcclaskeycccoe. McClaskey CCCOE K12.ca.us 925/934-1057 925/942-3448 cnelson c@cccoe.kl2. 925/228-3276 Chris Nelson Martinez Adult Ed ca.us 925/228--6989 x263 mnickers rz bay. Mark Nickerson CSUH, CCC csuha ward.edu 925/602-6750 925/602-6767 925/685-7340 Pam Nor acrd Mt. Diablo Unified 925/687-8217 x2714 morkin -csuhayward. Mike Orkin CSU Hayward edu 510/885-3953 510/885-2521 gosterholtwccusd. Gary Osterholt WCC Adult Ed kl2.ca.us 510/215-0430 510/215-4666 John F. Kennedy Karen Sloma Universi ksloma@jfku.edu 925/258-2102 dspangler@ Doug Spangler WCCUSD wccusd.kl2.ca.us 510/527-3556 cverd@cctv.co. Chris Verdu o CCTV contra-costa. ca.us 925/313-1185 925/313-1180 Consortium Member ListinglAs Updated 6/23/99 Contra Costa Educational Television Consortium Who to Contact for .More Information Fred Fuld Distance Learning Coordinator Mt. Diablo Unified School District Adult Education 3100 Oak Park B l vd. #210 Pleasant Hill CA 94523 (925) 937-1530 ext. 3921 email: PHAdultEd@aol.com Mark Nickerson Director Calif. State University Hayward Contra Costa Campus 4700 Ygnacio Valley Road Concord CA 94521 (925) 602-6767 email: mnickerson@csuhayward.edu Barry Benioff Contra Costa College Television Contra Costa College 2600 Mission Bell Drive San Pablo CA 94806 (510) 235-7800 ext. 4440 email: barry@slip.net Michael Herbst Communications Manager Contra Costa County Office of Education 77 Santa Barbara Rd. Pleasant Hill CA 94523 (925) 942-5362 email: mherbst@cccoe.kl2.ca.us 1E � 'I'MSill F-B 11M aiNMf aim i Contra Costa Educational Television Consortium What We are Looking For from The Cable Coordinators The initial objective of the Contra Costa Educational Television Consortium is to get the commitment from the Telecommunications Coordinators of Contra Costa County to negotiate with the cable companies to add on an "Educational TV Channel" fee of 25 cents per ,month on all cable subscribers bills. The proceeds raised each month from such a fee would be used to support the consortium's operation of a Contra Costa County educational channel. We also want a commitment from the coordinators supporting our efforts for City Council approval. In addition, the Consortium is looking for assistance from the coordinators in obtaining funding from the cable companies for a technical study, approval of our educational channel spectrum space, and the cost of development of the CCETC infrastructure. We are, of course, open to alternative procedures to achieve our goals. "r� _. 4TZ- 9T^iC' h Contra Costa County Educational TV.Consortium Members Barry Benioff - Contra Costa College- Evelyn Brooks - West Contra Costa Unified School District Patricia Burke CCTV Baji Daniels Contra Costa College Tim Dineen Mt.Diablo Unified School District Adult Education Fred Fuld Mt. Diablo Unified School District Adult Education Michael.Herbst Contra Costa County Office of Education Mike Herr Martinez Adult Education George Medevoy Contra Costa Community College District Marr Nickerson California State University Hayward-CCC Pam Norgaard Mt. Diablo Unified School District Adult Education Mike Orkin California State University Hayward _-�-.-- Gary Osterholt West Contra Costa County Adult Education Sherry Ruflni Acalanes Adult Center Doug Spangler West Contra Costa Unified School District Pat Van.Horn Acalanes Adult Center _ Chris Verdugo CCTV _ _......._ ......... .......... .... ......_.. ..........._. ..... ._......................._..........._.. ......... ......... _ ........ ......... ......... ....._... ......... ........ _ _ _ . ............ ........ __ 'pt L oto _ $ov pprov tri: a;.le Coordinators, �s�` tic, u- ». ��� a..c ..+ w 1'4t''� �" .�.° -.+ •t .*>r t.�s� o s ,.r1,� c,':+�xw a�v` s•, V " ; ��i7 _. � �. 1 enc al he ations com feted ' __ Jun tlfl n Engsnee" g tr L Aug OO nganeertng Stu k y ompleted- r r -.� W_. Aug 00 ° 'Infrwiftibfibi C nnect on begins _ b OI In#rastructure c m eta f° -17 ;y )? - -- Pel Ol—� -dire an Eciicccrr end Prigim Co rota or — ==' r .Mar o l Trial run - . Apr 01Regular tapertst ` gin �T .. z t r 3i t x; w v zil t.: k ,..t; g x -S F � u.. ;. :?ne.X4ti". •w-- . '.. .... �...v+. a �J J t .:t. ......_.. _ _ �......t^.i`y -.w-,c.�...:or�c.-,-e+•--;f r-t-r� - Y b, y, • Ak P eparetl: iy°tVltx' tablci. ,nt ted= c f Sircf�lifult ocrt rt � . . e-o- nraota d " a s a if ar►,y ,7nghaef to b �dd o orori#?ly`catileDid b:ll to support a I`oal clucatrona chaitnel'�whtsthe s �� �. ,w•,� . x � u o'd`d be willlr-tg c�..accept? � �* '.:s ..�• �, 3,.r �1Vleari Median.,4 � Y rF 050 Y 1_1 Pd, �+y /,��j t `rt y/� - �{31Gat{ t S/V you iivejn? w ab f y � _x j_1. _l i f s Po' An Bay" Int rr- .„ t Concord : 3kz ,�'g*lo Claytony. Danv s s f•r s le 3gs Lafayette rLola '• Martinez ..r . ,_ 6°l0 "Alt Y t Oakland - Pleasant Hitl Pleasanton 2°Io Pittsburg k•,j 3% ,. Walnut Creek 140% t, -Total 1 % A. e ... v • � y.4, a .�'� �. a � j�s�j f :��..: `jam "r L t - 3 XY . _00 �nvwzrxr+,=x�N y Y . _. CABLENET TV/CCTV SURVEY REPORT In November and December of 1498 a sample survey of residents of Alameda and Contra Costa Counties was conducted on behalf of CSUH CableNet TV and Contra Costa Television. The survey objectives were as follows: 1) To identify the number of residents currently aware of CableNet and CCTV. ?) To identify the number of residents who watch CableNet and CCTV. 3) To identify the frequency of watching CableNet and CCTV. 4) To assess the types of programs the residents would like to see more of in the future. 5) To find out how much residents are willing to pay for an additional educational and government access station. What follows is a summary of the results of the survey with respect to the survey objectives listed above as well as information about the survey procedure, sample demographics, and anecdotal information collected from observations during the process of conducting the survey. SURVEY PROCEDURE The Questionnaire The survey questionnaire (see Appendix) was designed by Dr. Valerie Sue. The questions were developed following consultations with CableNet Executive Director, Mike Orkin and Contra Costa Television Executive Director, Patricia Burke. Questions were written to address each of the survey objectives noted above; all are written in a closed-ended format in order to increase the reliability of the instrument. Three stages of pre-testing were conducted by trained undergraduate and graduate statistics students at California State University, Hayward under the supervision of Dr. Sue. Revisions in question wording, response options and question order were made after each pre- test. 2 Sampling A random sample of residents of Alameda and Centra Costa Counties with telephones was selected. Telephone numbers were generated by combining known residential telephone prefixes (collected from Pacific Bell reverse telephone directories) with computer-generated random four-digit numbers. This variant on the typical random-digit-dialing procedure allowed for the inclusion of residents with unlisted telephone numbers while reducing the occurrence of unusable numbers (e.g., businesses, out-of-service numbers, faxes, etc.), From the initial sampling frame (n=644) 135 questionnaires were completed. Table 1 below describes the breakdown of the sample by county,Table Z lists the number of respondents in each of the 23 cities sampled. Table I County Representation County Frequency percent Alameda 69 5 I.1 1. Contra Costa j 66 48.9 Total 135 } 100.0 3 Table 2 City Representation ity Frequency Percent Alameda 1 .7 amo 1 .7 Castro Valley 6 1 4.4 oncord 7 5.2 anville 3 2.2 Diablo 1 .7 Fremont 11 8.1 Hayward 17 12.6 Lafayette 10 7.4 ivermore 3 2.2 Martinez 9 6.7 -- Milpitas itas 2 1.5 Newark 2 1.5 Oakland 3 2,2 Ii a.kle 5 3.7 rinda 14 10.4 ttsbur 6 4.4 easanton 4 3.0 San Leandro 7 f 5.2 San Lorenzo 1 7 San Ramon 4 3.0 Union City 16 E 11.9 alnut Creek 2 1.5 otal 135 100.0 The Interviews The survey interviews were conducted by trained undergraduate and graduate statistics students from Cal State Hayward. Telephone calls were made from the CSUH campus; interviews were conducted between 4 and Spm on weeknights and from 10am to Bpm on Saturdays. All interviews were completed between November 3, 1998 and December 10, 1998. Participation in the survey was voluntary and confidentiality of'the respondents was assured.' ' Names and address%verc collected from respondents who indicated that they would like to receive information in the mail about educational and govcrnmcnt access television. o -1 SAMPLE DEMOGRAPHICS The following tables and figures represent the demographic makeup of the survey sample. As the illustrations indicate the sample consists of 66.4% female respondents and 33.6% male respondents. The average (mean) age of all of the respondents is 46. The median level of education completed is "some college" and the median household income was reported to be between $6 1,000 and $80,000 per year. The category "white" was the most frequent response (62%)to the question regarding respondents' ethnicity. Table 3 Gender Gender Frequency i Percent Male 46 33.6 Female 84 66.4 j Total 135 100.0 Figure I Respondents' Age R's age 7 6- 4- 3J,43 , 2 Age range - 16 — 86 Mean age = 46.43 Median age = 43 c= � 16 19 22 25 29 33 36 40 d4 50 Si 56 59 64 68 71 79 86 Res age Respondents' Educational Level R's educ ation 30 2 10. L u o grade school high school grad. 2-year coiler grad,school some high school some cotter 4-year collage R's education Figure 3 Respondents' Income Level Household income 30 ;0 10 c 00 110 00 Z10 c.r c,t iJ r •�'' f� rD ttj r8 •'i f 0 � ry �� �f �� J V�r�• r, rj /1 rJ rJ rJ •� 000 000 Household income 6 Respondents' Ethnicity R's cthnicity 70 60 50 au 30 2U �r 10 L v 0 Mi african-american hispaniciiYe asian pacific islan&r other R's ethnicity GENERAL TV WATCHING The first set of questions on the questionnaire address the respondents' general level of involvement with television. The questions asked respondents to indicate how much TV they watch on a typical day, if they used the TV program schedule in the newspaper, if they were cable TV subscribers, if they knew the name of their cable company and if they used the on- screen program wide. The next set of figures display the distribution of responses on these general questions about television watching. _..._... ........._......... ..... ............._. . .. ....... ........ ........ ...... ..... .... ......... ......... ........ 7 Figure 5 How Much Time 'Watching TV on a Typical Day How much time watching TV 3o 20 10 Range = 0 — 8 hours Mean 2.5 hours 0 Median 2 hours w 164 .0 .5 1.0 1.5 iO 2.5 3.0 A 4.0 5.r} 6.0 7.0 8.0 Haiti• much time watching TV Use of Newspaper TV schedule The majority of the 134 respondents answering the question about use of the Tti' program schedule found in the daily newspaper reported that they did not use it (60%), whereas 40% reported that the did use the schedules. Table 4 TV Program Schedule Use of NP schedule Frequency Percent Yes 53 40 No 81 60 1 Total 134 10U.0 i Subscribe to Cable TV When asked about cable TV subscriptions, most (74%) of the respondents indicated that they were cable TV subscribers. Table 5 Cable TV Subscribers Subscribe to Cable Frequency i Percent Yes 100 74 No 3 5 26 Total 135 100.0 The 35 respondents who are not cable TV subscribers were not asked specific questions about the programs airing on CableNet and Contra Costa TV. They were however, asked about programs they would like to see more of in the future. Cable Company Nacre The 100 respondents who said they were cable TV subscribers were asked a follow-up question to find out if they knew the name of their cable TV company. Of these respondents, 90 (90%) responded correctly and said "TCI." Of the remaining 10 respondents, 8 (8%)gave a variety of incorrect answers including "TCA," "Univision," and 'Paramount." Two respondents said they couldn't recall the name of their cable TV provider. Use of the Preview Channel The 100 cable TV subscribers were then asked if they used the Preview Channel, the on- screen program guide. In pre-testing it was determined that when the words "Preview Channel" were not included in this question and respondents were simply asked about the "on-screen program guide" there was confusion. Many of the pre-test subjects requested further explanation of this term. Table 6 presents the results of this question. 9 Table 6 Use of the Preview Channel Use Preview Channel Frequency Percent Yes 36 36 No 61 61 Don't know 3 3 Total 100 100 USE OF EDUCATIONAL/GOVEl;t:1` MENT ACCESS TV The survey respondents who reported being cable TV subscribers (n-100) were asked if they were aware of the educational and government access channel provided by their cable company. Alameda County residents were asked specifically about CableNet TV and Contra. Costa County residents were asked about Contra Costa TV.2 These respondents were also asked how they became aware of CableNet and CCTV and how often they watch CableNet and CCTV. The Contra Costa County residents who reported being aware of CCTV were also asked if they use the CCTV 1nfoNet interactive service. Table 7 Aware of Access TV(Both counties combined) Aware of Access TV Frequency 1 Percent j 3 Yes , I 49 No 48 48 Don't know ; 3 Total 100 100 Table 7 indicates that of the 100 respondents who are cable TV subscribers 49 said that they were aware of their educational and government access channel. In prc-testing it was determined that mentioning the name of the educational and govcmment access channel (CableNct and CCTV) node a significant diffcrence in respondents' understanding of this question. IMany prc-test subjects knew or CablcNct and CCTV but didn't kno%v that they were educational and govemment access channels. 10 Table 8 Aware of Access TV by County Aware of Access TV Frequency ; Percent Alameda Co. 23 47 Centra Costa Co. 26 # 5 Total 49 104 Of the 49 respondents who were aware of the educational and government access channel in their county, 23 were Alameda County residents and 26 were Centra Costa County residents. Flow Respondents became aware of Access TV As indicated in the figure below a majority (62%) of the respondents reported becoming aware of their educational and government access channel through channel surfing. Figures 6 and 7 are based on a sample size of 49 (the combined number of respondents from both counties who said that they were aware of CabieNet or CCTV). Figure 6 How R became aware of Access TV (Both counties combined) How became aware 70 60 40 30 10 u Gam. tf Cahic CGi Info. Channcl surfing C)thcr Word ofmouth I3aflctin Niard How bec ant c a w arc How often respondents watch Access TV (Both counties combined) _ The 49 people who said that they were aware of the educational and government access channel in their county were asked how frequently they watched the channel. Respondents were given the options of "frequently," "occasionally," or"never." Of the 49 respondents, 2 (4%) said they watched the channel frequently, 41 (84%) said they watched it occasionally, and 6 (12%) said they never watched the educational and government access channel. Use CCTV InfoNet Interactive Of the 15 respondents who answered the question about using CCTV's InfoNet Interactive, 4 (27%) said they had used it, 11 (73%) said they had not. Vr-EWING OF SPECIFIC PROGRAMS ALAMEDA COUNTY--PCA,BLENET TV The Alameda County residents who reported being aware of CableNet TV and watching it at least occasionally(sample size = 20)3 were asked how frequently they watched a list of the programs currently airing on CableNet. These responses were recorded using a 1-to-5 point scale where 1 indicates that the respondent never watches the program and 5 indicates that she watches it frequently. The following table lists the average (mean) scores on the 1-to-5 point scale for each of the CableNet programs. Smaller numbers indicate less viewing of the specific program, numbers closer to 5 indicate more frequent viewing of the programs. 'Of the 23 Alarncda County residents who were aware of CableNct. 2 said they watched the channct frequently. 18 reported watchingg it occasionally. and 3 said they never tisatchcd CableNct. 12 Table 9 Frequency of viewing of programs airing on CableNet CableNet rain Prog i { Mean viewing score ( One on One Read On 1.54 Fun Fitness 1.69 t Coil"e .Algebra j 2.15 Spouts Flash 2.15 I'Vlodern Biology 2 15 - Literacy and Literature 1.69 ' Astronomy: Mysteries of the Sky 2.15 I Story Time 1.08 So You Want To be a Teacher 1. 3 Mandarin and Me 1. 15 E Micro Economics 1.35 Introduction to Business Communication 1.35 VIEWING OF SPECIFIC PROGRAMS (CONTRA COSTA COUNTI'--CCTN*) Respondents in the Contra Costa County sample who reported watching CCTV at least occasionally {sample size W 23}were asked how frequently they watch each of f t programs currently airing on CCTV. Responses were recorded on a l-to-5 point scale where a score of € means that the respondent never watches the program while a score of 5 indicates that she watches the program frequently. 'Of the 26 Contra Costa County respondents who said that theti were aware ol`CCTV. zero rcported atching CCTV frequently,. 23 said the. watch CCTV occasionally and 3 said they never watch CCTV. 13 Table 1€1 Frequency of viewing of programs currently airing on CCTV CCTV Program Mean viewing score Ask the Doctor 1.00 At Your Service 1.00 Modern Biology 1.20 College Algebra 1.28 Family Time Diner 1.80 Senior Information Journal 1.00 NASA Programming 1.00 Astronomy: Mysteries of the Sky 2.45 Story Time 1.10 Micro Economics 1.00 Introduction to Business Communication 1.00 ADDITIONS TO CABLE TV BILL The 43 respondents who answered the questions about the frequency of their viewing of the specific CableNet and CCTV programs were also asked how much they would be willing to have added to their monthly cable TV bill to support an additional educational and government access channel. The question was asked in the following way, "If anything had to be added to your monthly cable bill to support an additional educational and government access channel, what is the most you'd be willing to accept?" Respondents were then immediately provided with a set of response options that included 0, 5 cents, 10 cents, 25 cents, 50 cents and 1 dollar. In focus group interviews that accompanied the pre-testing of the questionnaire, it was discovered that if respondents were asked this question in an open-ended format they most often reported that they would not be willing to have any amount added to their cable bill. When asked why they responded as they did, pre-test subjects said that they assumed that the interviewer meant $10 a month or more. Most of the pre-test subjects were surprised to learn that they could respond with as little as 5 cents a month, many said they would be willing to have y 14 up to a dollar added to their bill, they simply didn't realize that such a small amount would make a difference. Table 11 Amount wilting to be added to cable bill Amount Frequency Percent 0 Cents 5 12 5 Cents 3 7 10 Cents 11 27 25 Cents 5 12 50 Cents 15 37 I dollar 12 5 (Sample size 41: 2 respondents who were asked this question did not answer.) Table 1 I indicates that 81% of the respondents said they would be willing to pay at least 10 cents extra for an additional educational and government access channel. FUTURE PROGRAMS The final set of questions was answered by all of the respondents, not just those who are currently cable TV subscribers. These questions asked respondents to rate on a I-to-5 point scale the types of programs they would like to see more of in the future. An answer of I means that the respondent is not at all interested in a particular type of program, an answer of 5 indicates that the respondent is very interested in the type of program mentioned. Table 12 lists the program categories and the mean response for each type of programming; a low mean (i.e. a number closer to I than 5) should be interpreted as a lack of interest in the type of program mentioned, a high number (Le, one closer to 5) means a strong interest in the program. Tante 12 Interest in future programming Program Type Mean interest score Local news programs 4.14 Local sports programs 2.51 Programs for children 2.59 .Programs for teens 2.30 Programs for senior citizens 2.20 Family programs 3.48 Programs covering county issues 2.69 Programs covering health care issues 3.02 Drama programs 3.17 City Council meetings 1.75 Flection information programs 3.14 Televised college courses ( 2.74 College degree or certificate programs 2.71 Shows about science.and technology 3.42 f Foreign programming 2.38 Home improvement programs 2.83 Comedy shows 3,23 Action/Adventure programs 2.89 Talk shows 2.35 Daytime soap operas 1.69 ; (Sample size varies for each of the program categories in Tabic 12:all are ti4•ithin the range 131-i?3.) 16 SUMMARY This project set out to investigate a specific set of questions, including: the number of residents of Alameda and Contra Costa Counties who currently watch CableNet TV and CCTV, which programs currently airing on each station are most frequently watched, the types of programs residents would like to see more of in the future and how much residents would be willing to have added to their monthly cable bill to support an additional educational and government access channel. It was discovered that the sample watched an average of about 2 hours of television per day. Of the 100 respondents who subscribe to cable TV about half said they are aware of the access TV channel in their county, and a majority of them (62%) became aware of the channel by channel surfing. Of those who were aware of their access channel 88% said they watched it at least occasionally. Of the programs currently airing on CableNet the most frequently watched were College Algebra, Sports Flash, Modern Biology and Astronomy: Mysteries of the Sky. The most frequently watched CCTV programs were Astronomy: Mysteries of the Sky and Family Time Diner. The programs respondents would like to see more of in the future include local news programs (the highest mean score), family programs, and shows about science and technology. The least favored programs include daytime soap operas and city council meetings. When asked how much they would be willing to have added to their monthly cable bill 81% of the residents said they would be willing to pay at least 10 cents extra for an additional educational and government access channel. While on first glance the survey sample size of 135 may not seem large enough to provide much insight into the original research questions, the process by which the sample was generated ensures fair and accurate representation of the views of the residents of Alameda and Contra Costa Counties. The two-step process of randomly selecting telephone prefixes from the two counties then combining the prefixes with computer-generated random four-digit numbers provided a sampling frame that included all residents of the two counties who had a telephone. Since nearly all (those who do not have telephones excepted) of the residents of the two counties were equally likely to be selected to participate in the survey we have a random sample. Another feature contributing to the validity of the results presented here is the extensive pre-testing of the questionnaire conducted prior to the administration of the survey. Three stakes of pre-testing were conducted with about 20 pre-test respondents participating at each stage. i? During each phase of the pre-testing test respondents were interviewed using the current version of the questionnaire and then debriefed. The debriefing interviews provided an opportunity for the test respondents to comment on question wording, the questionnaire format and interview style. This process also provided the student interviewers with valuable training and feedback on their interviewing skills. While the pre-testing of the questionnaire served its intended purpose it also provided interesting information from the approximately 64 pre-test respondents,5 What follows are a few of the comments and observations from the pre-test respondents. • When the term "access TV"was used respondents often thought it mean public access TV. The addition of"educational and government" seemed to clarify this confusion. • Some respondents commented that they know television stations by their names or call letters (Discovery, Lifetime, AGO)and don't usually refer to the stations by channel number. These respondents said that the use of the word"cable" in CablelNet and the county name "Contra Costa."in Contra Costa TV create confusion and do not contribute to name recognition. One respondent suggested changing the name ofCableNet to Cal State Hayward TV. • When the question about additions to monthly cable bilis was asked many of the pre-test respondents provided the answer"zero" before the interviewer finished asking the question. When respondents discovered that they could give the answers----10 and 25 cents they often changed their original "zero"choice. It is important to mote that obsen-ations from pre-tcsting arc anecdotal. ................. stet V"11,* HAWAr CALIFORNIA STATE UNIVERSITY, HAYWARD 25800 Carlos Bee Boulevard,Hayward,California 94542.3001 CfSi OFFICE OFTHE PRESIDENT Telephone:(510)885-3877 May 19, 1999 Fax:(510)885-3808 TO: Contra Costa Telecommunications Coordinators Cal State Hayward has participated in the development of the Contra Costa Educational Television Consortium (CCETC) and embraces its mission, goals and implementation strategy. The university intends to remain an active partner in the consortium and will provide programmatic content, management expertise and access to appropriate facilities in reasonable proportion to that of other consortium members, and as required to sustain a superior educational channel in Contra Costa County. Given state budgetary restrictions and the many demands placed upon the university's limited financial resources, Cal State Hayward's ongoing participation is predicated on the adoption of the user-fee funding strategy outlined in the CCETC's implementation plan. Without this revenue stream it will be impossible to generate the significant operating resources required to sustain a first-class, county educational channel. Nonetheless, we believe that the contributions CSUH and other educational members bring to the CCETC are substantial and essential to the success of the CCETC. Programming content, after all, is the heart and soul of a broadcast venture and we believe that the sum of the programming provided by consortium members will be the foundation upon which the CCETC will ultimately rest. Cal State Hayward's official representatives to the CCETC will be Michael Orkin, Executive Director, CableNet TV and Mark Nickerson, Director, Contra Costa Campus. Sincerely yours, Norma S. Rees President NSR-jat xC: Frank Martino, Provost and Vice President, Academic Affairs Mark Nickerson, Director, Contra Costa Campus Michael Orkin, Director, CableNet TV THE CALIFORNIA STATE UNIVERSITY Bakersfield-Channel Islands-Chico-Domingue,Hills.Fresno-Fullerton-Hayward-Humboldt-Long Bcsch-Los Angeles•Maritime Academy Monterey Bay-l4ordiridge-Ponwas-Sacramento-San&-roadino.San Diego-Son Francisco-San josc-San Luis Mop*-San Marc*$•Sonoma-Stanislaw Joseph A.Ovick, Ed.D.. Superintendent of Schools * * The Ronald L.Stewart Center • • " " 77 Santa Barbara(load • Pleasant Hilt, CA 94523 (510)942-3388 May 20, 1999 The Municipal Cable Coordinators of Centra Costa County c/o Contra Costa Television 10 Douglas Drive Martinez, CA 94553 Dear Coordinators: Contra Costa County Office of Education has participated in the development of the Contra Costa Educational Television Consortium (CCETC) and embraces its mission goals and implementation strategy. Contra Costa. County Office of Education intends to remain an active partner in the consortium and will provide programmatic content for the K-12 community, and access to appropriate facilities to help sustain a superior educational channel in Contra.Costa County. Due to limited financial resources, the Office of Education's ongoing participation is predicated on the adoption of the user-fee funding strategy outlined in the CCETC's implementation plan. Without this revenue stream it will be impassible to sustain a first-class,county educational channel. With the demand for distance learning programming for the K-12 community increasing,Centra Costa County Office of Education wants to be prepared to meet it. We feel that participating in the Contra Costa Educational Television Consortium to meet the challenge of providing quality educational programming to schools is achieved. Sincerely, I p A. nick, Ed.D. Sup r ntendent of Schools Con a Costa County DENT_ _ { 1936'046 r,.�•n Y. b c H .. OFFICE OF _ r - } SiIPEFUNTENDENT a•. - Maya, 1999 Contra Crista County Municipal Cable Coordinators C/o CCTV . 10 Douglas Drive Martinez,CA 94553 Dear Sirs, The ML Diable Unified School District,through its Adult Education division has participated in the development of the Contra Costa Educational Television Consortium (CC'ETC)which was formed to establish an educational channel for our county. We enthusiastically support its mission and goals. The school district intends to remain an active partner in the consortium and will provide, programming,management expertise,and access to appropriate facilities in reasonable proportion to that of other consortium members. ML Diablo Adult:Education has been broadcasting telecourses through CCTV since 1994 in the areas of Health and Safety,English as a Second Language,Parent Education,Adult Basic Education,and GED test preparation* Last year, 1076 students registered for the telecourses. However,there is no additional air time available on the current county,governmental channel and there is a need to expand educational programming. The district's official representatives to the CCET'C will be Mt*Diablo Adult Education Fred.Fuld,Distance Learni€ig,Coordinator and Tim Dineen,Telecourse Project Manager. An educational channel for Contra Costa will be of significant benefit to the residents of the cities within our county and we look.forward to your support. Sincerely Paul E.Allen Superintendent .... FAX{925}664,1649. AN EQUAL OPPORTIjW!Y EMPLOYER yy.� Colleges t Contra Costa IStlltcnc . Yet t'+csfdrrst «t 5r xen � , �-ri��II�MF; i"eys�5tv:�tSn �< - ,.?�,-ale° r"� - � C6ntraCnst�`Cgllegt--IielenSpencer(Inter}m �. SAezlaf Gs)t!t , -' k� t 4 ,orare;�W74rre: ublo VsEley College Mark C`i F&IJ j .Los Medanoa Collage Ttsul ttbMsu 3p}iu `IkedlrRr � :s � - - . J _. a � '.. .+ t •�a � .y ,,s 4 }.� .. ... _ .,yaw � _. r..t,�,• ,a " Y � ,.. � r '� , May ��,`'����#`��I' �'• To the Mun:clpal_Cable Coordinators .. _ of Contra Costa County. ....c/o Contra Costa-Televl:slo 10 Douglas.Drive yet Martinez., CA 94553 _ When-the Contra Costa Community.College bi trict heard that the county was spearheading an effort to-develop a countywide educational television channel, we were very enthusiastic. tour �, district has been involved Irl educational'televisidKf6e more than 10 years;anti we operate our own cable station from Contra Costa College which reaches several West County cities. While we recently,have been able to broadcast to the rest of the county as guests of the counts govemment channel,we.would welcome the.opportunity_te join with other institutions in the county in having a dedicated educational channel. <The CCCC© currently offers'12 different telecourses. These courses can be for anyone, from people who just want to watch outstanding educational programs to people who want to earn a college degree. We have been especially sur.cesstul with our Program for Adult College Education (PACE)which allows people-who work full time to eam an AA degree and transfer to.a four-year y institution. We also produce a large number of live programs in order to deliver college-level courses to high _ school students and to give workshops on such topica as school-to-career,financial aid for college, and services to i rlrrligrants, And through ctur'College Profiles" series, we are'promoting our colleges and acknowledging the skill and ha d_woA of our employees. As the demand for distance education increases;:aur district wants to be prepared to meet it. We feel that participeting in the Contra Costa Educaticinal Television Consortium promotes that effort, and we fully support its work. Anything you can.do to help us reach our goals would be greatly ' appreciated. - --Sin re#y -- Charles C. Spe ce Chancellor _ CS:j cc: Helen Carr, Interim President, Contra Costa College Contra Costa Commttnity College District 500 Court Street,Martinez,California 94553..(925)229 1£00,ext. 1210 rax(925)370-2,019 cagenca t coltegesc�#cc=c;,U4 www r�Ilcgesc�fcc.cc ca us _ - +p ' s3' 1 r t Py' tt s.D..r.• MARTINEZ UNIFIED SCHOOL DISTRICT {office of the Superintendent May 21, 1999 Municipal Cable Coordinators of Contra Costa County c/o Contra Costa Television 10 Douglas Drive Martinez, CA 94553 Gentlemen: Martinez Unified School District, through Martinez Adult School, has been a participant in the development of the Contra Costa Educational Television Consortium (CCETC). As such we fully endorse the mission, goals and implementation strategy of CCETC. Martinez Adult School intends to remain an active partner in the consortium and will provide programmatic content, management expertise, and appropriate assistance in reasonable proportion to that of other consortia members. We recognize the need to provide an operational education channel of high caliber in Contra Costa County. Martinez Adult School's ongoing participation is directly related to the adoption of the user fee funding strategy outlined in the CCETC's implementation plan. Because of the limited funding that Martinez Adult receives from the state, this revenue stream is vital in order to generate the significant operating resources required for a first-class, county educational channel. However, the contributions that the educational members of the consortium bring are substantial and essential to this proposal. As the demand for distance education increases, the Martinez Adult School wants to be prepared to meet it. Our participation in CCETC promotes that effort and we fully support the work of the consortium. Any assistance you can provide the consortium to reach its goals is greatly appreciated. Sincerely, Scott Brown, Ed.D. Superintendent of Schools Martinez Unified School District 921 Susana Street,Martinez.California 94553 Phone:925 313-0480 Fax:925 313-0476;925 229-3023 WEST-CONTRA COSTA UNIFIED SCHOOL DISTRICT WEST CONTRA COSTA ADULT EDUCATION 6028 Ralston Ave RICHMOND,CALIFORNIA 94805 GLORIA L.JOHNSTON,PH.D. Tcls bona: 510)215.4666 GERALD E.OSTERHOLT Superintendent of schools FAX.( 10)215-0430 Principal,Adult Education May 25, 1999 Contra Costa Telecommunications Coordinators 10 Douglas Drive Martinez„CA 94553 To Whom It May Concern: This is a letter of support for the efforts to develop an educational telecommunications channel for Contra Costa County. Although West Contra Costa Adult Education is not currently providing distance learning or telecourses, it is our plan to do so if the technology requisites are made available. We are aware of the work Contra Costa Educational Television(CCETV)has done and the potential for initially utilizing this medium for expanding and reaching prospective students in the areas of Parent Education,Literacy, Adult Basic Education,English as a Second Language and Citizenship instruction. Of course,the potential also exists to include most all of the other adult education mandated areas of instruction. There are many models in California and across the nation providing telecaurses. In order to do likewise in Contra Costa adult education,we need to explore the means by which delivery of this growing educational option can be provided for the clientele we serve. Your consideration of such a telecommunications channel in order to fill this need is greatly appreciated, Sincerely Yours, Gerald Osterholt Principal,West Contra Costa Adult Education cc: T. Shaw ........... DISTANCE EDUCATION IN CONTRA COSTA COUNTY Prepared by the CONTRA COSTA EDUCATIONAL TELEVISION CONSORTIUM January 2004 _ _ _... . .. _.._._.._.......... _ . .._ .... ......... ........_. ..._.. . ....... ......... ........................ ....._.................... TABLE OF CONTENTS Introduction ................................................................................................................ I. The Current State of Distance Education in Contra Costa County.................................... 2 A.Providers of Distance Education............................................................................... 2 B. Hours of Television Programming............................................................. 4 C. Variety of Programming............................................................................................ 4 II. Measuring the Demand ................................................................................................... 6 A.Number of Students Served ..................................................................................... 6 B. Population Trends..................................................................................................... 7 C. Student Satisfaction................................................................................................... g D. Public Support........... ............................................................................................... 9 III. A Meeting the Needs for Educational Television in Contra Costa County.................... 11 A. Channels.................................................................................................................... 11 B. Master Control.......................................................................................................... 11 C. Connections .............................................................................................................. 1 i D. Institutional Network................................................................................................ 12 E. Cable Distribution..................................................................................................... 13 F. Production.................................................................................................................. 13 G. Operations and Maintenance.................................................................................... 14 Conclusion.......................................................................................................................... 15 Appendices A. The Contra Costa Educational Television Consortium B. A Brief History of Educational Television in Contra Costa County C. Programming Schedules D. Examples of Television Classes E. CCC's Distance Learning Survey F. California State University Hayward Cablenet TV/CCTV Survey Report G. Community Needs Assessment Summary Report H. Existing Infrastructure and Equipment Needs I. Letter from Public Education Executives ii DISTANCE EDUCATION IN CONTRA COSTA COUNTY INTRODUCTION Distance education is being used throughout Contra Costa County to enhance the learning process and to bring education to a far wider audience than can be served in the traditional classroom setting. Teachers use video and the Internet to open up whole new worlds to students, and schools, colleges and universities use television broadcasts and on-line curriculum to offer fully accredited classes for people at home. In order to coordinate distance education efforts in Contra Costa County and to insure that there will be sufficient capabilities to meet future needs,the educational institutions in the county formed the Contra Costa Educational Television Consortium(CCETC) in 1997. CCETC has explored various technical and financing options for distance education,served as liaison to public officials, and at the suggestion of those officials,prepared this report. More information about the CCETC can be found in Appendix A. There are three main parts of the report: The state of distance education in the county,the need for distance education as documented by data, and recommendations for an infrastructure that will meet that need. Appendices give additional information about the CCETC and its member organizations and provide background information to support the report's recommendations. As successful as distance education has been to date, there is so much more that can be done: More connectivity between schools,more hours of broadcasting, more homes receiving broadcasts, and more variety in programming. The educational institutions of Contra Costa County look forward to the time when this becomes reality. 1 PART I. THE CURRENT NATE OF DISTANCE EDUCATION IN CONTRA COSTA COUNTY PROVIDERS OF DISTANCE EDUCATION All public institutions in Contra Costa County use distance education to some extent,but the institutions discussed here have been the most active in providing on-line classes and educational television. The history of how some of these organizations became involved in distance education is described in Appendix B. Contra.Costa Community College District The Contra Costa Community College District teaches on-lime classes at each of its three campuses. At its Centra Costa College campus in San Pablo the district also has an educational cable channel, KCCC, which it primarily uses to broadcast television courses or"telecourses."I KCCC broadcasts full-time to the nearby communities of Richmond, El Cerrito, Hercules and Berkeley. For 19.5 hours per week the station also broadcasts throughout Contra Costa County on the county government's channel, CCTV, on the Comcast cable system. The college also gets the effect of more countywide distribution because KCSM, a PBS station in San Mateo,plays 6 hours a week of programs that are used for Contra Costa College telecourses. California State University Hayward-Contra Costa Campus California State University Hayward,which includes Contra Costa County in its service area and has a satellite campus in Concord,teaches on-line courses and also has a full-time cable channel, CNTV,that reaches much of southern and eastern Alameda County and San Ramon in Contra Costa County. This channel is used for telecourses, current affairs programs, educational children's programs, classic movies, and legendary television series. CNTV's programs also show throughout Contra Costa County on CCTV,but for only 5.5 hours a week. Since there is no electronic connection from CTV to CCTV,videotapes of CNTV's programs are played from CCTV's facility in Martinez. Additionally, six hours a week.of CNTV's programming play on the Astound cable system serving Concord and"Walnut Creek. These programs are played from VCR's at the Astound head-end. Mt. Diablo Adult Education Mt.Diablo Adult Education has a television production studio at its facility in Pleasant Mill. The studio,called Mt Diablo Television or MDTV, serves a dual purpose. First, it is a classroom to # In many ways a telecourse is like other college courses: Students do reading and writing assignments,get a grade, and the course is generally transferable to a four-year institution. The main difference is that there are far fewer meetings with instructors. The material that would traditionally be presented through lectures is,instead,presented through a series of videotapes. Students do meet with their instructor,but only once or twice a month,not the one to three tunes a week that is normally done in traditional courses. 2 train students for a career in video production. Second, it is place to make educational television programs that can be played to a countywide audience. The two functions support each other since the students in the video classes become the crew that produces the educational programs. The number of programs that this collaboration has produced is considerable,and MDTV has received numerous awards including a prestigious Bay Area Cable Excellence Award for the series "Raising a Reader." Programs fall into five categories: Workforce preparation, adult basic education, English as a second language, parent education, and seniors. Most programs consist of a live introductory segment by a teacher, a pre-recorded segment from a PBS distributed telecourse, and a follow-up live segment with the teacher adding further information and answering questions that viewers phone in. MDTV does not have its own cable channel,but it does have a fiber optic connection to CCTV where its programs play for 4.5 hours a week. For 6 hours a week MDTV's programs also show on the Astound cable system in Concord and Walnut Creek. Contra Costa County Office of Education The Contra Costa County Office of Education(COE)supports the county's school districts in the areas of curriculum development and technology. COE also teaches classes in special education and career development and teaches classes at correctional facilities. CUE is coordinating the county's effort to establish high-speed data networks to schools as part of the Digital California Project. COE also manages the distribution of instructional video programs to schools. Previously this was done from a large media library in the county. Now COE is using on-line libraries, such as the one operated by United Streaming {vvww,unitedstreaining.com),to stream the videos to the schools. This can be done either in real time, in which case the videos have a limited size, frame rate, and resolution,or as a download prior to viewing, in which case the videos are equivalent in quality to a VHS tape and can be projected onto a screen in the classroom. COE is planning to produce their own instructional programs for cable distribution when the infrastructure becomes available. COE is especially interested in a"Homework Helper" program where teachers answer questions phoned in by students. CUE also wants to increase video conferencing between schools when a suitable high-speed network becomes available. Martinez Adult Education Martinez Adult Education is not currently offering educational television courses but is planning to do so as soon as the infrastructure is available. Courses being considered include English as a second language,parent education,entry-level medical courses such as physiology and anatomy, foreign languages,health and safety, child development, and a variety of computer-based courses such as AutoCAD and web design. The adult school has a satellite dish that has been used in the past to download training material and which can be incorporated in the school's educational television offering. 3 Contra Costa Television Contra Costa Television (CCTV),the television station of Centra Costa County,has been a great help to the educational community. When CCTV first began operations,it was searching for high quality programming that could complement its own programming related to county government. This led CCTV to offer educators the chance to broadcast their programs on its channel. The educators were eager to participate since CCTV is the only PEG(public, educational, and government)channel that has countywide distribution. The amount of time that educators currently have on CCTV is 29.5 hours per week(18%of full time). CCTV is now finding that its own program needs have increased and wants to reclaim the time it gave educators. Trying to make the transition as smooth as possible, CCTV took the initiative of getting the educators to consider the possibility of having their own countywide educational channels, which led to the establishment of the Contra Costa Educational Television Consortium in 1997. HOURS OF TELEVISION PROGRAMMING The table below summarizes the hours of educational television programming that each of the current programmers is doing as of January 2004. Programming schedules for these channels are in Appendix C. HOURS PER WEEK OF PROGRAMMING LOCAL AREA COUNTYWIDE CHANNEL COMCAST ASTOUND KCSM CCTV KCCC 168 0 6 19.5 CNTV 168 6 0 5.5 MDTV 0 6 0 4.5 The local area for KCCC is Richmond, El Cerrito, Hercules&Berkeley. For CNTV it's Central Alameda County and San Ramon. Astound serves only Concord and Walnut Creek.The hours for KCSM are the ones that are relevant to telecourses given in Contra Costa County. As can be seen in the table,while both Contra Costa College (KCCC) and California State University Hayward(CNTV)are broadcasting full-time(168 hours/week)in their local areas, there is very little educational programming going countywide. Consequently,the opportunity for many county residents to participate in educational television is extremely limited. VARIETY OF PROGRAMMING As suggested by the above discussion,there is considerable diversity in the educational television programs playing in Contra Costa County. The disciplines covered and the names of some of the series that have played in the county are shown in the table below. 4 .............. ............... ................-............ EXAMPLES OF EDUCATIONAL TELEVISION PROGRAMS SHOWN IN CONTRA COSTA COUNTY DISCIPLINE COURSE NAMES HUMANTrIES Humanities through the Arts American Cinema Art of the Western World Ethics in America Theatre Appreciation Era of Civil War and Reconstruction Visatando los Americas Mandarin and Me SOCIAL SCIENCE Faces of Culture Discovering Psychology MATH &PHYSICAL SCIENCE College Algebra Planet Earth Modem Biology BUSINESS&COMPUTERS Its Strictly Business Introduction to Computers Introduction to the Internet HEALTH & SAFETY Food Safety Certification Course CPR for Health Care Providers ESL Connecting With English For All ADULT BASIC EDUCATION Understanding the GED Test Workplace Essentials Skills TEACHER TRAINING Introduction to Service Learning OTHER Lifelong Learning on Cable TV Family Milestones Please see Appendix D for a brief description of some of theses courses. PART H. MEASURING THE DEMAND The previous section looked at the state of distance education from the perspective of the institutions providing the service. Here we look at distance education from the perspective of students who are actually receiving it. We examine how the number of students has grown,haw the population as a whole is changing, the satisfaction of students who are taking video telecourses and what the public has said it wants for distance education. NUMBER.OF STUDENTS SERVED Data from Contra Costa College indicate that a substantial number of students in Contra Costa County are participating in telecourses and that the number is growing. The chart below has the details. Telecourse Stats 800 700 ' 600 500 c 400 4) co 300 200 100 Now0 Fall 99 Spring Fall Spring Fail Spring Fall Spring Feil 2000 2000 2001 2001 2002 2002 2003 2003 For calendar year 2003 the total number of students shown on the chart(plus summer students which are not illustrated)came to 1,433. In the four years from Fall 199 to Fall 2003, the number of students went up nearly 100 per cent. That's 25 per cent per year, which shows the remarkable potential for educational television in the years ahead. Data from Mt. Diablo Adult Education also show an increasing number of students participating in distance education, although the results are not quite as obvious because data collection methods varied from year to year. 6 DISTANCE LEARNING STUDENTS AT MT. DIABLO ADULT ED. Year Served Enrolled Cern feted 98-99 1205 99-00 1791 00-01 739 01-02 380 02-03 420 Served: Students who completed at least one lesson. Enrolled: Students who took the pre-test&finished lessons. To finish a lesson(each lesson was between 3-6 hours)students had to complete a pre-and post-test for that lesson. Completed: Students who took the pretest, completed the course, and took the post-test. A course consisted of between 6-92 lessons with pre and post-test. In both the "Served" and the "Completed" categories, where there is more than one year of data, an increase can be seen. POPULATION TRENDS' The increase in number of students taking telecourses coincides with the growth in population for Contra Costa County, as shown in the table below. YEAR POPULATION 1960 409,030 1970 556,116 1980 656,380 1990 803,732 2000 1948,816 In the past twenty years Centra Costa County has grown.44 per cent to nearly a million people. In the last ten years the increase was 18 percent which, if it keeps up, means that by 2010 there will be another 171,000 residents in the county. Besides an increase in overall numbers of people,there has been an increase in ethnic diversity. Data from the last three decades are shown below. Data in this section is from the United States Census as reported on the web site of the Association of Bay Area Governments,htt Weensus.aba eagov_. 7 Itace/Ethnici 1980 1990 2000 White 77.1 69.7 57.9 Black/African American 9.0 9.1 9.2 American Indian/Alaskan Native 0.6 0.6 0.4 Asian/Hawaiian/Pacific Islander 4.5 9.2 11.2 Hispanic 8.6 11.4 17.7 Multiple.races NA NA 3.4 Other 0.2 0.2 0.3 Diversity Index 0.502 0.603 0.757 The racial/ethnic diversity index ranges from a low of 0.0(entire population is of one racial/ ethnic group)to a high of 1.0(population is equally distributed between all racial/ethnic groups.) As can be seen, there is a racial and ethnic shift with Asian/Hawaiian/Pacific Islanders and Hispanics nearly doubling in size. The white papulation shrank more than 20% and the Black/African American category remained essentially the same. This increase in diversity can create its own special demand for educational programming especially in the areas of English as a second language and programs aimed at particular cultural groups. Besides the change in ethnicity there has been a large population shift to east Contra Costa County bringing even more stress to an antiquated road transportation system. Travel is omen difficult, especially for the very people who could benefit most from education. STUDENT SATISFACTION Each semester Contra Costa College conducts a state-mandated survey of students who participate in telecourses. Results from the Spring 2003 survey show some remarkable results: The goal considered very important by 81%of the students is"Transfer." "Learning new things" and"Earning an AA/AS degree"were selected as very important by 71% and 65% of the respondents respectively. Ninety percent or more indicated that their Distance Learning courses were moderately to very important in helping them progress toward their goals. • Sixty-nine percent reported no difficulty in accessing instructional resources,while 3110 had moderate to great difficulty. These students noted in the Comments sections of the Survey that their greatest difficulty is in getting to view the videotapes of the telecourses. Fifty-seven percent work 32 or more hours per week. Another 24%n work 11 to 32 hours weekly. This workload plus the typical 12-unit course load plus the fact that many of the students are single working parents make their accomplishments in the Distance Learning program truly remarkable. Thirty-two percent of the students indicated a total household income of$30,000 or less— at or below the poverty level for a family of four. While 28%of the students expected to have no difficulty, 71% reported moderate to great difficulty in paying living and school expenses. 8 ........................ ............. • Ethnic composition was: African-American/Black- 28%, Asian-American/Asian-11%©, Filipino-15%, Latino/Hispanic-I4%, White/European - 15%, Other- 8%, 2 or more ethnicities- 5%. The entire survey for Spring 2003 is included in Appendix E. PUBLIC SUPPORT Besides the increasing number of students who are participating in distance education,three recent surveys have shown that the public very much wants educational television and is willing to support it. The first survey was conducted in Contra Costa and Alameda Counties by California State University Hayward in 1998. The second survey--actually a phone survey and a series of focus groups--was conducted by the Buske Group in 2000 for the consortium of government agencies negotiating a cable franchise in central Contra Costa County. Some statistics from these two studies are show below. The full study from California State University Hayward is included in Appendix F, and the Summary Report from the Buske Group study is included in Appendix G. Regarding viewership of public, educational, and government access channels: 88%of the respondents watch access at least occasionally(1) 58%watch CCTV,the county channel, at least monthly(2) Regarding Interest in educational television channels: 86%want courses from colleges and universities (2) 86%want interactive distance learning(2) Education is a"key community issue" (2) Regarding the willingness to pay for access: 42%will pay at least 5001month(1) 62%will pay at least 500/month(2) (1)CSUH study (2)Buske study While data from these two studies do not match exactly, they do imply that residents of Contra Costa County support educational television. In January 2004, Martinez Adult Education took a survey of students enrolled in day and evening classes on its adult school campus. The results show considerable interest in educational television: • Of the 50 students surveyed, 39 said they would be interested in televised courses. • The majority of these students would like to see televised courses in graphics and creating web pages. A small number of students would also like to see computer drafting and office suite offered. 9 Most felt distance learning would help with professional growth and self-improvement. . The majority prefers to view courses in the evening and on Saturday. Students prefer viewing time for a single episode to run 60 to 90 minutes. All interested students would not have an objection to purchasing books and other materials for the course Students don't object to having some on-campus meetings as part of the telecourse. 10 PART III. MEETING THE NEEDS FOR EDUCATIONAL TELEVISION IN CONTRA COSTA COUNTY As indicated above, educational television has been widely used in Contra Costa County for many years and the demand for it is growing. In order to meet that demand,the television channels and infrastructure that make educational programming possible must also grow. This section describes some specific requirements. CHANNELS With the Contra Costa Community College District and California State University Hayward each having a full time channel and the Mt. Diablo Adult Education providing 6 hours of programming per week,the educational programmers in Contra Costa County can immediately fill more than two countywide educational channels. During the life of any new franchise,this number will certainly increase, so there is ample justification to require three educational channels at the start up of any new franchise with provision for additional channels as the need warrants. With the emergence of digital television, where a particular amount of cable bandwidth can be used for one channel of high resolution, or many channels of lower resolution, it is important that educational programmers get adequate bandwidth, not just channel space, and that provisions for future channels be stated as a percentage of total cable bandwidth. Furthermore, educational channels need to be on the basic tier of programming which all cable subscribers receive, and the channels must be received by all cable boxes provided by the cable company. MASTER CONTROL The two educational programmers that have channels(Contra Costa College and California State University Hayward) already have equipment at their facilities for playing programs destined for educational channels. But as Appendix H indicates, there are severe limitations. More server storage, more VCR's and more satellite systems are needed to allow these programmers to provide the level of educational television that they are capable of. Furthermore, future programmers that begin broadcasting during the franchise period will need a system consisting of servers, automation, VCR's etc. CONNECTIONS There must be connections to carry the video signal from each educational programmer to the channel origination points. These connections should consist of fiber optic cables and all transmitters, receivers and other necessary electronics. The connections must be able to interface 11 with the video standards used by the programmers(currently NTSC in all instances) and, if necessary, convert these standards to those required by the cable company. At the channel origination points there must be a routing switcher which will allow any programming source to be switched to any educational channel. The switcher must be remotely controllable by computer with manual overrides possible at any of the source locations. INSTITUTIONAL NETWORK Because of the services they provide, educational programmers could directly benefit from being connected to each other and to other institutions in an institutional network(I-Net)that carries data,voice and video information. Some examples of these services are: Broadcasting specialized educational and cultural programming to schools. Letting events and classes at schools, satellite college campuses or elsewhere in the network be shown on cable channels to reach a much greater audience Giving focused professional development classes to specific populations (e.g. teaching computer applications to an office staff) Providing face-to-face counseling services to high school students to help them with school and career choices Providing training and self-help services for the public in settings such as libraries or courts Providing centralized payroll and administrative IT services for the school districts in the county The I-Net can be seen two ways: First, it can be thought of simply as a data network to supplant the one now used by institutions and for which they must pay high monthly fees. But with it's ability to carry high quality video, it can also be thought of as complementing the broadcasting connections described above by providing additionalsites from which programs can originate and sites where programs can be sent for specific audiences without going over the cable system. This is illustrated in the figure below. The main educational programmers have their direct connection by fiber to a central switching point,but the programmers are also connected by the - I-Net to each other and to other institutions. This arrangement greatly enhances the ability of the programmers to provide educational material. The capacity of the I-Net must be sufficient for multiple streams of high-quality video. With the number of Fusers and number of I Net sites anticipated, it is not unreasonable to see the need for four simultaneous streams of 10 Mbps each. Furthermore,this video bandwidth roust be protected from the bandwidth needed for other I-Net applications. 12 MDT V Program providers Video Programs -Net Additional Additional I-Net Node FmDTV CCC f 1 f 4 1 1 Switch 1 t ; t rr t r Other Channels Educational Programmers and I-Net Connections CABLE DISTRIBUTION All program providers and all other institutions on the I-Net must have at least one cable drop (with a cable receiver)to monitor the signals they are providing to the cable system. Furthermore,any public school located in communities that are participating in the franchising process can certainly benefit from having cable drop so that they can take advantage of cable programming on educational as well as commercial channels. PRODUCTION In order to create programming that appears on the educational channels,the educational community must have access to adequate video production equipment. While some of the educational programmers already have a certain amount of production equipment,as Appendix H indicates, it is generally old and inadequate for their needs. Furthermore, many of the educational institutions in the franchise area,have no production equipment. What is needed is a new facility that is large enough to have at least two multi-camera production studios, including one that can accommodate a live audience. There also needs to be equipment for remote productions including a van for multi-camera(EFP) shoots, and camcorders with accessories for single-camera shoots. There needs to be editing suites with sufficient server capacity to store the projects of many users and portable editing systems that can be checked out to users. Ideally, this facility should be centrally located along the Walnut-Creek-Concord corridor. 13 OPERATIONS AND MAINTENANCE There are several different ways to operate educational channels, and the educational programmers of Contra Costa County are quite willing to explore different options. One approach would be to have the educators handle the entire programming process, from setting the playback schedule to doing the data entry required to switch the different program sources onto the cable channels. Another possibility would be to work with a non-profit organization(NPO)that contracts with the franchising organizations to run the public, educational and government access channels. The NPO could operate a production facility, such as described above, and handle the switching of all access programming onto the access channels. The educators would still set the schedule for their programs.and play most of the program material from their own locations. Other educational programming, such as satellite feeds, could be added at the NPO site. It is essential that the key elements used for educational television be adequately maintained. Skilled technicians must be available to repair the fiber optic links (including the electronics)that carry programming from educators' sites to a switching point and the fiber used in the I-Net. Sufficient funds must be available to maintain the production and playback equipment. 14 CONCLUSION This report has demonstrated that there is a vital need to support distance education in Contra Costa County. The report makes clear that: • Educational television has existed in the county for 30 years. • Educational institutions are currently producing enough television programming to fill more than two full-time channels,but there are only 29.5 hours per week available to broadcast programs countywide. • The number of students taking educational television courses has been increasing annually. • The population of Contra Costa County is growing rapidly and is becoming more diverse. • Students who take educational television courses express a great deal of satisfaction. • Surveys show that residents of the county want educational television. The public educational institutions are doing their part to support educational television. The Contra Costa Community College District,California State University Hayward,Mt.Diablo Adult Education, and, to a lesser degree, other school districts in the county,have invested heavily in production and broadcasting equipment. The chief executives of these institutions have publicly stated their support for county educational channels. As the letter in Appendix I states, `Educational television is an important part of our overall educational delivery system... Our three institutions have been delivering educational television for a number of years and have plans for expanded programming in the future if we acquire the necessary capability...we will continue to use our existing studios,production equipment, video libraries and satellite dishes to provide the bulk of educational programming for the new channels." This report makes clear what is needed for educational television to reach its full potential: Bandwidth for a sufficient number of educational television channels • Connectivity from program providers to a point where their programs can be switched onto the cable system • An institutional network(I-Net)that connects community institutions to each other so they can both originate and receive educational programs • Facilities and equipment that can be used to produce high quality programs. Educational television is for a broad spectrum of people. It's for full-time workers who want to advance in their careers; it's for new parents who need to be at home with their infants; it's for police, fire, and health care workers who need to keep abreast of the latest techniques in their fields; and it's for all the young people in our county who will be tomorrow's citizens and wage earners. The technology for educational television is so readily at hand. It's time for it to be put to use to do what people want. 15 APPENDIX A. THE CONTRA COSTA EDUCATIONAL TELEVISION CONSORTIUM Background Several Contra Costa County educational institutions, including Mt. Diablo Adult Education, California State University Hayward, and the Contra Costa Community College District, have been broadcasting telecourses during the last several years through CCTV,the county government channel. Recently, as the county's own programming has increased, the available additional airtime for education has become very limited. The county suggested that a new countywide educational cable channel be established and a consortium of educational users be set up to manage it. CCETC has been meeting since September 1997 to develop a plan of action. Goals One of the first tasks of the CCETC was to look at the goals that educational television could achieve. They are listed below in five separate categories: 1. Providing a Diverse Range of • Reaching a wider market, therefore a Educational Services. more educated population Degree granting courses • Continuing Education 4. Providing Flexible and Innovative . English as a Second Language Programming: • Adult Basic Education • Education can be offered 24 hours per • Job Training/Workforce day Preparation/Welfare-to-Work * Reruns so students can make-up missed • Health& Safety classes • Parenting • Same class can be rebroadcast morning, Classes for Senior Citizens afternoon, & evening to reach all • Recreational classes audiences • Telecourses can be live and provide 2. Making education universally interactivity through phone calls and email available: • Students can videotape classes for • Homebound due to medical reasons review • Those with family obligations • Those who cannot afford to travel 5. Improving the Cosa-Effectiveness of i Full time workers Educational Services: Teaching more students per class creates 3. Providing Educational Services that economies of scale Improve the Quality of Life: • Lowered institutional costs: less room + Less travel back and forth to a campus, usage, maintenance, &utilities less pollution • More time spent with families 1 In 2001, the Consortium held a major conference on Educational Television which was well attended. The conference included presentations from Dr. Joseph Ovick, Contra Costa County Superintendent of Schools,Dr. Norma Rees, President, California State University Hayward, and Dr. Charles Spence, Chancellor, Contra Costa Community College District. The Consortium is now working closely with the city and county cable coordinators to convey the goals of the educational community, so that the needs of educators are heard in the cable franchise renewal process. The consortium meets on a monthly basis and welcomes new members. For more information please contact one of the following individuals: Barry Benioff Fred Fuld Robert Rothgery Contra Costa College Calif: State University Mt. Diablo Adult Education 2600 Mission Bell .Drive Hayward - Contra Costa 3100 Oak Park.Blvd San Pablo, CA 94806 4700'Ygnacio Valley Road Pleasant Hill, CA 94523 510-235-7800, ext 4440 Concord, CA 94521 925-930-5632 bbenioff@contracosta.edu 925-602-6785 rfrothge earthlink.net f-uld�7a�,,csuhavward.edu 2 -- APPENDIX B. A BRIEF HISTORY OF EDUCATIONAL TELEVISION IN CONTRA COSTA COUNTY Educational television in Contra Costa County began at least as early as 1974 when an article in The Advocate,the newspaper for Contra Costa College, made reference to two courses being given by the college in conjunction with programs shown on KQED and K.GO television in San Francisca. The college continued to rely solely on broadest stations for telecourses until 1990 when the college got its own cable station, KCCC, through negotiations with the City of Richmond, which had secured public, educational, and,government cable channels in its franchise agreement with the cable company now owned by Comcast. K.CCC served viewers in Richmond,El Cerrito, Hercules and Berkeley with about six taped telecourses in the first semester. In 1994 the channel added a production studio and, in the next several years, expanded its television infrastructure by connecting'a classroom and three laboratories to the production control room. During this period the college produced two taped telecourse series, a 20-part "Theatre Appreciation"and an 18-part"Cooking with Class." In 1995 the college negotiated an agreement with the County of Contra Costa to provide 14 hours a week of programming on the County's cable channel CCTV. It was now possible to offer telecourses to students living throughout the county. In 2001 the college purchased a video server and automation software. Prior to this time the station's operation was completely manual,based almost exclusively on videotapes, and the station was on the air for only 42 hours per week. At the same time the channel automated, the City wanted to assert a right under its cable franchise to have the cable company show the channel full-time. The server made this easy to accomplish and the channel went to full-time operations in the fall of 2002. California State University, Hayward started offering telecourses in 1987. Using its cable television station,CNTV, in the Warren Hall building on campus,the signal initially went only to the cities of Hayward and San Leandro in Alameda County. In 1990,through an agreement with the then cable company TCI, the station expanded its coverage to six additional cities. In February of 2000, the station expanded again to its current coverage area of 11 cities, including San Ramon in Contra Costa County. Since 2000,CNTV has also been broadcasting programs on CCTV, the county governmental channel. In addition, since 2003,numerous programs are being broadcast to residents in Concord and Walnut Creek on the educational access channel of Astound Broadband. For distribution to cities in Alameda County and to San Ramon, CNTV plays programs from a video server and operates 24 hours a day. Programs on CCTV and the Astound system are played from tape. The station has educational programs for children as well as adults. Telecourses that have been offered include"College Algebra,""Modern Biology,""Mandarin and Me,""Era of Civil War and Reconstruction," and"Introduction to Service Learning." 1 Mt.Diablo Television (MDTV)was created by Mt Diablo Adult Education to train video students and to produce telecourses. The first telecourse was pre-recorded and taped at the Centra Costa Television Studio in Martinez. It was shown in March 1996. Shortly thereafter, Mt. Diablo Adult Education equipped its own production studio in Pleasant Hill and linked with Contra Costa Television by microwave. In 2003,the microware was replaced by fiber resulting in a much better quality and more reliable signal. Since one of the courses that Mt Diablo Adult Education was offering was video production,the district used the unique approach of having students in the production classes actually be the crew of the live telecourse broadcasts. This began in 1996 with a series of programs directed primarily at high school seniors. Subsequently other programs were introduced including Parenting,Adult Basic Education,English as a Second Language, Computers,CPR and other health issues,Food Safety Certification, and Preparation for GED exams. In 2003,MDTV joined Cal State Hayward in showing programs on the Astound Broadband system and by so doing increased the variety of programs it could bring to the community. 2 APPENDIX C. PROGRAMMING SCHEDULES KCCC- Contra Costa College Television Schedules 3anuary 25 - March I3r 2004 TIME SUNDAY MONDAY T TUESDAY I WEDNESDAY THURSDAY FRIDAY SATURDAY 12:00 am '.. 1:00 am F; 2.00 am u2 f, Classic Arts T. Classic Arts 3:00 am Showcase = Showcase 4:00 am > 5:00 am ^ 6:00 am Classic Arts Theatre Humanities Framework Classic Arts Exploring Classic Arts 7.00 am Showcase Appreciation thru the Arts for Showcase Society Showcase 8:00 am Democracy 9:00 aan KCCC Bulletin Beard 10:00 am Theatre Journey m to .' h Art of the Faces of A reciation Health Wstrn.World '' Culture Theatre Cooking with Framework Humanities Ethics in Art of the 11a30arn Appreciation Class Democrat thru the Arts America Wstrn.World 12:00 pm KCCC Bulletin Board and Special ��� �; � �,, Marketing Programming , ` Theatre 1:00 pm ,�' 6�.� A reciation Framework Faces of Accountin 2:00 pm for planet Earth Culture Planet Earth Democracy 3:04 pm Journey to Classic Arts Col.Profiles Health 4:00 pm Marketing Society Exploring Humanities Society thru the Arts Humanities Community US peps of American 5:00 pm thru the Arts Progr ing Education Cinetx 6:00 pm KCCC Bulletin Board.„ Ethics in America 7:00 pro Theatre Journey to American Art of the Framework A Classic Arts reciation Health Cinema Wstrn.World Democracy 8:00 Pm Exploring Cooking with Framework Humanities Ethics in Showcase Cooking with Society Class Democracy thru the Arts America Class 9:00 pm Marketing Planet Earth Faces of Exploring Exploring Culture I Society Society 10:00 pm Classic Arts Showcase Accounting Accounting i 1:00 pm KCCC Bulletin Board Cable 24 in Richmond,El Cerrito,Hercules,Berkeley,and parts of El Sobrante programs can also be seers on one of the following cable channels: Cable 19 (except where the cable system has been rebuilt where it is Cable 15)in Alamo,Albany,Bethel Island,Brentwood(Old),Byron,Clyde,Danville (ATT),Discovery Bay,Knightsen,Lafayette,Martinet,lvloraga,Oakley,Orinda,Pacheco,Pleasant Hill,Rossmore and Walnut Creek(ATT) Cagle 15 or 27(depending on where your address)in Clayton and Concord (AIT Cable 32 in Concord and Walnut Creek (Astound) Cable 10 in Blackhawk and parts of Danville(Ponderosa) Cable 27 in Albany,Antioch,Bay Poiret,Brentwood,(New),Crockett,parts of El Sobrante,Pinole,Pittsburg,Rodeo,San Pablo and San Ramon ............... ....... ...........I.,......... TYPICAL PRQGRAMMING SCHEDULE OR CNTV TIME MONDAY TUESDAY WEDNESDAY THURSDAY R_ AY SATURDAY SUNDAY 12:00 am Movie special Arts SperJai Arts Special M04 12:30 am 1:00 am WLTV Comedy Film Foreign Film Western Film Family Film Action Mmle WLTV 1:30 am WLTV 2:00 am WLTV WLTV WLTV 2:30 am Superman Superman Late Night Movie Superman _4 3:00 am Movie Art Chante# Art Channel superman Art Channel movie 3:30 am 4:00 am 4:30 am 5:00 am Arts Art 5:30 am 6:00 am Art Channel Mandarin and Me Mandarin and Me Art Channel 6:30 am 7:00 am Lecture Aft Lecture Arts Lecture Lechn Cedars 7:30 am 8:00 am Lecture Lecture Lecture Lecture- Lecture 8:30 am 9:00 am Duck Duck Goose Special Duck Duck Goose Special Duck Duck Goose buck Duck Goose Buck Duck Goose 9:30 am Civil War Superman Civil War Superman Sir Lancelot Sir Lancelot SirLSIFICS$Dt 10'00 am College Algebra Astronomy College Algebra Astronomy Bonanza Bonanza Bonanza 10:30 am 11:00 am Modem Biology Mandarin and W Wdern Biology Mandarin and Me Modem Biology Scarlet Pimpamel Scarlet Plimparrial 11:30 am It 11 Zono/Jr.G-Men Zoffo/Jr.G-Men 12:00 #n Special One on One Special One on One special special Special 12,30prp Service Learning Service Learning 1:00 Pm Movie WLTV Movie WLTV movie movie Movie 1:30 pm, WLTV WLTV 2:00 pm WLTV WLTV 2.30 pq! Superman Superman Superman 3L00_pm College Algebra Astronomy College Algebra Astr-onomy Scarlet Pimpernel Music Music Music music Music mu* 3:30 pm Zorro/Jr.G-Men Dining Out Dining Out 4:00 pm Duck Duck Goose Special Duck Duck Goose Special Duck Duck Goose -Duck Duck Goose Duck Duck Goose 4:30pT Civil War Civil War Ozzie&Harriet Ozzie&Harriet Ozzie&Harriet 5:00 PM Lecture WLTV Lecture WLTV Lecture WLTV WLTV 5:30 WLTV WLTV WLTV WLTV 6:00 pm Lecture WLTV Lecture WLTV Lecture WLTV WLTV 6:30 pm 7:00 pm Special One on One special One on One special One on One One on One 7:30 pm _ Service LeamN Service Learning Service Learning— Service Learning 8:00 pm Comedy Film Foreign Film Western Film Farrilly Film Acton Movie Lecture Lecture 8:30 pm 9:00 in Lecture Lecture 9:30 Pm Superman Superman 10:00 E Lecture One on One Lecture One on One Lecture One on One One on One I 0:PService Learning Service Leamling Ozzie&Harriet Ozzie Harriet _Pm 11:00 Pm I Lecture Arts Lecture Arts Lecture Movie Movie 11:30 Pq_I 2 MDTV On Centra Costa Television DAY TIME PROGRAM Sundays 6:00 pm-7:00 pm Connecting with English for All 7:00 pin-8:00 pm Understanding the GED Test Wednesdays 7:30 pm-8:00 pm Prod Safety 8:00 pm-9:00 pm Connecting with English for.All Thursdays 11:00 am- 12:00 pm ling the GED Test 3 ...........................I......... EDUCATIONAL PROGRAMMING ON THE ASTOUND BROADBAND SYSTEM Time Sunday Monday Tuesday Wednesday Thursday Friday Saturday 7,00 PM MDTV CSUH 7:30 PM MDTV CSUH 8:00 PM MDTV CSUH 8:30 PM MDTV CSUH 9:00 PM MDTV MDTV CSUH 9:30 PM MDTV MDTV CSUH --- 10:00 PM CSUH MDTV CSUH 10:30 PM CSUH MDTV CSUH 11:00 PM CSUH MDTV CSUH MDTV Gray patterns represent timeslots set aside for K-12 and other educational institutions. APPENDIX D. EXAMPLES OF EDUCATIONAL TELEVISION CLASSES PRESENTED IN CONTRA COSTA COUNTY CONTRA COSTA COLLEGE American Cinema-A wide range of perspectives and comprehensive, multi-dimensional view of filmmaking, teaching students to become more active and critical viewers as they question the images of America they see on the movie screen and redefine their own relationship to those images. Art of the Western World - Examines the works of art that have come to define the Western visual tradition from ancient Greece to the present day helping students appreciate the formal qualities, iconography, and technical achievements of extraordinary monuments. Discovering Psygholo v- Covers the fundamental principles and concepts of psychology, including brain and behavior, sensation,perception, conditioning, learning, cognition, motivation, emotion, life-span development, self-identity, sex, and gender. Includes original footage of classic experiments, interviews with renowned psychologists,and emerging research. Ethics in America- Examines contemporary ethical conflicts, such as the responsibility of the press and whether soldiers should follow orders that violate international conventions,and provides,grounding in the language, concepts, and traditions of ethics Faces of Culture-Major features of culture including subsistence patterns, organizing devices, patterns for transmission of culture, economics, political organization, social control, and culture change. This introductory anthropology course includes classical ethnographic films and examines methods of anthropological research and theoretical orientations. Humanities through the Arts -Tour the arts of music,drama,poetry,painting and sculpture, guided by poet Maya Angelou. The course stimulates discussion of art in all it's many forms, and reveals much of the thought of a particular period of time as evidenced in its art. It's Strictly Business - Provides students with a general survey of business on a national and an international scale, identifies the roles and responsibilities of business in modern society,and focuses on selected disciplines and processes within the business community. Planet Earth- Studies the state of our planet, its interior, oceans,continents, mountains and volcanoes, energy and mineral resources,climate and atmosphere. The series unifies earth science, astronomy, and comparative paleontology into an integrated discipline that relies on common scientific methods. Theatre Appreciation-A whirlwind tour of the theater by the effervescent Clay David,teacher of theatre and drama at Contra Costa College. In 20 segments viewers travel from ancient Greek drama to modern interpretive theater. A truly interesting and entertaining way to be introduced to the theater,whether one is a neophyte or a frequent theatergoer. CALIFORNIA STATE UNIVERSITY HAYWARD College Algebra- Includes functions and graphics. polynomials,rational functions, exponential and logarithmic functions. Taught by Professor Julie Class. Designed to develop problem- solving skills. Modern Biolo&-Covers how DNA works,what evolution means, and the effect of recycling on the environment. Taught by instructor Allen Dixon. Mandarin and Me-An introductory course taught by Professor Sheree Lin that covers the basic skills for communicating in Mandarin. Era of Civil 'War and Reconstruction -This series focuses on the antebellum decade of the 1850s, the Civil War, the Reconstruction period, the causes of the Civil War, the main precedents it established, and Americans'views and values during this time. Introduction to Service Learnini-If teachers and community members are going to implement service learning and establish a closer relationship between the schools and the community,they need to understand both the philosophical basis for strategy and have the tools to begin the process of using service within their teaching.This course introduces the meaning of service learning. It shows a step-by-step approach to successful implementation of service learning as a teaching and learning strategy. MT. DIABLO ADULT EDUCATION Lifelong Learning-A series for seniors on issues ranging from care facility selection to personal health issues in the older populations. 1996-97 Lifelinks-A series of instructional programs in first aid,CPR, and emergency preparedness in Contra Costa County. 1996-97 Raising;a header fI and Il)-A popular telecourse with more than 600 registered students. The program helped parents work with children who had issues related to reading. Received a Bay Area Cable Excellence Award in 1998. 1997-99 Family Milestones(I and IIS- A parenting series growing out of success with "Raising a Reader" This program addressed children up to the age 12. 1998-2000 Entering�English-This ESL series combined a PBS series with live instruction and interviews with immigrants and others for whom English is a new language. 1998-99 Opening New Doors -This is a workforce preparation series for people entering or re-entering the job market. This program provides basic skills such as resume writing and basic information about work.practices. 1999-2000 Introduction to Computers Basic instruction in the operation of Windows computers. The instructor for this series was chosen for her unique ability to communicate to the target audience. This program garnered the highest number of registrations of all telecourses produced by MDAE. 2000-01 Introduction to the Internet - Follow-up telecourse to"Introduction to Computers." 2001 Food Safety - A seven part series for professional certification. This project was field produced and featured numerous tours with a County Environmental Services Inspector. 2001-04 CPR/Infant and Child CPR/CPR:for Health Care Providers - Special training programs in CPR. 2001-04. TV-411-Tune Into Learning- This program is based on the PBS series on adult literacy and adds an additional 35 minutes of instruction to the"TV-411"programs. 2001-02 Understanding the GED Test-This 2E-part series helps prepare students for the GEIS test. The program covers all five areas of examination and contains a PBS program insert series. 2.002-43 M Lrkplace Essentials Skills-A workforce preparation series combined with a PBS series to assist job seekers in finding and keeping a job. Emphasis is to the job market in Contra Costa County. 2002-03 Connectina With English for All -This fast paced learning oriented series was a finalist in the 2003 WAVE competition sponsored by the Alliance for Community Media. 2003-04 i CABLENET TVICCTV SURVEY REPORT In November and December of 1998 a sample survey of residents of Alameda and Contra Costa Counties was conducted on behalf of CSU1-i CableNet TV and Contra Costa Television. The survey objectives were as follows: 1) To identify the number of residents currently aware of CableNet and CCTV. 2) To identify the number of residents who watch CableNet and CCTV. ' 3) To identify the frequency of watching CableNet and CCTV. f l 4) To assess the types of programs the residents would like to see more of in the future. i 5) To find out how much residents are willing to pay for an additional educational and government access station. What follows is a summary ofthe results of the survey with respect to the survey objectives listed above as well as information about the survey procedure, sample demographics, s and anecdotal information collected from observations during the process of conducting the survey. URVEVPROCEDURE The Questionnaire The survey questionnaire(see Appendix)was designed by Dr. Valerie Sue. The questions were developed following consultations with CableNet Executive Director, Nuke Orkin and Contra Costa Television Executive Director,Patricia Burke. Questions were written to address each of the survey objectives noted above; all are written in a closed-ended format in order to increase the reliability of the instrument. Three stages of pre-testing were conducted by trained undergraduate and graduate statistics students at California State University,Hayward under the supervision of Dr. Sue. Revisions in question wording,response options and question order were made after each pre- test. 1 2 Sampling A random sample of residents of Alameda and Contra Costa Counties with telephones was selected. Telephone numbers were generated by combining known residential telephone prefixes(collected from Pacific Bell reverse telephone directories)withcomputer-generated random four-di$it numbers. This variant on the typical random-digit-dialing procedure allowed for the inclusion of residents with unlisted telephone numbers while reducing the occurrence of unusable numbers(e.g.,businesses,out-of-service numbers,faxes,etc.). From the initial sampling frame(n--640) 135 questionnaires were completed. Table 1 below describes the breakdown of the sample by county, Table 2 lists the number of respondents in each of the 23 cities sampled. Tabic t Counter Representation County Frequency Percent Alameda fig 51.1 Contra Costa 66 48.9 -- Total 135 100.0 1 i i r f f I} I r 3 'T'able 2 City Representation City Frequency Percent Alameda 1 7 Alamo 1 .7 r Valle 6 4.4 rd 7 5.te 3 2.2 1 7 remora 11 8.1 a and 17 12.6 afa ette 10 7.4 ivermore 3 2.2 nez 9 6.7 `1 itas 2 1.5 ewark 2 1.5 akla:td 3 2.2 akle 5 3.7 rinds 14 10.4 ittsbur 6 4.4 leasanton 4 3.0 San Leandro 7 5.2 San Lorenzo 1 7 San Ramon 4 3.0 Union City 16 11.9 Walnut Creek 2 1.5 Total 135 100.0 The Interviews The survey interviews were conducted by trained undergraduate and graduate statistics students from Cal State Hayward. Telephone calls were made from the CSUH campus; interviews were conducted between 4 and Spm on weeknights and from 10am to Bpm on Saturdays. All interviews were completed between November 3, 1998 and December 10, 1998. Participationn in the survey was voluntary and confidentiality of the respondents was assured.' ` Names and address were collected from respondents who indicated that they would like to receive information in the mail about educational and government access television. r 4 SAMPLE AEMOGRAPffiCS The following tables and figures represent the demographic makeup of the survey sample. As the illustrations indicate the sample consists of 66.4%female respondents and 33.6% reale respondents. The average(mean)age of all of the respondents is 46. The median level of education completed is"some college"and the median household income was reported to be between$61,000 and $80,000 per year. The category"white"was the most frequent response (62%)to the question regarding respondents' ethnicity. Table 3 Gender Gender Frequency Percent Male 46 33.6 Female 89 66.4 Total 135 104.0 Figure 1 Respondents' Age R's age 7- 4- 3.43 2 Age range= 16 86 Mean age 46.43 g Median age=43 16 14 22 25 29 33 3& 40 44 SO 33 36 S9 64 68 71 79 86 R's age Respondents' Educational Levet Ws education 30- 20 30 gra&-sabool MO schoo I PvA 2-yew COUOV grid school some hio school some collev 4-yew college R's educ stun Figure 3 Respondents' Income Levet Household income 30- 20- to- as 0 Vv V % :6 to e. 110 0 J., 110 40 0 0 Household income b Respondents' Ethnicity R's ethnicity ,o 6o SU 404 30- 204 iu ci sftfew-aaiericut hf�� vhita mim pacific itiander other R's ethnicity GENERAL T'V WATCHING The first set of questions on the questionnaire address the respondents' general level of involvement with television. The questions askedrespondents to indicate how much TV they watch on a typical day, if they used the TV program schedule in the newspaper,if they were cable TV subscribers, if they knew the name of their cable company and if they used the on- screen program guide, The next set of figures display the distribution of responses on these general questions about television watching. ............................ ................................... ............. z. 7 Figure 5 How Much Time Watching TV on a Typical Day How much time watching TV 30 20, 10 Range 0-8 hours Mean=2.5 hours 0Median=2 hours Ion. .0 4 1.0 IZ 20 25 3.0 :fS 4.0 &0 670 7.'0 80 How much time watching TV Use of Newspaper TV schedule The majority of the 134 respondents answering the question about use of the TV program schedule found in the daily newspaper reported that they did not use it(601%),whereas 4(P/a reported that the did use the schedules. Table 4 TV Program Schedule Use of NP schedule Frequency Percent Yes 53 40 No 81 60 Total 134 8 Subscribe to Cable TV When asked about cable TV subscriptions, most(74%) of the respondents indicated that they were cable TV subscribers. Table 5 Cable TV Subscribers Subscribe to Cable Frequency Percent Yes 100 74 No 35 26 Total 135 100.11 The 35 respondents who are not cable TV subscribers were not asked specific questions about the programs airing on CableNet and Contra Costa TV. They were however, asked about programs they would litre to see more of in the future. Cable Company Name The 100 respondents who said they were cable TV subscribers were asked a follow-up question to find out if they knew the name of their cable TV company. Of these respondents,90 (90%)responded correctly and said"TCI." Of the remaining 10 respondents,.8(8°/0)gave a variety of incorrect answers including"TCA,"'Univision,"and"Paramount." Two respondents said they couldn't recall the name of their cable TV provider. Use of the Preview Channel The 100 cable TV subscribers were then asked if they used the Preview Channel,the on- screen program guide. In pre-testing it was determined that when the words"Preview Channel" were not included in this question and respondents were simply asked about the"on-screen program guide"there was confusion. Many of the pre-test subjects requested fiu#her explanation of this term. Table 6 presents the results of this question. 4 Table 6 Use of the Preview Channel Use Preview Channel Frequency Percent Yes 36 36 No 61 61 Don't know 3 3 Total 100 100 USE OF EDUCATIONAUGOVERNMIENTAC&ESS TV The survey respondents who reported being cable TV subscribers(n=100)were asked if they were aware of the educational and government access channel provided by their cable company. Alameda County residents were asked specifically about CableNet TV and Contra Costa County residents were asked about Contra Costa TV.2 These respondents were also asked how they became aware of CableNet and CCTV and how often they watch CableNet and CCTV. The Contra Costa County residents who reported being aware of CCTV were also asked if they use the CCTV InfoNet Interactive service. Table 7 Aware of Access TV(Both counties combined) Aware of Access TV Frequency Percent Yes 49 No 48 48 Don't know 3 3 Total 100 100 Table 7 indicates that of the 100 respondents who are cable TV subscribers 49 said that they were aware of their educational and government access channel. 2 In pre-testing it was determined that nmtion ng the name of the educational and government access channel (CableNet and CCTV)made a significant difference in respondents'understanding of this question. Many pre-test subjects knew of CableNet and CCTV but didn't know that they were educational and government aces channels. 10 Table h Aware of Access TV by County Aware of Access TV Frequency Percent - Alameda Co. 23 47 Contra Costa Co. 26 53 Total 49 100 Of the 49 respondents who were aware of the educational and government access channel in their county,23 were Alameda County residents and 26 were Contra Costa County residents. How Respondents became aware of Access TV As indicated in the figure below a majority(62®,0)of the respondents reported becoming aware of their educational and government access channel through channel surfing. Figures 6 and 7 are based on a sample size of 49(the combined number of respondents from both counties who said that they were aware ofCableNet or CCTV). Figure 6 Hove 1R.became swam of Access TV(Both counties combined) How became aware 70 60 so 40 30 20 to LWM lu ci p came co info. Channel sarftg other Word of mouth Metin board How became aware it How often respondents watch Access TV(Both counties combined) The 49 people who said that they were aware of the educational and government access 4 s , channel in their county were asked how frequently they watched the channel. Respondents were given the options of "frequently,""occasionally,"or"never." Of the 49 respondents, 2(4°l0) said they watched the channel frequently, 41 (84%)said they watched it occasionally,and 6 (12%)said they never watched the educational and government access channel. Use CCTV InfoNet Interactive Of the 15 respondents who answered the question about using CCTV's InfoNet Interactive,4 (27%)said they had used it, 11 (73%)said they had not. VIEWINGF SPE RANI ALAMEDA GO ABLENET The Alameda County residents who reported being aware of CableNet TV and watching it at least occasionally(sample size=20)s were asked how frequently they watched a list of the programs currently airing on CableNet. These responses were recorded using a 1-to»5 point scale where 1 indicates that the respondent never watches the program and 5 indicates that she watches it frequently. The following table lists the average(mean)scores on the 1-to-5 point scale for each of the CableNet programs. Smaller numbers indicate less viewing of the specific program,numbers closer to 5 indicate more frequent viewing of the programs. 3 Of the 23 Alameda County residents who were aware of CableNet,2 said they watched the channel frequently, 18 reported watching it occasionally,and 3 said they never watched CableNet. 12 Table 9 Frequency of viewing of programa airing on CableNet CableNet Program Mean viewing score One on One 1.31 Read Can 1.54 _ Pun Fitness 1.69 College Algebra 2.15 Sports Plash 2.15 Modem Biology 2.15 Literacy and Literature 1.69 Astronomy: Mysteries of the Sky 2.15 Story Time 1.08 So You dant To be a Teacher 1.23 Mandarin and lie 1.15 Micro Economics 1.38 Introduction to Business Communication 1.38 3MW_ ~t RE—CREC—M-C PR N --C Respondents in the Contra Costa County sample who reported watching CC'T'V at least occasionally{sample size=23}4were asked how frequently they watch each of 1 l programs currently airing on CCTV. Responses were recorded on a 1-to-5 paint scale where a snore of 1 means that the respondent never watches the program while a score of 5 indicates that she watches the program frequently. Of tete 26 Comes Costa County respondents who said that they were awam of CCTV,zero noted watching CCTV fregwntly,23 said they watch CCTV occasionally and 3 said they never watch CCTV. ............ ............................ ..................... ..................................... 13 Table 10 Frequency of viewing of programs currently airing on CCTV CCTV Program Mean viewing score Ask the Doctor 1.00 At Your Service 1.00 Modem Biology 1.20 College Algebra 1.28 Family Time Diner 1.90 Senior Wormation Journal 1.00 NASA Programming 1.00 Astronomy- Mysteries of the Sky 2.45 Story Time 1.10 Micro Economics 1.00 Introduction to Business Communication 1.00 ADDITIONS TO C&SLE IBI The 43 respondents who answered the questions about the frequency of their viewing of the specific CableNet and CCTV programs were also asked how much they would be willing to have added to their monthly cable TV bill to support an additional educational and government access channel. The question was asked in the following way, "If anything had to be added to your monthly cable bill to support an additional educational and government access channel, what is the most you'd be willing to accept?" Respondents were then immediately provided with a set of response-options that included 0, 5 cents, 10 cents, 25 cents, 50 cents and I dollar. In focus group interviews that accompanied the pre-testing of the questionnaire, it was discovered that if respondents were asked this question in an open-ended format they most often reported that they would not be willing to have any amount added to their cable bill. When asked why they responded as they did,pre-test subjects said that they assumed that the interviewer meant$10 a month or more. Most of the pre-test subjects were surprised to team that they could respond with as little as 5 cents a month, many said they would be willing to have 14 up to a dollar added to their bill,they simply didn't realize that such a small amount would make a difference. Table 11 Amount willing to be added to cable bill Amount Frequency Percent 4 Cents 5 12 5 Cents 3 7 10 Cents 11 27 25 Cents 5 12 54 Cents I5 37 I dollar 2 5 (Sample s. =41;2 respondents who were asked this question did not answer.) ale 11 indicates that 81%of the respondents said they would he willing to pay at least 10 cent Xtra for an additional educational and government access channel. FITT PRQGRAM-- e final set of questions was answered by all of the respondents,not just those who are current' .able TV subscribers. These questions asked respondents to rate on a 1-to-5 point scale the typt )f programs they would like to see more of in the future. An answer of I means that the resp. dent is not at all interested in a particular type of program,an answer of 5 indicates that the 3pondent is very interested in the type of program mentioned. We 12 lists the program categories and the mean response for each type of progran ing;a low mean(i.e. a number closer to 1 than 5)should be interpreted as a lack of interest the type of program mentioned, a high number(i.e. one closer to 5)means a strong interest the program. 15 Table 12 Interest in future programming i Program Type Mean interest score Local news programs 4.14 Local sports programs 2.51 Programs for children 2.59 Programs for teens 2.30 Programs for senior citizens 2.24 Family programs 3.48 Programs covering county issues 2.69 Programs covering health care issues 3.02 Drama programs 3.17 j City Council meetings' 1.75 Election information programs 3.14 Televised college courses 2.74 College degree or certificate programs 2.71 Shows about science and technology 3.42 Foreign programming 2.38 Home improvement programs 2.83 Comedy shows 3.23 Action/Adventure programs 2.89 ° Talk shows 2.35 } Daytime soap operas 1.69 (Sample size varies for each of the program categories in Table 12;all are within the range 131-133.) .._....................................................... 16 SUMMARY This project set out to investigate a specific set of questions, including: the number of residents of Alameda and Contra Costa Counties who currently watch CableNet TV and CCTV, which programs currently airing on each station are most frequently watched,the types of programs residents would like to see more of in the future and how much residents would be willing to have added to their monthly cable bill to support an additional educational and government access channel. It was discovered that the sample watched an average of about 2 hours of television per day. Of the 100 respondents who subscribe to cable TV about half said they are aware of the access TV channel in their county, and a majority of them(62%)became aware of the channel by channel surfing. Of those who were aware of their access channel 88% said they watched it at least occasionally. Of the programs currently airing on CableNlet the most frequently watched were College Algebra,Sports plash, Modem Biology and Astronomy: Mysteries of the Sky. The most frequently watched CCTV programs were Astronomy: Mysteries of the Sky and Family Time Diner. The programs respondents would like to see more of in the future include local news programs(the highest mean score),family programs, and shows about science and technology. The least favored programs include daytime soap operas and city council meetings. When asked how much they would be willing to have added to their monthly cable bill 81%of the residents said they would be willing to pay at least 10 cents extra for an additional educational and government access channel. While on first glance the survey sample size of 135 may not seem large enough to provide much insight into the original research questions,the process by which the sample was generated ensures fair and accurate representation of the views of the residents of Alameda and Contra Costa Counties. The two-step process of randomly selecting telephone prefixes from the two counties then combining the prefixes with computer-generated random four-digit numbers provided a sampling frame that included all residents of the two counties who had a telephone. Since nearly all(those who do not have telephones excepted)of the residents of the two counties were equally likely to be selected to participate in the survey we have a random sample. Another feature contributing to the validity of the results presented here is the extensive pre-testing of the questionnaire conducted prior to the administration of the survey. Three stages of pre-testing were conducted with about 20 pre-test respondents participating at each stage. I� During each phase of the pre-testing test respondents were interviewed using the current version of the questionnaire and then debriefed. The debriefing interviews provided an opportunity for the test respondents to comment on question wording,the questionnaire format and interview style. This process also provided the student interviewers with valuable training and feedback on their interviewing skills. While the pre-testing of the questionnaire served its intended purpose it also provided interesting information from the approximately 60 pre-test respondents.s What follows are a few of the comments and observations from the pre-test respondents. • When the term"access TV"was used respondents often thought it mean public access TV. The addition of"educational and government"seemed to clarify this confusion. • Some respondents commented that they know television stations by their names or call letters (Discovery, Lifetime, KGO)and don't usually refer to the stations by channel number. These respondents said that the use of the word"cable"in CableNet and the county name "Contra Costa"in Contra Costa TV create confusion and do not contribute to name recognition. One respondent suggested changing the name of CableNet to Cal State Hayward TV. • When the question about additions to monthly cable bills was asked many of the pre-test respondents provided the answer"zero"before the interviewer finished asking the question. When respondents discovered that they could give the answers--10 and 25 cents they often changed their original"zero"choice. s It is important to note that observations from pre-testing are anecdotal. I it Ik rI'S .. C i Y V i WALNUT CREEK COMMUNITY LIBRARY NEEDS ASSESSMENT New Downtown Walnut Creek. Library Sara T. Behrman,Consultant Critical Solutions, Inc. Revised December 2003 Community Library Needs Assessment � � ��TABLE� ^� CONTENTS � OVERALL EXECUTIVE SUMMARY........................................................... ................. ............. -..........1 - NEEDS ASSESSMENT METHODOLOGY.......... ............................................---............................... .3 Executive Summary Community i Iomnlvcmemt&Methods Used toElicit Input......................................................................... 5 - • Vision for the Future Comtuittec......................................................................................................... -.5 ~' • Focus on the Future Program--...~....---.----.....-..-..---.--......-...----.i • Service toYouth and FuouiUeoTask Force....................................................................... -.. .................0 • Service toBusiness Task Force...................................................................................................................7 • Service tnSeniors Task Force...................................................................................................................9 * 2\ Library Facilities Study for Walnut Creek.................................... .................................... ...................1O _~ • Proposition 14kThe Walnut Creek Library Connection.........................................................................12 * Civic Park Master Plan................................................................................................................................12 ` � • Walnut Creek Library Foundation................. ....................................................................... ...................13 w Design Input for uNew Library..----.-.-.---------------....-.----.~...-.-- 14 _^ wi ___.,,_------......------....-..----..--.-----� 14 � ' w Parcel Tax Support—._------~..----.--..------~.-.-~-------.-------17 • Measure [lParcel Tax for Library Services............... .................... ........................................................27 -� • Community Conversations Continue................................................ ............................................ ..........18 SchoolDistricts' Involvement..................... ..................................................... ............ ......... ................ ....... 19 -7 * Walnut Creek School District........................................................ ............... ...... ............. .......................21 -� • AuculaueaUnion High School District................................................................................... ....................24 , COMMUNITY ANALYSIS......-~^^^'^-^^^^^^~^'-'`^^^^^'-'^''^^^^^^'''^^~'^'^^~^^^^^^-..26 SummaryExecutive _ � Governmental Agencies � ..,,___,,,,,,_,~,,~,,~__.._,__~..-,-..-......-....~.-....~28 -� wWalnut Creek City Council..........................................................................................................................28 _ mCity ofWalnut Creek Staff..........................................................................................................................28 � 28 -^ • Contra Costa .-.....'-.....---..~-_....,_~.~_.___,,___,.,,____,,~ • Contra Costa County Board of Supervisors~...--.-..._-------_.----..~----.._-..29 -� • Contra Costa County Administration-^-...---''.--.'''----^^^----^---^'^'---^~--29 -� School Agencies �0 - .--.---...----..----'----_-----_----,_,-__-_.______~,_ , � Public Schools....--....----'.---..----.~..--.....~--...-.--_----....--._.--'3V -~ WalnutCreek School District................................................................. ....................... ...................3U AcwlaueoUnion High School District-...--..--------------'..----..--.-..3O MtDiablo Unified School District.....................................................................................................31 _ mom - 'CRE'E'KWalnut Creek Library _ _ �� ������������������. � Community Library Needs Assessment • Service Needs of Public Schools................................................................................................................31 • Private Schools..............................................................................................................................................31 • Home Schoolers............................................................................................................................................32 • Nursery Schools and Daycare Centers...................................................... ...32 • Colleges ..........................................................................................................................................................32 CommunityOrganizations.................................................................................................................................33 • Community Organizations' Service Needs...............................................................................................34 DemographicData&Analysis..........................................................................................................................35 • Historical Increases in Population..............................................................................................................35 • Current and Projected Population..............................................................................................................36 • Population Composition by Age ...............................................................................................................36 • Households....................................................................................................................................................38 • Median Property Value ...............................................................................................................................38 • Population by Educational Level................................................................................................................39 • Literacy Rate..................................................................................................................................................40 • Population by Occupation and Industry...................................................................................................40 • Commuting to Work....................................................................................................................................42 • Per Capita Income........................................................................................................................................43 • Unemployment Rate...................................................... • Poverty Rate...................................................................................................................................................44 • English Language Learners .........................................................................................................................44 • Average California API................................................................................................................................45 ANALYSIS&DISCUSSION OF COMMUNITY CHARACTERISTICS.............................................47 • A Regional Center for Commerce..............................................................................................................47 • An Entrepreneurial Hub..............................................................................................................................48 • A Shopping Destination..............................................................................................................................48 • Home to the Region's Major Medical Facilities.......................................................................................49 • A Regional Center for Arts and Cultural Activities.................................................................................49 • An Abundance of Recreational Opportunities.........................................................................................50 • A Leader in Smart Growth..........................................................................................................................51 • Excellence in Education..............................................................................................................................52 • Characteristics of Walnut Creek's Residents.............................................................................................53 • Future Trends for Walnut Creek................................................................................................................54 ANALYSIS OF LIBRARY SERVICE NEEDS...........................................................................................55 Executive Summary • Collections.....................................................................................................................................................55 • Programs........................................................................................................................................................55 cARY-11New Downtown Walnut Creek.Library Community Library Needs Assessment • Multi-purpose Spaces...................................................................................................................................56 • Technology........................................................................ ......56 In-Depth Analysis of Library Service Needs...................................................................................................57 • Overall Service Needs..................................................................................................................................57 • Service to Children and Their Families .................................... • Service to Students...................... ......... ..............................59 • Service to Teens............................................................................................................................................60 • Service to Adults...........................................................................................................................................60 • Service to Seniors..........................................................................................................................................61 • Service to Businesses..................................................... ......61 • Service to Community Organizations........................................................................................................61 SERVICE LIMITATIONS OF EXISTING LIBRARY FACILITIES.....................................................62 Executive Summary Services Needed,but Impossible to Provide in Existing Building...............................................................64 • Collections ..................................................................................................................................................._64 • Readers'Seating................................................................................................................................... • Staff Offices,Work Stations, and Visual Supervision.............................................................................69 • Technology................................................................................................... 7 • Meeting Rooms.............................................................. ........71 School Library Services Needed but Currently Unavailable.........................................................................72 PHYSICAL LIMITATIONS OF EXISITING LIBRARY.........................................................................73 Executive Summary Physical Limitations of Existing Library..........................................................................................................75 • Structural........................................................................................................................................................75 • Energy Conservation....................................................................................................................................75 • Health&Safety.............................................................................................................................................76 • Disabled Access............................................................................................................................................76 • Acoustics..................................................................................... ...76 • Space Flexibility J Expandability................................................................................................................76 • Functional Spatial Relationships.................................................................................................................77 • Site...................................................................................................................................................................77 ciEEK' New Downtown Walnut Creek Library Com* Lib=Needs Assessment SPACENEEDS ASSESSMENT.......................................................................................................78 • Library Collections........................................................................................................................................78 • Readers' Seats................................................................................................................................................79 • Technology....................................................................................................................................................80 • Staff`Offices and Work Stations.................................................................................................................80 • Meeting Room Space...................................................................................................................................81 • Special Purpose: Miscellaneous Space Needs...........................................................................................82 • Non-.Assignable Space.................................................................................................................................82 • Library Space Square Footage Allocation Summary...............................................................................83 APPENDIX A: BUILDING ASSESSMENT REPORT FOR THE WALNUT CREEK LIBRARY c E Nein Downtown Walnut Creek Library Community Library Needs Assessment OVERALL EXECUTIVE SUMMARY On Friday, October 8, 1999, a large group of Walnut Creek residents joined Senator Richard Rainey as he attracted statewide media attention to the need to dramatically improve public library services for the people of California. The appallingly inadequate Walnut Creek Library served as his "poster child," representing outmoded library facilities throughout the state. Senator Rainey, author of Senate Bill 3, which later became Proposition 14, urged Californians to vote in favor of this $350 million proposition, on the ballot for March 7, 2000. Thankfully, the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 was approved by the voters. When the existing Walnut Creek Library opened in 1961, only 9,903 people lived in the City of Walnut Creek. By 1970, this population had increased four-fold to 39,844.When a second library, the Ygnacio Valley Branch, opened in 1975 to improve library services to the residential neighborhoods east of the City's downtown, it did little to relieve pressure on the downtown library. By 2000, the population of the City had grown to 64,296 making the 9,240 square foot library severely inadequate. There is not enough room for the collections, services and programs currently desired by the community, nor is there space to accommodate new technology or future services. A New Downtown Walnut Creek Library, with a total 41,289 square feet of space, is desperately needed to adequately meet the library needs of today's Walnut Creek and to provide for future growth of this dynamic City. The citizens of Walnut Creek take great pride in their City's status as a regional center for the arts, finance, entrepreneurial commerce and health care. They desire an attractive, easily accessible downtown library to match the high quality of other City amenities and services. They want a library equal in stature to the Dean Lesher Regional Center for the Performing Arts, to the City's vibrant downtown, and to the City's extensive arts education program. Community input has shown that the overwhelming majority of residents do not believe the current library meets this need; and a 1998 facilities study commissioned by Walnut Creek and the Contra Costa Library supports this belief. This comprehensive study rated the existing library as physically inadequate, especially in the categories of seismic performance, energy efficiency,health and safety, functional spatial relationships, and accessibility. Walnut Creek's residents have put a great deal of energy and thought into planning their New Downtown Walnut Creek Library. This population of highly educated adults, 94.9% of whom have graduated from high school or attained a higher level of education, demands a new Library that can meet their educational and informational needs. These civic-minded adults, 75% of whom serve as active volunteers, want the New Downtown Walnut Creek Library to provide a place for community groups to meet, collect information and materials that support their activities, and serve as a neutral forum for the exchange of ideas with others. Eighty-five percent of Walnut Creek's residents have computers at home and at work. In fact, Walnut Creek's large community of active seniors, which at 25.3% of the population is more than two times greater than the national average, is technologically astute. These —9 CREEK New Downtown Walnut Creek Library _. Community Librqy Needs Assessment seniors have asked that the New Downtown Walnut Creek Library offer classes on new information technologies. Community input confirmed that there is high expectation that the Library will be a leader in introducing new technologies and electronic resources, and instructing the public in their use. Without a New Downtown Walnut Creek Library, the Contra Costa County Library is unable to offer the scope and depth of library programs, resources and services essential to residents of such a vibrant, thriving urban community. Without a New Downtown Walnut Creek Library, the City of Walnut Creek, which prides itself on providing a variety of essential services and cultural amenities to its own citizens, as well as to visitors from well beyond the city limits, will be unable to provide space for adequate public library services. Most of the needed programs and services are heavily dependent upon the use of technology, yet the existing building cannot meet its present demand for electrical outlets, much less the space requirements or infrastructure needed for new technologies. During the community needs assessment process, the City's students, parents, teachers, media specialists, and librarians consistently identified the urgent need for a program to assist Walnut Creek's 8,036 students with homework after school. They spoke about the difficulty that students of all ages have in meeting their academic goals due to the inadequacy of both the current public library facility and the school libraries. In addition to homework assistance, there is also a demand for multimedia technology workstations with Internet access to Library databases, a variety of software products, and other electronic resources to support student research. Computer literacy classes offered for all skill levels, on a variety of topics that address curriculum needs, are also needed. Literacy services for new speakers of English and for parents who wish to help their young children become successful readers is also desired, as is assistance for students exploring college and career options, and opportunities to extend science learning beyond the classroom. The community of Walnut Creek needs a new, fully accessible, state-of-the-art library in Civic Park, the physical heart of the City. A New Downtown Walnut Creek Library will be a symbol of community pride--a community destination that serves as a center for knowledge and learning for residents of all ages. c�uEE' New Downtown Walnut Creek Library Community Library Needs Assessment NEEDS ASSESSMENT METHODOLOGY Executive Summary For more than a decade, the City of Walnut Creek has involved residents, community organizations, school agencies, businesses and City government in the planning of a New Downtown Walnut Creek Library. More than 2,000 Walnut Creek stakeholders, representing preschoolers, students, parents, seniors, business owners, persons with disabilities, English Language Learners and concerned citizens, have actively participated in: Community Meetings and Forums; Public Hearings; Task Forces; Focus Groups; Key Informant Interviews and Surveys. These participants actively envisioned, discussed and debated the services a New Downtown Walnut Creek Library should offer. The planning process for the new library was firmly anchored to the community context as stakeholders also analyzed the future identity of their community, as well as future trends that might affect the new facility. Between 1991 and 1997, community leaders,library users and supporters conducted citywide surveys that revealed library service consistently rated among the top three critical community services. In 1997, the Vision for the Future committee, composed of the City Manager and two members from each of three City Commissions, evaluated potential capital projects in five areas: libraries; the arts; open space; parks and recreation; and creek restoration. A proposal that a library facilities consultant be hired to evaluate the current facility and determine future library needs was given high priority. The City of Walnut Creek then hired the polling firm of Price Research to provide a benchmark measure of attitudes toward a local bond measure for future capital projects. The firm surveyed 400 respondents in the late fall of 1997. All of the results showed low voter support for raising taxes to pay for most projects. However, 57.5% of respondents indicated they would be more likely to vote for a measure if funds would be used to support a new library in downtown Walnut Creek. The proportion of respondents who said they would be likely to vote for a measure rose to 71% when respondents were told that the Walnut Creek Library was one of the smallest,yet busiest libraries in Contra Costa County. During this same time, the Friends of the Walnut Creek Library and the Friends of the Ygnacio Valley Library worked with staff from both libraries to conduct a companion program called Focus on the Future. In 1997, twenty-one representatives from City government, schools agencies, businesses and community organizations volunteered to participate on one of three Task Forces created to gather community input on how the Library could best serve the community. These Task Forces used a combination of focus groups, surveys and key informant interviews to assess the community's preferences for library services in these areas: 1) Service to Youth and Families; 2) Service to Business; and 3) Service to Seniors. On February 17, 1998, the Walnut Creek City Council hired the firm of Stockton Associates of Berkeley, along with the architectural firm of Noll & Tam of Berkeley, to do a study of the Walnut Creek Library in partnership with the Contra Costa County Library. The City of Walnut Creek and Contra Costa County Library, Phase I Report, Library Needs Assessment issued by Stockton Associates in April 1999 identified the following library service responses as priorities: Current Topics and Titles; Formal Learning Support; Information Literacy; CREEK New Downtown Walnut Creek Library Community Library Needs Assessment General Information, and Lifelong Learning. This report also concluded that the New Downtown Walnut Creek. Library should integrate technology to address a variety of community needs, expand the scope and depth of resources available to the community, and extend access to library resources and services beyond the walls of the library, making them available after library hours and to residents unable to visit the library. In 2000, the Walnut Creek Library Foundation hired Community Counseling Service Co. Inc. of San Francisco to survey the 702 members of the Friends of the Walnut Creek Library and Friends of the Ygnacio Valley Library. Seventy-seven completed questionnaires were returned and there was overwhelming agreement that the City should build a new Library. During a six-month period beginning in 2001, the City engaged citizens its an intensive planning process to solicit their concerns and ideas for the future of the community. Over 350 people participated in these Community Conversations by attending three sequential evening meetings. All of the discussion groups identified the improvement of library facilities and services as one of their top priorities for the future of the City. In the fall of 2041, the Walnut Creek City Council hired the Center for Community Opinion of San Ramon to conduct a telephone survey of registered voters in advance of the City's March 2002 ballot measure, a parcel tax to raise revenue to fund increased hours at both libraries in the City. The survey revealed that, in response to years of community dialogue about library services, residents of Walnut Creek demanded immediate improvements at the existing facility until a new library could be built. With over 100 volunteers, the level and range of community involvement for this successful campaign was impressive. On March 5, 2002,Measure Q passed with a 69.7%yes vote. Community input specific to the library service needs of elementary and secondary students was gathered through twelve focus groups conducted with students, parents, and teachers by the Focus on the Futurr Service to Youth and Families Task Force; five focus groups conducted at the PTA meetings of five schools in the Walnut Creek School District;a focus group conducted with the Walnut Creek Youth Council, and a questionnaire distributed to all students in grades four through eight at the Walnut Creek School District. Building on a long history of collaboration and strong, effective partnerships, the City of Walnut Creek held numerous meetings in 2002 and 2043 with staff from three school districts to review the identified needs and establish library service priorities. The results of ten years of engaged discussions and critical inquiry are reflected within this Community Library Needs Assessment, attesting to the strength of the creative vision - and collective mission - of the citizens of Walnut Creek to build a New Downtown Walnut Creek Library within the heart of their community. CREEK New Downtown Walnut Creek Library Community Library Needs Assessment Community Involvement & Methods Used To Elicit Input The tremendous growth experienced in Walnut Creek in the decade immediately following the 1961 opening of the existing Walnut Creek Library facility made it difficult for library services to keep up with the demands and expectations of an increasingly urbanized and sophisticated community. The population of Walnut Creek tripled between. 1960 and 1970. Even the addition of a branch library in the eastern section of the city in 1975 did not serve to fill the growing demand for library services. During the 1990's, community leaders and library supporters began to actively investigate how best to improve library services in Walnut Creek. J.D. Franz Research conducted biennial citywide surveys between 1991 and 1997, and library services were ranked among the top three City services. The community repeatedly noted the inadequacy of the existing downtown Library within the context of Walnut Creek's growing importance as an "edge city," a regional destination for employment, shopping and entertainment. The City of Walnut Creek has actively involved residents, community organizations, school agencies, businesses, City staff and County Library staff in the planning of a New Downtown Walnut Creek Library since 1997. A variety of methods have been employed to elicit community input from both library users and non-users about library services and facilities needs, including community meetings and forums, task forces, focus groups, key informant interviews, and surveys. Vision for the Future Committee In June 1997, Mayor Kathy Hicks appointed the Vision for the Future Committee. The committee was composed of the City Manager and two members from each of three City Commissions: the Arts Commission, the Parks, Recreation and Open Space Commission, and the Planning Commission. Mayor Hicks charged this Committee with evaluating potential capital projects in five areas: libraries, the arts, open space, parks and recreation, and creek restoration. Community groups were invited to present proposals for desired projects to the Committee, which then reviewed and prioritized fifty project requests for City Council. Jane Houser from the Friends of the Walnut Creek Library and Jerry Miller from the Friends of the Ygnacio Valley Library proposed that a library facilities consultant be hired to evaluate the current facility and determine future library needs, a project that was given high priority status. Focus on the Future Program During this same time, the Friends of the Walnut Creek Library and the Friends of the Ygnacio Valley Library worked with staff from both libraries to develop a companion- planning program called "Forms on the Future." Twenty-one people attended a Sept. 23, 1997 meeting,including a member of the City Council, the City Manager,a member of the Contra Costa County Library South Regional Board, several teachers and library staff from public and private schools, business people, a member of the League of Women Voters, an CREEK' New Downtown Walnut Creek Library _. Community Libr Needs Assessment architect, representatives from the Friends of the Walnut Creek Library and. the Friends of the Ygnacio Valley Library, City staff and County Library staff. At this meeting, attendees volunteered to participate in one of three Task Forces created to gather community input about how the Library could best serve the community: Service to Youth and Families, Service to Business, and Service to Seniors. These Task Forces employed a combination of focus groups, surveys and key informant interviews to assess the community's preferences for library services in each area. Each group then summarized their findings and made recommendations to the City. Service to Youth and Families Task Force Members of the Task Force included library staff from Las Lomas High School,Walnut Creek Intermediate School,Murwood and Walnut Heights Elementary Schools, a member of the Walnut Creek School District School Board, a member of the Friends of the Walnut Creek Library, and the Youth Services Librarian and Senior Branch Librarian from the Walnut Creek Library. The Task Force members conducted 12 focus groups with 82 students, 32 teachers, and 63 parents. Members of the Task Force also surveyed 5 parent volunteers at the Las Lomas High School Career Center. Responses of the participants are summarized below: Facility Needs: • A refuge of learning, exploring and exposure to ideas • Place where people come together;a community center • A library that is a destination in and of itself • A quiet place to study,read,and reflect • A building on a par with the Regional Center for the Arts • A larger,more inviting building • Display areas for art, culture,and community information • Meeting rooms for community activities + Comfortable seating areas for all ages * More parking Service Needs i Homework help for students and collaboration with schools • Source of books and services when school library is closed • Safe, friendly place for kids to go after school + Place to learn besides going to school + Book clubs, author programs, and reading incentive programs to encourage reading by school age children • Knowledgeable staff to aid student research and provide recommendations for recreational reading + More computers and Internet access • Training on use of electronic resources • Computers with word processing to prepare school reports • Story times and special events for children to assist them with learning to read,instill a love of reading and develop a CRE New Downtown Walnut Creek Library Community Library Needs Assessment habit of going to the library • Outreach to new immigrant students and their parents • Intergenerational programs • More evening and weekend hours Collection Needs: • Materials to enhance the school curriculum and unique classroom study units • A variety of resources to meet the research and leisure reading needs of students • Parenting information,including material on preparing children to read • Periodicals • CD-ROMs,Instructional videos and audio books • Multimedia aids for kids who learn differently Service to Business Task Force Members of the Service to Business Task Force included the president and another member of the Walnut Creek Chamber of Commerce,a member of the Friends of the Ygnacio Valley Library, a member of the Friends of the Walnut Creek Library, the Administrative Analyst from the City Manager's Office, and the Senior Branch Librarian from the Walnut Creek Library. The Task Force conducted 4 focus groups,meeting with 25 members of the Walnut Creek Chamber of Commerce Education and Civic Affairs Committees and with 10 recent graduates of the Walnut Creek Chamber of Commerce Leadership Contra Costa Program. The Task Force also conducted interviews with the Director of the Contra Costa Software Business Incubator in Concord,the Financial Consultant and Assistant Small Business Development Coordinator at the Contra Costa Small Business Development Center in Concord, and the manager of the Small Business Association Information Center in Oakland. Responses from the participants are summarized below: Facility Needs: • Current building is outdated and crowded;improving the facility would benefit the business community • Current location is outstanding,well-situated to serve the business community • Should be a place to meet people face to face and feel more connected to the community in an increasingly digital world • More parking is essential • Meeting room space would allow downtown businesses and other organizations, such as local hospitals, to offer programs of interest to the community and residents of the surrounding area CREEK New Downtown Walnut Creek Library Community Library Needs Assessment Service Needs: * Demonstrations of Web searching techniques * Video conferencing center • Seminars by experts on business topics * Seminars for small business owners * Reference librarians with expertise in business and online resources * Volunteer opportunities to help educate others in an area of expertise * Potential partnerships between nonprofits and the library to provide needed services to the community * Access to computers and training in their use * Increased open hours,particularly nights and weekends * Services for children and families since business people are also parents * A library advisory committee in the Chamber of Commerce * Promote and inform business community about available library services Collection Needs: * 'Trademark,copyright,and patent searches * Employee training videos and books * Health education titles to supplement services at local hospitals * RMA Studies (financial ratios) * Trade journals * Reference materials on specific industries * Startup business information Service to Seniors Task Force Members of the Service to Seniors Task Force included the Senior Branch Librarian of the Walnut Creek Library and four members of the Friends of the Walnut Creek Library, two of whom are residents of Rossmoor,a senior community located in Walnut Creek. The Task Force developed a questionnaire that was distributed at Rossmoor, the Walnut Creek Senior Center, and the Walnut Creek Library. A total of 78 completed questionnaires were received. The Task Force also conducted key informant interviews with Chane Reid, Associate Pastor of the Grace Presbyterian Church,who has a masters degree in gerontology and works with the many older adults in the congregation, Rosemarie Kodek, activities director at Guardian Hospital in Rossmoor, four senior citizens,and a group of nine people at a meeting of the Central Contra Costa County Senior Coalition Intergenerational Subcommittee. Responses of the participants are summarized below: Facility Needs: * A more hospitable and accessible building -9, c EK New Downtown Walnut Creek.Library Community Library Needs Assessment • More appealing architecture Quiet atmosphere • Areas to sit and read,with comfortable chairs • Better parking • Place to meet other seniors who like to read • Make the library more accessible for those with disabilities, include wider aisles,lower stacks, and automatic doors Service Needs: + Continued cooperation between the volunteer run library at Rossmoor and the Walnut Creek Library • Outreach programs for those who cannot get to library, especially in coordination with other senior services providers + Programs and information on health topics • Large Type books and other aids for patrons with low vision + Group visits from senior residences to the Library, accompanied by the activities director • Coordination of visits to the Library with programs provided by the Senior Center and other providers of programs for seniors Bus information with directions on how to get to the Library * More hours of service Community information • State of the art technology and Internet access Specialized software for the visually impaired • Assistance with use of computers, possibly with volunteers from the Rossmoor Computer Club • Literature-based programs such as book clubs and poetry readings + Seniors docent program to greet new patrons and introduce them to the Library Collection Needs: • General fiction and nonfiction More copies of current fiction and bestsellers • A good selection of audiovisual material, especially audiobooks • Individual investment information • Historical material • Large Type books • Arts and crafts books Electronic databases CREEK New Downtown Walnut Creek.Library ............................................................................................................................................................................................................................................................................................................................ Communi _Library Needs Assessment • Magazines and newspapers A Library Facilities Study for Walnut Creek On June 8, 1998, the City of Walnut Creek hired the firm of Stockton Associates of Berkeley, working in association with the architectural firm of Noll & Tam of Berkeley, to do a study of the Walnut Creek Library. A Task Force was formed, consisting of the City Manager, a City Council member, two representatives from the Friends groups, City staff and County Library staff. Their study was conducted in three phases: Phase 1: A community needs assessment to determine both current and future community library service and facility needs. Phase 2: A feasibility study to determine the adequacy of the existing building and whether the site could accommodate a new facility. Phase I A detailed library-building program to outline the physical needs for future library services. In September and October of 1998, Moria Stockton of Stockton Associates worked with Focus on the Future Task Forces to conduct two focus groups with staff of the Walnut Creek and Ygnacio Valley Libraries and five focus groups with participants from the Walnut Creek School District, the Walnut Creek Senior Center, Rossmoor, the Downtown Business Association, and the Walnut Creek Chamber of Commerce. She also conducted six key informant interviews with representatives from the Walnut Creek Planning Commission, the Association of Homeowners Associations, and Kaiser Permanente, as well as local business owners and a local children's author. The City of Walnut Creek and Contra Costa County Library, Phase I Report, Library.Needs Assessment issued by Stockton Associates in April 1999 identified the following priority service responses: Current topics and titles s General information • Formal learning support • Lifelong learning • Information literacy The needs assessment also noted that "seniors tended to place more emphasis on services that provide general and consumer information; parents and children tended to place more emphasis on learning support;and general business participants tended to place emphasis on general, business and career information, and on services that support information literacy. These are all significant user groups in Walnut Creek." cR x New Downtown Walnut Creek Library Community LibraNeeds Assessment The Phase I report concluded that the New Downtown Walnut Creek Library should integrate technology to address a variety of community needs and to expand the scope and depth of resources available to the community. Technology should be used to extend access to library resources and services beyond the walls of the library so that they will be available after library hours and to residents unable to visit the library. Stockton Associates issued two reports, the library.Needs Assessment, issued April 28, 1999, and the Library Building Program for a Nev Valnut Creek Library, revised December 27, 1999. These reports incorporated a Building Assessment Report for the Walnut Creek Library that was prepared in 1998 by Noll & Tam. Only the Building Assessment lieport for the Walnut Creek Library is appended to this document, as it remains the most current assessment of the existing inadequate library facility. CREEK New Downtown Walnut Creek Library Communi Library Needs Assessment Proposition 14: The Walnut Creek Library Connection On Friday, October 8, 1999, a large gathering of Walnut Creek's residents joined Senator Richard Rainey as he attracted statewide media attention to the need for significant improvements in public library services for the people of California. rising the woefully inadequate Walnut Creek Library as his "poster child" for outmoded library facilities throughout the state, Senator Rainey urged Californians to vote in favor of the $354 million Proposition 14 proposal, The California Reading and Literacy Improvement & Public Library Construction&Renovation Bond Act of 2000. Senator Rainey (author of Senate Bill 3 which later became Proposition 14) was especially gratified by its passage on March 7, 2000. The library community had tried unsuccessfully since 1988's Proposition 85 to get another bond measure passed. Senator Rainey's Senate Bill 3 was the first to succeed in the legislature, be signed by the Governor, and then put to a vote of the people. Senator Rainey made Senate Bill 3 his highest priority that year, and spent considerable time and effort working with other legislators and the public to get this important piece of legislation passed. Civic Park Master Plan In early 1999, the Parks, Recreation and Open Space Commission, City staff, the City Council, design consultants, and many citizens worked in study sessions, workshops and other forums to develop a new master plan for Civic Park. As a new master plan for Civic Park was developed, plans for the new library were also going forward. There was great interest and participation in the process because Civic Park is viewed as one of the City's premier civic and public spaces. Input from the community has consistently supported keeping the Walnut Creek Library in Civic Park. A wide range of park user groups participated,including: • Arts Commission • Senior tennis players • Civic Arts supporters • Walnut Creek Library Foundation • Friends of the Creek • Walnut Creek Racquet Club • Friends of the Library • Walnut Creek Seniors Club • Individual park users • Walnut Creek Soccer Club • Pony League Baseball • Walnut Creek Youth Council • Senior softball players • Walnut Creek Farmers Market Residents within a three-mile radius of Civic Park were also invited to participate. At numerous public meetings, the Parks, Recreation and Open Space Commission received comments from the public and considered dozens of land use alternatives developed by City staff and the design consultants. The City Council and the Commission also held several joint study sessions. The architects for the Library worked with the City's design consultants for Civic Park, making presentations to the Parks,Recreation and Open Space Commission. The draft Civic Park Master Plan presented to the City Council acknowledged strong support for building a new library in the park. Key elements of the proposed Civic Park Master Plan included: -9 CREEK New Downtown Walnut Creek Library Community Library Needs Assessment • Keeping the Library, the Civic Park Community Center, and Assembly Hall located in Civic Park, across Broadway from City Hall • Creating a nexus of civic buildings that will leave the remaining park area as one continuous open space • Providing significantly more parking to support the new Library, the Civic Park Community Center,Assembly Hall and other park.activities • Maintaining as much open space as possible by incorporating a "plaza feature" in the new library design The proposed Civic Park Master Plan, including a site for a New Downtown Walnut Creek Library in the park,was approved by the City Council on July 17, 2001. Walnut Creek Library Foundation In 2000, the Walnut Creek Library Foundation, formed in 1998 to financially augment funding for library- service in the City, hired Community Counseling Service Co. Inc. of San Francisco to survey the 702 members of the Friends of both the Walnut Creek Library and the Ygnacio Valley Library. Seventy-seven completed questionnaires were returned and there was overwhelming agreement that the City should build a new Library. Responses are summarized below,in ranked order: Most Important Roles • Formal education support for the Library: • Lifelong learning support • Leisure reading and popular materials • General information • Reference and research • Preschoolers' door to learning Programs and Services • Books and programs for adults That Should Be • Books and programs for children Enhanced: • More computers and on-line resources • Specialized resources for research on specific topics • Video, CDs,books-on-tape,CD-ROMs • Word processing equipment and software • More magazines and newspapers Design Input for a New Library Esherick Homsey Dodge &Davis, architects for the New Downtown Walnut Creek Library, prepared a questionnaire to elicit input about the design of the new Library. In June 2000, the City distributed the survey throughout the community and 70 responses were received. CREEK New Downtown Walnut Creek Library Community Library Needs Assessment The architects also held a public workshop on June 3, 2000, which was attended by forty members of the community,including representatives from the following organizations: • City Council • Friends of the Walnut Creek Library • Parks, Recreation and Open Space Commission * Friends of the Ygnacio Valley Library • Women's Club of Walnut Creek • Walnut Creek Library Foundation • Walnut Creek Historical Society • Contra Costa County Library • Rossmoor • Walnut Creek Senior Center Findings from the survey, combined with input from the workshop, reflected community interest in a well-designed facility that incorporates quiet reading areas with comfortable seating, enough computer workstations with sufficient capability to meet the demands of all ages, and a separate children's section that is visually exciting, with age-appropriate furnishings. There was also interest in taking advantage of its scenic location in Civic Park to expand library services outdoors, by including seating in a plaza area that provides wireless Internet access and by incorporating an outdoor space for children's programming. Community Conversations q;,. Community Conversations 2001 Like many government agencies, the City of Walnut Creek hears from a limited number of people who live and work in the community. Typically, they come forward to express their views on a specific concern directly affecting them. While those opinions are valid, they often don't accurately portray the community as a whole. Mayor Kathy .Hicks, the City Council, and City Manager Ikon Blubaugh wanted to reach out to the silent majority,both in - anticipation of impending revisions to the City's general and growth management plans and to put into action their long-held belief that an involved and informed citizenry results in more effective government. They challenged their staff to develop a new way to communicate with members of the public, envisioning a process that would draw a broad spectrum of those who live and work WALNUT CREFX New Downtown Walnut Creek Library Community Libraq Needs Assessment - in the City. In 2001, the City staff combined elements of the Appreciative Inquiry' model for community consultation and another civic engagement method known as Study Circles'to create the Walnut Creek dialogue, Community Conversations. To ensure broad participation in Community Conversations, the City launched a multi-faceted outreach campaign using a variety of media, such as advertisements, brochures, the Internet, community access television, as well as word of mouth and personal letters from the Mayor and City Council. Promotional pieces emphasized the importance of broad-based citizen participation. To reach all segments of the community in terms of age, length of residence, economic background, ethnicity and special populations, staff used targeted marketing strategies. Staff contacted businesses, schools, service organizations,places of worship and other community organizations, that agreed to help staff"get the word out" through their newsletters. Articles and invitations appeared in several publications including the Contra Costa Times, the Walnut Creek Journal, San Francisco Chronicle-Contra Costa Edition, Nutshell (the City's bi-monthly newsletter), Rossmoor News, and Ministering Together, the newsletter of the Interfaith Council of Contra Costa County. Information and invitations also appeared on the City's website, w-ww.ci.walnut-creek.ca.us and on the cable television program, "Walnut Creek Currents." The City made a concerted effort to include minorities and special populations in Community Conversations. Deputy City Manager Dolores Lendrum met with the Walnut Creek Not In Out Town (NIOT) group--a diverse grassroots group organized "to increase awareness, understanding, respect and appreciation of differences" — and asked for the organization's help to reach the minority groups most often under-represented at public meetings. NIOT organizers, Barbara and Ed Tonningson, Dan Douglas, and High Vasquez, agreed to work with the City to personally invite members of Walnut Creek's Asian, Latino, African American,Gay/Lesbian and disabled communities. Over a six-month period from March to September 2001, more than 350 people attended each of three sequential 2'/2-hour meetings. • Session I of the series, "Reflections," provided opportunities for participants to discuss their past and present experiences living in Walnut Creek, highlight common themes, share their "picture" of the future, and identify topics they would like to explore in greater detail in the next session. During the first two months of the series, Session I was repeated 14 times at various times and locations in the community. • Session II of the series was called, "Feedback." During months three and four, participants reconvened to learn what the other groups had said in Session I and receive information from staff based on the feedback received in Session I. Staff not only made presentations, they provided handouts and encouraged questions, comments and ideas I David L.Cooperrider and Suresh Srivastva.Appreciative lnqj�u in OrgaQiZaa onal Life,Research in Organizational Change and Development,1987,Vol. 1,pages 129-169. 2 Matt Leighninger and Martha McCoy.Mobilizing Citizens:"Study Circles Offer a New Approach to Citizenship,"National Civic Review,vol.87,no.2,Summer 1998. GREEK New Downtown Walnut Creek Library Community Library Needs Assessment from the group. After staff shared information, participants shared additional needs and information,and refined priorities that surfaced in Session I. • Session III, "In the Loop," was held in months five and six. At this time, participants learned how their input was being used to improve services and how it was being incorporated into future planning documents including the General Plan, the Growth Management Plan, and plans for library services. They also received information about how other critical areas they identified in earlier sessions as being important in planning the future of their community were being addressed. From these Community Conversations, the City gained valuable insight into what the whole community wants, including affordable housing opportunities, youth activities, traffic mitigation measures and good libraries. The following are comments from participants about the Walnut Creek Library: Reflections of Your Experience • Library has inadequate hours and books of Walnut Creek Today. • Decline of library services detracts from quality of life + Reduction in library spending is concern • Insufficient library for this population • Disappointed in Walnut Creek Library What You Would Like to See in • A library that's open and accessible and is a hub for the Future: families and children • Fantastic library in Civic Park with great hours • Library as a central and vital community resource • Exemplary library with meeting places and good hours • State-of-the-art library at existing site • Better library facilities • More functional library with longer hours and better facilities • Larger library to reflect the size of the community Participants agreed that upgrading the current library should be a high priority for the community. They recognized that this issue would require a significant commitment on the part of the City and that funding was, and still is, a huge issue. In partnership with the City, library supporters favored investigating a parcel tax to support the effort. Because improved library hours and services emerged as a universal theme at all Community Conversation sessions, the City stood by its promise to citizens that their participation in Comrmmnity Conversations would trigger timely change. Parcel Tax Support In October 2401, the Walnut Creek City Council hired the Center for Community Opinion of San Ramon to conduct a telephone survey to determine the level of community support for a parcel tax measure that would provide funding for improved library hours and services. WALN LiT MEN New Downtown Walnut Creek Library Community Libraq Needs Assessment After interviews with 400 registered voters in the City and 25 registered voters in the unincorporated areas near the City, the Center for Community Opinion concluded that it was feasible to consider placing such a measure on the ballot and that a two-thirds majority could be expected. During the interviews, statements were presented about the use of parcel tax funds to improve library services. The survey found that 60% of those interviewed were more likely to support a parcel tax if the funds were used to: • Increase the number of hours the library is open • Have consistent hours • Buy more books,including more children's materials Other statements were made in order to judge voter reaction to the benefits of additional library hours. More than 57% of those interviewed were likely to vote for a tax increase if the additional hours were used to: • Provide school-age children with more resources to complete homework assignments • Improve after-school programs for students at the library • Provide a homework and tutoring center for students • Increase public access to computers at the library and to the Internet • Improve the ability of library staff to help those learning to use computers • Improve service to pre-school children The telephone survey gave the City and its many library supporters the information needed to launch a campaign for increased library hours and services. With support and encouragement from Communhy Conversalrons participants, business and community leaders, and Friends groups at both libraries, the City Council placed a measure to improve library services on the 2002 primary election ballot. Measure Q: Parcel Tax for Library Services In response to several years of discussion about library services, residents of Walnut Creek demanded immediate improvements at both existing facilities, until a new library could be built. Having recognized the broad base of community support for improved hours and services for the libraries, Walnut Creek resident Diane Longshore organized a campaign in support of Measure Q. The campaign began in December 2001 and seniors, teenagers,PTA volunteers, City staff, City Council members, Friends of the Walnut Creek and Ygnacio Valley Libraries, and the Walnut Creek Library Foundation worked together to "get out the vote." With over 100 volunteers, the level and range of community involvement for this successful campaign was impressive. At the March 5, 2002 primary election, 69.7% of voters in Walnut Creek approved Measure Q, a parcel tax to provide sufficient funding to increase library hours to 56 per week for eight years beginning July 1, 2002. The success of this ballot measure demonstrates the high degree of importance placed on library services by the residents of Walnut Creek. W%E 5 New Downtown Walnut Creek Library Community Library Needs Assessment Community Conversations Continue As the City, in partnership with Contra Costa County Library, began planning library service improvements to be implemented as a result of the passage of Measure Q, the City once again turned to Community Conversations participants to help determine the scope of these improved services. Two workshops called "Conversations Continue about Library Services" were held on May 15 and May 22, 2002. The participants' contributions during these sessions reflected a community priority for increased and consistent library hours. A review of library operations, desired schedules, and staffing needs was conducted by City and Library staff following these workshops, and the Walnut Creek Library is now open 56 hours per week. Community Conversations continue today, serving as a vehicle for civic engagement and citizen participation in dynamic discussions about the future of library services in Walnut Creek. WALNUT New Downtown Walnut Creek Library Community Library Needs Assessment School Districts' Involvement The City of Walnut Creek has a long history of collaboration and strong, effective partnerships with the school districts in the community: Walnut Creek School District, Acalanes Union High School District, and Mt. Diablo Unified School District. Highlights of these thehhpartnerships include: • Walnut Creek's Civic Arts Education ArtReach program has partnered with school districts in Walnut Creek and elsewhere to offer high quality arts education activities to 105,440 students in 16 school districts over the past 20 years. • The City and the Walnut Creek School District jointly operate the summer camp programs Arts,Adventures and Academics and For Kids Only out of several school sites throughout the community. • The City, the Mt. Diablo unified School District and Acalanes Union High School District jointly fund crisis counselors at the two intermediate schools (Foothill and Walnut Creek) and the two high schools (Northgate and Las Lomas). • The City of Walnut Creek has contributed more than $564,404 in challenge grants and loans to help finance permanent child care facilities at nine area elementary schools. • The City's growing Summer Internship Program provides a variety of summer jobs and high school credits for teens enrolled in the Contra Costa County Office of Education's Regional Occupational Programs. • The City's Youth Council includes students from all middle and high schools in the City. These students assist in planning City programs and events and advise the City Council on matters of interest to youth. From 1994 through 2442, the City's extensive outreach to the school community ensured broad participation in the needs assessment process. Personal invitations from the Mayor and City Council were sent to Superintendents and School Board members, presentations were made to PTA's, Educational Foundations and other parent groups, and invitations were sent to teachers, administrators, and support staff, including library media specialists and college/career counselors. Articles and advertisements were sent to parent newsletters, student newspapers and district publications. In addition, City staff and Council members made presentations to high school leadership and civics classes. Community input specific to the library service needs of elementary and secondary students was initially gathered in 1997 through twelve focus groups conducted by the Focus on the Future Service to Youth and Families Task Force with 82 students, 63 parents, and 32 teachers from the three school districts. In March 2402, Melinda Cervantes, Deputy County Librarian, cuE K New Downtown Walnut Creek Library ................................... ........................... ................................................................................................................................................................................................... ............................................................................................ Community Library Needs Assessment Contra Costa County Library, and Susan LaPat, Volunteer Coordinator, Contra Costa County Library, conducted a focus group session at a meeting of the Walnut Creek Youth Council, an advisory group of 20 teens in grades 6 — 12 who attend schools throughout the City of Walnut Creek.. Responses from the 15 participants are summarized below: Facility Needs. . An separate area to work on homework and for quiet study • A modern, contemporary,open space design • An attractive environment with comfortable seating and group study space Meeting place to hang out with friends • A colorful and fun kids'area • A separate teens area a Display areas for student art • More parking and bike racks Service Needs: * Assistance with research and homework • More computers and more Internet access • SAT and other test preparation workshops and/or assistance • Career and college exploration workshops • Evening and weekend programs that encourage learning outside of school Collection Needs. a More books on a broad range of subjects, especially reference books • More online reference sources, accessible from home or school • Collections should include E-book, DVD,and MP3 formats + More magazines • Viewing/listening stations to preview audiovisual materials before checking them out The findings from these activities represent the needs of all students in Walnut Creek. While recognizing that the Ygnacio Valley Library is, due to its proximity, the primary point of service for students attending the five schools of the Mt. Diablo Unified School District located in the northeastern part of the City, participants emphasized that these students will also greatly benefit from improved library services offered by a New Downtown Walnut Creek Library. However, because the Walnut Creek Library is located within the boundaries of the Walnut Creek School District and the Acalanes Union High School District, additional information gathering on potential collaboration was conducted with both the Walnut Creek and Acalanes Union High. School Districts. 'CR K' New Downtown Walnut Creek Library Community Library Needs Assessment Walnut Creek School District In March and April 2002, focus group sessions were conducted by the Youth Services Librarian from, the Walnut Creek Library at PTA meetings of five schools in the Walnut Creek School District: Buena Vista Elementary School (conducted in Spanish), Indian Valley Elementary School, Murwood Elementary School,Parkmead Elementary School, and Walnut Creek Intermediate School. The responses of 92 students, parents, and teachers are summarized below: Facility Needs: * Separate children's area that is inviting and well decorated * More inviting atmosphere for teens * Comfortable seating * Designated space for tutoring and homework assistance * Quiet study areas * Meeting rooms for use by community groups * Increased nearby parking * Multipurpose outdoor space,like a plaza area * Display areas for student art Service Needs: e Increased coordination with schools and teachers * More computers with Internet access and word processing * Training on the use of computers and electronic resources for children and parents * More storytimes offered at different times of the day,including evening and weekend hours, for working parents * Story times and special programs that prepare young children for learning to read * English classes for the parents of ESL students so they can participate more in their children's education * Reading incentive programs and book clubs * Booklists and recommendations for reading * After school and evening programs for students, such as author talks and other literature-based activities * Collaborations or partnerships with museums or other cultural institutions for programs * More teen activities * More evening and weekend hours Collection Needs: * More books and research materials on school assignment topics to support the curriculum * Access to more resources from home or school * Collections that cover a broad range of subjects,with a large CREEK New Downtown Walnut Creek.Library Community Library Needs Assessment selection of materials * More materials to help young children learn to read * Audio hooks and videos * Bilingual books or books in Spanish for children and parents to read together and for school assignments * Books,videos,and magazines in Spanish * Parenting collection In April and May 2002,Library Media Specialists at all schools in the Walnut Creek School District distributed a questionnaire to students in their libraries. The following is a summary of the responses received from 551 students in grades 4-8,in ranked order: Help most needed with * Social.Studies homework assignments, * Math by subject * Science * Reading * Spelling * Writing Types of materials or * Books resources most helpful * Internet sites for work on homework: * Computers for word processing * Carrels/tables for studying * Tutors * Magazines Most interesting * Arts and crafts programs after-school activities: * Writing or art contests * Classes on using;computers and the Internet * Writing workshops * Book discussion groups * Homework help online * Tutor/homework helper * Study skills classes Need for tutoring, * Math by subject: * Social Studies * Science * heading * Writing reports * Gifted&Talented Education classes CREEK New Downtown Walnut Creek Library Community Library Needs Assessment The results of the survey, combined with information from the six focus group sessions, confirmed the following needs of K-8 students first identified during 1997-2000 needs assessment activity: • Homework assistance and tutoring services expanded beyond current school programs • More resources to support school curricula - • Access to resources and homework assistance during evening and weekend hours • More workstations with Internet access and software applications, such as word processing, available for students to use for school assignments • Instruction for students on how to locate, evaluate, and use print and online resources • Programs to prepare preschool children to read, to address the growing number of school-age children with reading deficits • Services for the parents of K— 8 English Language Learners to help them improve their English comprehension and computer literacy skills Formal discussions about potential 'joint venture library services began in April 2000 between staff of the Walnut Creek School District, the Contra Costa County Library and the City and continued through 2003. District representatives at meetings included the Superintendent, one or more principals, the Library Media Specialist from Walnut Creek Intermediate School and the Chairs of the English and Social Studies Departments at Walnut Creek Intermediate. The initial action taken during these meetings was to review the identified needs of students and their parents and establish priorities for library services: • Homework assistance • Computer and information literacy • Equity of access to technology • Reading and language proficiency • Family literacy Additional meetings with the District included representatives from the peer tutoring and YMCA after school programs at Walnut Creek Intermediate School. Discussions were also held with Walnut Creek School District students and with representatives from the City's Youth Council to ensure that the new library facility and its services address their needs. From all of these discussions, several suggestions for collaboration emerged: • Create a homework help program at the Walnut Creek Library • Coordinate library programs, services and collections with units of study for all grades • Offer programs and services that help prepare preschoolers for learning to read • Offer services that help the families of students who are English Language Learners to acquire greater English language comprehension, build computer literacy skills, and develop strong reading habits • Develop shared professional development opportunities for teachers, school library staff, and public library staff, including training on emergent language and early literacy concepts 9 CREEK New Downtown Walnut Creek Library Community_Lib Needs Assessment • Offer training to students, parents, and school staff on the effective use of electronic resources,including the Internet and Library databases • Develop literacy programs such as book clubs, author events, and reading incentive programs • Conduct class visits, library tours, and joint library card campaigns to encourage the lifelong use of libraries Acalanes Union High School District The Acalanes Union High School District has participated in plans to improve library services in Walnut Creep since 1997. Throughout the multi-year needs assessment process, District students, parents and educators provided the following input regarding needs not adequately addressed by the schools: • Materials to assist English Language Learners,both students and their parents • Homework assistance and tutoring services • More resources to support school curricula • Access to resources and homework assistance during evening and weekend hours • More workstations with Internet access and software applications, such as word processing,available for students to use for school assignments • Instruction for students on how to locate,use and evaluate electronic and print resources • More resources and assistance to prepare students for college, vocational schools, and work • More quality after-school programs,to extend learning beyond the classroom In March 2002, the District Superintendent,the Las Lomas High School Principal,City staff, and Contra Costa County Library staff met to review these identified needs and establish priorities for potential joint venture library services. The discussion revealed interests similar to these of the Walnut Creek School District: the desire for curriculum support;the need for the public library to extend and enhance the programs, collections, and services offered at the school;the importance of providing assistance to under-performing students;the need to assist students, teachers and school library staff to develop research skills, particularly with electronic resources; and services to aid students who are English Language Learners and their families. Additional District interests included programs that offer enhanced learning experiences for students and expanded career/college counseling services. Based on this discussion,the following priorities were established: • Math and science proficiency • Computer use and information literacy • Reading and language proficiency • Preparation for college and careers • Equity of access to technology CREEK New Downtown Walnut Creek Library Community Library Needs Assessment A second District meeting in March 2002 was attended by the Las Lomas High School librarian and other school library staff, the Las Lomas Career Center advisor, City staff and Contra Costa County Library staff. Several ideas for collaboration emerged at this meeting. • Provide homework help and tutoring services for high school students • Develop a comprehensive collection of materials that support the curriculum, especially core classes • Teach the effective use of the Internet and other electronic resources to students, parents, school faculty and staff • Offer enhanced career and college collections, programs,and services • Provide services that improve the English comprehension skills of students who speak languages other than English and extend similar services to their families • Develop a program that extends science learning beyond the classroom and takes advantage of the library's park setting CREEK New Downtown Walnut Creek Library Cornmun Lbr Needs Assessment COMMUNITY ANALYSIS Executive Summary When it incorporated as a city in 1914 and until the mid-1940s, Walnut Creek was an agricultural community. From the early postwar period to the mid-1980s, Walnut Creek was simply viewed as a suburban bedroom community. However, Walnut Creek has since developed into a thriving commercial center that boasts more companies than the rest of Contra Costa County. In addition to an array of major retailers such as Nordstrom, Macy's, Pottery Barn, The Cap, and Williams Sonoma, or hotels like Embassy Suites and the Marriott, downtown Walnut Creek has become a mecca for the region's entrepreneurial businesses. From a peripheral agricultural community in its earliest days, Walnut Creek has transformed into an "Edge City" with 90% of its 8,000 businesses located downtown. Walnut Creek also serves as the region's financial, medical and professional services center. Eighty-three percent of its population holds professional positions, and a high median household income ($63,23$), low unemployment rate (3.21/o), and high level of educational attainment (95% have at least a high school diploma) contribute to the City's status. However,while it is not always apparent, poverty does exist among this affluence in Walnut Creek. The Assistance League reported a 72% increase between 1995 and 2400 in the number of children from low-income families in the Walnut Creek School District who received clothing assistance. Downtown Walnut Creek is a hub of community activity. More than eighty nonprofit organizations and service groups, many serving the entire region, are based in Walnut Creek. These organizations have generated a very high level of volunteerism; approximately 75% of Walnut Creek's adults volunteer in some type of community organization. Local arts and cultural organizations include: the Dean Lesher Regional Center for the Arts, the Bedford Art Gallery, Diablo Regional Arts Association, the California Symphony Orchestra, Inc.,the Diablo Symphony Association, Young Artists Symphony Orchestra, the Festival Opera Association, the Contra Costa Musical Theatre, Diablo Ballet, El Ballet Folklorico Mestizo, Playhouse West, Inc., Diablo Light Opera Company, Valley Art Center, and the Dancers of the Pacific Association. Organizations serving the needs of ethnic groups include: the Jewish Family and Children's Services of the East Bay-Russian Resettlement and Immigration Services Program, the Contra Costa Chinese School, the Japanese American Citizens League, Junta (the Spanish speaking parents group at Buena Vista Elementary School), and the Walnut Creek Sister Cities International Committee. There are numerous service organizations in Walnut Creek, many with more than one local chapter, including Rotary, Kiwanis, Lions, Elks, Toastmasters International, and Sons in Retirement. There is a wide range of organizations involved in fostering wellness and raising awareness about health issues. These include the Wellness Community, the Contra Costa Crisis Center, the John Muir Foundation, the John Muir-Mt. Diablo Community Benefit Corporation, Kaiser Permanente, Alliance for the Mentally Ill of Contra Costa, and the Parkinson's Network of Mt. Diablo. There are a large number of senior service organizations in the City, including the Diablo Valley Foundation for the Aging, Meals on Wheels, Family WALNcR K New Downtown Walnut Creek Library Community Libra Needs Assessment and Community Services of Contra Costa, John Muir-Mt. Diablo Health System Senior Services, and Senior Assisted Living. In addition to a vibrant arts education program, Walnut Creek supports a large number of organizations for youth, including: Boy Scouts, Eagle Scouts, and Girl Scouts of America, Walnut Creek Soccer Club, Walnut Creek Youth Athletic Association, Walnut Creek Youth Football, Little League Baseball, and the Walnut Creek Aquanauts. Walnut Creek also offers extensive recreational opportunities with open space areas, hiking and equestrian trails, parks, tennis courts, swimming centers, and an 18-hole municipal golf course. Many residents are drawn to Walnut Creek by the excellent reputation of its schools. Test scores for all twelve of the public schools in the City, representing the Mt. Diablo Unified School District, the Walnut Creek School District and the Acalanes Union High School District, exceed the County average. All elementary and intermediate schools in Walnut Creek scored at or above the interim Statewide Performance Target of 800 in 2002. Walnut Creek is also home to seven private elementary and secondary schools, an active home schooling community and many preschools. Three college campuses are located near the downtown Walnut Creek Library. Students from these colleges depend upon the public library for recreational reading, as well as for supplementing the specialized collections and services provided by their college libraries. This interest in good schools is in keeping with the relatively high educational attainment of Walnut Creek adults. 94.9% are high school graduates, compared to 86.9% in the County and 53.9% have bachelor's degrees, compared to 35%in the County. The existing downtown library serves a population of 64,296 that is increasingly diverse. These library users include a growing population of students who attend one of the many schools within the downtown library's service area, disabled residents who can more easily travel by public transportation to this downtown location, a high percentage of adults employed in the thriving downtown's commercial area, older residents living in nearby Rossmoor, and a growing population of residents that speak languages other than English. As part of its "Smart Growth" program, the City is focusing on the development of future businesses and housing in the downtown area. This approach allows for the use of existing infrastructure and increased density to stimulate public transit, while saving the "greenbelt" for agriculture, wildlife habitat and recreation. Recognizing the need for more affordable housing, the City committed an additional$300,000 from the General Fund in 2002 to build affordable housing in the area that will be served by the New Downtown Walnut Creek Library, bringing the 2002/2004 budget for housing to nearly $4 million. Forty-seven percent of the housing in Walnut Creek is multi-family and most of these housing units are located in the downtown core close to the library. 0 CREEK New Downtown Walnut Creek Library Community Library Needs Assessment Governmental Agencies Walnut Creek City Council. The City Council provides crucial support for improving library services in Walnut Creek, voting unanimously in favor of every library-related issue. The City Council authorized City staff to initiate the library planning process and approved the hiring of consultants and architects. The Council is ultimately responsible for the funding, design, and construction of the Walnut Creek Library. Two members of the City Council, Gwen Regalia and Kathy Hicks, actively participated in all of the library related study groups and evaluation teams. In 1999, the Council appropriated more than $4,000,000 from the General Fund to support development of the New Downtown Walnut Creek Library. In April 2043, the City Council earmarked an additional $13 million to finance the New Downtown Walnut Creek Library project. Key individuals: Mayor Charlie Abrams; Mayor Pro Tem Gary Skrel; Council members Gwen Regalia,Kathy Hicks, and Susan McNulty Rainey. City of Walnut Creek Staff The City Manager and his staff carry out City Council policies and direct the activities of the various City departments and services. Staff initiated the library planning process, and worked with community representatives, City Council members, consultants, architects, and County Library staff to solicit community input on community library needs, the master plan for Civic Park, the building design, and completion of the Bond Act application and accompanying documents. The City's Public Information Officer maintains the City's Web site with a link to the Contra Costa County Library's Web site. The Public Information Office jointly plans and coordinates special events with the Library, and plays a key role in keeping the public informed about the planning process for the new library. Key individuals: Mike Parness, City Manager; Rosie Coan,Administrative Services Director; Gary Pokorny, Arts, Recreation and Community Services Director; Renee Zeimer, Youth and Family Services Coordinator; Toni Haas, City Attorney; Brad Rovanpera, Public Information.Officer; and Valerie Barone,Community Development Director. Contra Costa County Library The Library currently operates the Walnut Creek Library and will also operate the New Downtown Walnut Creek Library. The Library worked extensively with the City during the - needs assessment and planning process, and will partner with the City, the Walnut Creek School District and the Acalanes Unified High School District to develop and offer joint venture library services that benefit K-12 students in Walnut Creek. The Library will also work with the City and other public agencies to develop electronic links to community and government information, to promote the New Downtown Walnut Creek Library's role as a community information center, and to plan programs that take advantage of a wired plaza located right outside the Library,to extend library services into Civic Park. CNew Downtown Walnut Creek Library Community Library Needs Assessment Key individuals: Anne Cain, the Contra Costa County Librarian; Cathy Sanford, Deputy County Librarian; Laura O'Donoghue, Deputy County Librarian; and Ann Shelton, Senior Branch Librarian. Contra Costa County Board of Supervisors The Board of Supervisors will approve the Joint Venture Cooperative Agreement between the Walnut Creek School District and the Contra Costa County Library, and the _joint Venture Cooperative Agreement between the Acalanes Union High School District and the Contra Costa County Library. The Board will also approve the Operating Agreement between the City of Walnut Creek and the Contra Costa County Library. Walnut Creek residents are represented on the Board by 3 of the 5 Supervisors. Key individuals: Mark DeSaulnier, District 4, Chair; Gayle B. Uilkema, District 2; Millie Greenberg, District 3;John M. Gioia,District 1; and Federal Glover,District 5. Contra Costa County Administration County Administration will review the Joint Venture Cooperative Agreements and the Operating Agreement between the City of Walnut Creek and the Contra Costa County Library. Key individuals: John Sweeten, County Administrative Officer Various governmental committees, commissions, boards and staff have also influenced the planning of the New Downtown Walnut Creek Library. These include: The Parks, Recreation and Open Space Commission worked with City staff,the City Council, consultants and many citizens in study sessions, workshops and other forums to develop a new master plan for Civic Park. The plan adopted by the City Council in July 2001 includes the site for a new Walnut Creek Library. Key individuals: Chair June Kirske and Vice Chair Barry Slavin. • The Design Review Commission held several public joint study sessions with the architects of the new Library to ensure that the new facility matches citizens' vision for the new Library. Key individuals: Chair Thomas Bassett and Vice Chair Robert Becker. + The Civic Arts Education Advisory Council will be involved in planning and providing arts programs at the new Library. The Bedford Gallery Advisory Council will review and approve all public art projects proposed for the new library. CREEK New Downtown Walnut Creek Library Community LibFTy Needs Assessment School.Agencies Public Schools Walnut Creek School District The Walnut Creek School District serves 3,268 students enrolled in kindergarten through eighth grade, and operates five neighborhood elementary schools and one intermediate school. All the schools in the district have been named California Distinguished Schools, and all are within the primary service area of the New Downtown Walnut Creek Library. The staff of the Walnut Creek School District worked closely with City staff and Walnut Creek Library staff over the last several years to identify the needs of the students of Walnut Creek. One of the School Board members serves on the Board of the Walnut Creek Library Foundation. The Governing Board will approve the Joint Venture Agreement with the City of Walnut Creek and the Contra Costa County Library. The staff of the Walnut Creek School District will work with City and Library staff to implement joint venture library services. Key individuals: Michael De Sa, Superintendent; Dan B. Walden, Governing Board President; Katie Pena, Governing Board Clerk; Arthur M. Clarke; Barbara Pennington; and Sara C. Newell, Governing Board Members; Barbara Armstrong, Tom Carman, Diane Collen, Mary Jo Pettegrew, Nancy Rivara, Anne Stevenson, School Principals; and Jane Hawksworth,Library Media Specialist, Acalanes Union High School District The Acalanes Union High School District operates five high schools. Only two of the District's schools, Las Lomas High School and Del Caro Continuation High School, are located in Walnut Creek. Las Lomas serves a student population of 1,646, with over 90% of students going on to two-year or four-year colleges and universities. Del Oro's alternative high school program serves a smaller population of 65 students from throughout the District. The staff of the Acalanes Union High School District has worked closely with City staff and Walnut Creek Library staff to identify the needs of high school students in Walnut Creek and the District. The Governing Board will approve the Joint Venture Agreement with the City of Walnut Creek and the Contra Costa County Library. The staff of the Acalanes Union High School District will work with City and Library staff to implement the joint venture programs. Key individuals: handy Olson, Superintendent; Judy Carney, Governing Board President; Kathy Coppersmith, Governing Board Clerk; Vanessa Crews, Margot Tobias, Richard Whitmore, Governing Board Members; Pat Lickiss,Principal,Las Lomas High School;Ellen Smith, College/Career Advisor; Joan Wheeler, Librarian; Gail Clarke, Library Clerk; and Laura Canciamilla, Director of AIternative Education and Adult Education. cRE>KK New Downtown Walnut Creek Library Community Library Needs Assessment Mt. Diablo Unified School District The Mt. Diablo Unified School District serves the educational needs of over 37,000 K-12 students and an additional 30,000 adult students. The District operates thirty neighborhood elementary schools, ten middle schools and nine high schools. Of these, only three elementary, one middle school and one high school are located in Walnut Creek and these schools are served primarily by the Ygnacio Valley Library, as all are located in the northeastern section of the City. Key individuals: Gary McHenry, Superintendent; Carin Garton, Carolyn Kreuscher, Rose Lock, Robert Johnson, Martha Riley, School Principals; Akiyo Sugiyama, Brigitte Hees, Librarians. Service Needs of Public Schools From 1990 through 2002, the City's extensive outreach to the school community ensured broad participation in the needs assessment process. Community input specific to the library service needs of elementary and secondary students was gathered through twelve focus groups conducted by the Focus on the Future Service to Youth and Families Task Force, a focus group with the Walnut Creek Youth Council, a questionnaire distributed to students in grades 4-8, and 5 focus groups conducted at PTAs meetings. Throughout this multi-year needs assessment process, District students, parents and educators identified the following needs not adequately addressed by the schools: • Homework assistance and tutoring services for K-12 students • More resources to support K-12 school curricula • Access to resources and homework assistance during evening and weekend hours • More workstations with Internet access and software applications, such as word processing,available for students to use for school assignments • Instruction for students on how to locate, evaluate, and use print and electronic resources • Programs to prepare preschool children to read, to address the growing number of school-age children with reading deficits • Materials and services to assist English Language Learners, both students and their parents, to improve their English comprehension and computer literacy skills • More resources and assistance to prepare students for college, vocational schools, and work + More quality after school programs, to extend learning beyond the classroom. Private Schools There are seven (7) private schools in the Walnut Creek Library service area: • Berean Christian High School Grades: 9 - 12 • Dorris-Eaton School Grades: PK—8 • St. Mary's School Grades: K-8 + Walnut Creek Christian Academy Grades: K-8 CREEK New Downtown Walnut Creek Library Community Library Needs Assessment • Contra Costa Christian Schools Grades: PK— 12 +► Palmer School Grades: K-8 • Seven Hills School Grades: PK—8 Each of these private schools has a library that is open only during school hours, and primarily staffed by paraprofessionals and parent volunteers. The libraries at these schools are insufficient to meet all the needs of their students because of their small size and limited collections. Private school students are active users of the current Walnut Creek Library and will benefit from improved library services available at a New Downtown Walnut Creek .Library. Home Schoolers An estimated 500 students in Walnut Creek participate in private home school programs. In addition, the Mt. Diablo Unified School District's home independent study program has an enrollment of 300 students in grades K-12, and is one of the largest programs of its kind in California. The Walnut Creek School District's home independent study program has 18 registered students in grades K-8. The two largest private groups for home schooling families are the Tri-Valley Explorers and the Christian Borne Educators of Central County, each with memberships of more than 100 families. The Walnut Creek Library is the main source of curriculum support materials for local families who wish to teach their children at home,and these families will benefit from improved service to students of all ages. Nursery Schools and Daycare Centers The Child Care Council of Contra Costa County has thirty-three registered preschools or daycare centers in Walnut Creek and fifty-four private home daycare facilities. Preschool and daycare providers bring groups of children to the Library to attend story times and check out materials, and also use Library collections to plan and prepare activities for the children in their care. These providers have expressed the need for library outreach services to their facilities, including a variety of age-appropriate story times, instruction for parents and caregivers in introducing preschool children to books and reading, and orientations to the Library for preschool teachers, day care center staff and childcare providers. Colleges Pour campuses are located near the proposed New Downtown Walnut Creek Library. Students from these colleges depend upon the public library for recreational reading, as well as for supplementing the specialized collections and services provided by their college libraries: + Diablo Valley College,a two-year community college,is nearby in Pleasant Hill + Golden Gate University-Walnut Creek offers business management and technology degree programs i California State University, Hayward has a Contra Costa County campus in Concord, near its border with Walnut Creek ci EK New Downtown Walnut Creek Library Community Library Needs Assessment Community Organizations Downtown Walnut Creek is a hub of community activity. More than eighty organizations, many serving the entire region, are based in Walnut Creek. These organizations have generated a very high level of volunteerism; approximately 75% of the adults in Walnut Creek's volunteer in some type of community organization. Examples of civic and educational organizations are: the Lindsay Wildlife Museum; the Borges Ranch Interpretive Association; the Howe Homestead Park; the Heather Farm Garden Center Association; the Ruth Bancroft Garden, Inc.; the Mt. Diablo Audubon Society; the Mt. Diablo Interpretive Association; the Computer Club of Rossmoor; the Walnut Creek Model Railroad Society; the Diablo Valley Radio Controllers; the Equestrian Center; the Weavers Guild; the Writers Resource Network; and the National Society of the Daughters of the American Revolution, Mt. Diablo Peace Center, the Friends of the Creeks, Habitat for Humanity, Save Mount Diablo, the Assistance League of Diablo Valley,Tony La Russa's Animal Rescue Foundation, the National Organization for Women, the Volunteer Center of Contra Costa County, Books for the Barrios, Inc., League of Women Voters, Friends of the Library, Walnut Creek Library Foundation, the American Association of University Women,and the Walnut Creek Historical Society. Local arts and cultural organizations include: the Dean Lesher Regional Center for the Arts, the Bedford Art Gallery, Diablo Regional Arts Association, the California Symphony Orchestra, Inc., the Diablo Symphony Association, Young Artists Symphony Orchestra, the Festival Opera Association, the Contra Costa Musical Theatre, Diablo Ballet, El Ballet Folklorico Mestizo, Playhouse West, Inc., Diablo Light Opera Company, Valley Art Center., the Dancers of the Pacific Association and the Clay Arts Guild. Organizations serving the needs of ethnic groups include: the Jewish Family and Children's Services of the East Bay-Russian Resettlement and Immigration Services Program, the Contra Costa Chinese School, the Japanese American Citizens League, Junta (the Spanish speaking parents group at Buena Vista Elementary School), and the Walnut Creek Sister Cities International Committee. There are numerous service organizations in Walnut Creek, many with more than one local chapter, including Rotary, Kiwanis, Lions, Elks, Toastmasters International, and Sons in Retirement. There is a wide range of organizations involved in fostering wellness and raising awareness about health issues. These include the Wellness Community,the Contra Costa Crisis Center, the John Muir Foundation, the John Muir-Mt. Diablo Community Benefit Corporation, Kaiser Permanente, Alliance for the Mentally Ill of Contra Costa, and the Parkinson's Network of Mt. Diablo. There are a large number of senior service organizations in the City, including the Diablo Valley Foundation for the Aging, Meals on Wheels, Family and Community Services of WE KEEi< New Downtown Walnut Creek Library Community Librag Needs Assessment Contra Costa, John Muir-Mt. Diablo Health System Senior Services, and Senior Assisted Living. Youth organizations include: Boy Scouts, Eagle Scouts, and Girl Scouts of America,Walnut Creek Soccer Club, Walnut Creek Youth Athletic Association, Walnut Creek Youth Football,Little League Baseball,and the Walnut Creep.Aquanauts. Community Organizations' Service Needs There is insufficient space in Walnut Creek for these active community organizations to host meetings, programs or special events. Volunteer members of these organizations want the New Downtown Walnut Creep Library to provide a place for community groups to meet, collect information and materials that support their activities, and serve as a neutral forum for the exchange of ideas with others in the community. Specific examples of expressed service needs include. * The Walnut Creek Chamber of Commerce and the Downtown Business Association have requested that services in the new Library include programs that target the specific information needs of the business community, especially small business entrepreneurs * The Walnut Creek Historical Society would like to work with the Library to offer programs that increase awareness and appreciation for local history. * The Lindsay Wildlife Museum would like to develop programs and exhibits for the Library,to share Walnut Creek's natural history with the community. * Many of the arts and cultural organizations have suggested jointly sponsoring activities to enhance the enjoyment of local art exhibits, theatrical productions, and musical performances experienced by residents and visitors to the City. * Junta,Buena Vista Elementary School Parents' Association,wants to work with staff in the New Downtown Walnut Creek Library to create programs and services that meet the English literacy needs of Walnut Creek's Spanish speaking population. * Jewish Family & Children's Services would like to further develop the Russian language collection located at the Walnut Creek Library to meet the needs of newly settled immigrants. cK New Downtown Walnut Creek Library t r I C I T Y 0F WALNUT CR- K Library Plan of Service New Downtown Walnut Creek Library Kristen C. Wick &c Sara Behrman Library Consultants In collaboration with Contra Costa County Library Staff December 2003 -- � ~ Walnutf Smice � TABLE OF CONTENTS _ 1- Executive ........... ............................................. ................... ............................. ........ l � >{auiooStatement.............................................................. ............. ........ .................. ................3 � - 3- -{ Quick Link oothe Needs Assessment Findings ----------------------4 -- 4� A (}oick Link nothe ToincVenture Projects................................ ........ ......-- ............ .........D � 5. Service Responses, Goals and Objectives......... ...... ............................................... ............. '7 • ifelong Learning_,..,._,__,,.____,_____.—_--------------..—.8 • Formal Learning ...--`..--.------------.------.----18 wCommons.......................................................................................... .................................20 -` 6. Types of Serv�en (l�ezed--...--.--..—.-----.~-----.-----.—.'.—~..--.1q ' ' _ (lrecuU Implementation------.--..^.^—~~----.—....---.---~...---.—..25 -- * Staff......................... ....................................................................... ....................................25 -- ° Programmi g._.__,___.___._~.,._,'.__-----.—...---.—.--_,..25 _~ • Hours of Operation.—_----------------~---~'--^--~~'--^''—''26 � * Collections.................... .....................................................................................................26 * Special Services........................................... .......................................................................27 -- w Partnerships......................................................... ..............................................................27 ' How Overall Plan of Service Meets Needs.............................................................................2q w Lifelong Learning __~.______,____.___________-----.----..2Y wFormal Learning .............. ................ ................... .............................................30 - w Coumoou—..... ...................................................................................................................90 How the Plan of Service Meets the Needs of K-12 Students .---.----.---.---32 - �. l i 3czricr ................................. — ....... .........................................................34 -- w Administrative Support Services .................. —..............................................................34 � w Support Services....... .............. ... ............................ — .....................................................35 wBorrower Services......................................................................................— ....................35 w Youth and Young Adult Services...................................... .............................................35 � w Strategic� �8 ~ rluoou�g------------------------------------.. �- * Reading............................................................................................. ..................................j6 - & General Information.................................... ...... ............................................................ 36 0 Collaboration............................... ................................. ...................................... ..........]6 °- wSocc�dN��cds ------^--------------------------------37 r ' S. Tecbomk`rr------------.-------------------------------.38 -- * The Contra [o»ru [ouor7 � Hunzc Page-.................................. .............. .........39 - p T6c {]ubzxe Public Access Catalog.............. --- ..................................... ...................39 Cusnou-�rcd 5uorrs ------------------------------.----..40 � * Databases......--.................................................................................................. .............4D � � NeDowntown Walnut Creek Library ` Walnut Creek Library — Plan of Service TABLE OF CONTENTS Technology and the Needs of K-12 Students........ ............ ......... ......... ..........A2 Future Technology Resources and Sen i Ices..... ......... ti Execu 've Surmnary— Technology—,.................. .................. ............ .... . .,46 V"ALNT ,T CREEK New Downtown Wall-nut Creek Library Walnut Creel: Library--Plan of Service 1. Execuffi e Summary The City of Walnut Creek and the Contra Costa County' Librax- have proposed a new 41,289 square-foot branch library for the downtown % alnut Creek community-. This facility is meant to replace the existing - Walnut Creel: Library, a 9,240 square-foot branch that opened in 1961 to sere a population of 9,903. Tile current Walnut Creek Library has not been able to respond adequately to library service needs since as early as 190,nine short rears after its opening,when the population increased four fold to 39,84. Library services needs have only continued to increase since that time, strongly impacted by the delivery of library services through technology. Now in 2003, with a population of 64,296, the insufficient computer and telecommunications infrastructure, limited accessibilin•, poor lighting, unappealing aesthetics and inadequate space of the current facility•critically Iiniit library service to the community. The Nta• Downtown li''islnut Creek L.ibrarq, Plan of Service is the result of a communiry needs assessment undertaken over a decade, from 1991 to 2003. The Plan is compatible with and supports the Contra Costa County-Library's mission of"Bringing People and Ideas Together." The Library's Plan,in turn, supports the strategic commitments of V"alnut Creek, with its focus on working in partnership with the community to enhance the quality of life; to promote a positive environment where people can live,work, and play; and to promote a vibrant local economy to sustain long-term fiscal stability. Based in the community's thoroughly articulated vision for a New Downto-wm Walnut Creek Library, the following service responses were identified: Lifelong Learning: In order to address the informational, educational and recreational needs of students and families, business people, seniors,people with disabilities and adults pursuing lifelong learning, the Plan of Service identifies specific goals for enhancing programs, collections and services. The .Flan of Service includes a strong schedule of programs for young children, their parents, and caregivers, in response to the expressed need for more story time programs for children; more services for preschools and day care centers; and a concern regarding the iricreasing numbers of preschool and school-age children -.with reading skill deficits. Activities to encourage and support informational and recreational reading for all ages are also identified in the Plan of Service, and include book discussion groups, community-wide reading events, and author visits. Presentations to school classes and reading incentive programs will encourage children and teens to develop a love of books and reading for pleasure,and to become lifelong library users. Walnut Creek is home to a number of senior citizens and the Plan of Service ackno-wledges the importance of the Librax• in the lives of seniors. Special services, such as book delivery for the homebound, and van deliver of books to senior residential communities, address access issues described in the Neeri;Assessment. The new Library tivill also offer instruction and assistance for seniors in making effective use of electronic resources, working with volunteers from the Rossmoor Computer Club. 1"ne Plan of Service addresses the business research and career exploration needs of small business owners, investors, job seekers, career changers and high school students by identifying services that include programs on business and career topics. training on the effective use of online business resources, and workshops on career exploration. The Plan o, Seniee provides weekly technology-based English as a Second Language classes and Conversational English practice groups as services to meet the needs of%Valnut Creek's 4,034 residents that speak English less than "very~yell." Formal Learning Support: The City of%Valnur Creek and its residents place a high priority on providing school-ate children with a cualin- education and a rich learning environment. In order to maintain the continued academic excellence of the schools in the do-wnrown area, and to ensure equitable access for all students. the N'c�y Downto.yn Walnut Creek Library will sere as a hub for hornework assistance and tutoring, training on rile use of coniputers and electronic resources. emergent language and family literacy prograins.workshops on exploring colleges and careers, and after school science learning activities. WALNUT CREEK New Downtown Walnut Creek Library 1 'Walnut Creek Library--Plan of Service Commons: The inclusion of several meeting rooms, including a \fulti-Purpose Room %vzth state-of-the-art conferencing and presentation equipment, ,rill allow for the varier• of progra miming requested br patrons of all ages, provide space for the meetings and events of more that 80 community organization_, ar.d establish the New Downtown Walnut Creek Library as the conununity gathering place for Walnut Creek. In addition to space for meetings and programs, the community needs sufficient space and equipment to allow training on the use of computers, electronic resources and software applications for students and their parents, job seekers and career changers, seniors, small business o�rners, and other interested adults. This need is best me, with a fully equipped technology lab. When not in use for this purpose, the %vorkstations in the lab trill supplement other public computers to ensure an adequate number of available workstations for children, teens and adults,a frequently stated reed. The Plsr, recognizes the important role the City plays as a regional center for the arts and entertainment, It reflects a high level of cooperation between the City's Civic Arts Education Department, the Dean Lesher Regional Center for the Arts, the City's arts organizations, local galleries, school districts, and the Library to provide programs, services and resources that enhance the enjoyment of local art exhibits, theatrical productions and musical performances for residents as well as visitors to the City. Arts programs and educational activities developed with the City's Civic Arts Education Program, the Dean Lesher Regional Center for the Arts, the Historical Society and the Lindsay Wildlife Nfuseum uwill enhance the City's role as a regional center for arts and cultural activities. Larger and more in-depth collections on art, drama, and music to support the many art exhibits, theatrical productions, and musical performances offered in the City will enhance community-xide appreciation of the arts, and benefit the community at large. The t'ew Downtown 117alnut Creek UbraDl Plan of Service ,,.0 integrate appropriate electronic technologies in response to a variety of identified service needs. The Plan will rely on technology to support lifelong learning and computer literacy for children, teens, and adults, especially the downtown area's mans' seniors. The Plan xvill incorporate technology and a variety of electronic databases to vastly increase access to resources for commuters,business people,students, the disabled and the homebound. The implementation of this Plan is totally dependent upon the construction of a new facility. With expanded and improved space, flexible building design, enhanced collections and up-to-date technology, Contra Costa County Library and its partners stand ready to address current and anticipated library service needs in the Neu-Downtown Walnut Creek Library. WALNUT CREEK New Dovvnto�vn Walnut Creek Library 2 ............................................................................................................................................................................................................................................................................................................................ 'Walnut Creek Library- Flan of Service 2. Fission Statement "The Contra Costa Count•Library.Brings People and Ideas To ether„ When the Contra Costa County Board of Supen•isors adopted its recent resolution, proclaiming October 2003 as "Contra Costa Cortntl• L. brao, V' Birthday Month," the 893,500 people served by the Contra Costa County Library's collection of 1.3 million books, tapes, CDs, DVDs, and videos joined in this celebration. Since 1913, the Contra Costa County Library has brought people and ideas together. This L brarq, Pian of Senice builds on the County Library's long tradition of providing excellent service to the residents of Contra Costa Counts'. Further, this L,iGrar, Plan of Sernire foreshadows changes in countslvide library service delivery patterns. In response to the excellent feedback received from Counts' residents during the preparation of this Library Bond Act application and other assessment activities, the Library initiated a two-year strategic planning process in 2003 with consultant Joan Frye \Williams. Imperatives guiding this strategic planning process include: the desire to acknowledge and respond to expressed community needs; a respect for the unique character of each community; an interest in leveraging existing assets and resources; a need to build capacity to handle growth; and the opportunity to engage the library staff in further planning. In all communities, the residents have expressed the strong wish - a mandate actually - that more library transactions be completed at the first point of contact. Sen-ice adjustments must be made county-s6de to assure that each community library can perform this essential role as the primary point of contact for all library services. Within the new model presently being developed, each community library will respond to the needs of its community, and v-M collaborate ,Y ith its 22-peer libraries to support services to the county population as a whole. Value will be added to countywide planning efforts as each community, library also collaborates with local organizations to avoid duplication of services, builds on local successes and best practices, and promotes the broader awareness of all library services by establishing a library brand. V,'ALNUT CREEK Ne,,v Downtown Walnut Creek Library 3 Walnut Creek Library— Plan of Slmice 3. A Quick Link To The Needs Assessment Findings The citizens of Walnut Creek take great pride in their City's status as a regional cense. for arts, finance, commerce and health care. Thev desire an attractive, easily accessible downtown hbran- equal in stature to the Dean Lesher Regional Center for the Arts, to the Citc•'s upscale shopping centers, and to the City's extensive arts education program. The 64,296 residents of this community have both a vision -- and a collective mission — to build a new library within the heart of their community. This Play! of Sen.* embodies the aspirations, needs and priorities of these residents, as described in the \N*alnut Creek Corrrnrun ly L.ibraro,.'\eeds.,Isfefsilieiii. Walnut Creek's citizens have put a great deal of energy and thought into planning their librar. These highly educated residents, 94.9% of who have graduated from High school or attained a higher level of education, demand a new library that can meet their educational and informational needs. As civic-minded adults, 75% of whom serve as active volunteers for service, cultural, arts and educational organizations, they also want the new library to provide a place for community groups to meet, collect information and materials that support their activities, and serve as a neutral forum for the exchange of ideas with others in the community. Without a new library, the Contra Costa County Library is unable to offer the scope and depth of library resources, programs and services essential to residents of such a 11-ibrant, thriving metropolitan community. Without a new library, the City of Walnut Creek, which prides itself on - providing a variety- of essential services and cultural amenities to its residents and to visitors from well beyond the city limits, will be unable to provide space for adequate public library services. Most of the needed programs and ser7ces are heavily dependent upon the use of technology, yet the existing building cannot meet its present demand for electrical outlets, much less the space requirements or infrastructure needed for new technologies. Walnut Creek is a technologically sophisticated community. Eighty-five percent of Walnut Creek residents have computers at home. Community input has confirmed a high expectation that the Library- must be a leader in introducing new technologies and electronic resources, and ,,-iH instruct the public in its use. The community of Walnut Creek needs a new, fully accessible, state-of-the-art library in Civic Park, the physical heart of the City. A New Downtown Walnut Creek Libran, will be a symbol of community pride — a comsnunitr destination that serves as a center for knowledge and learning for residents of all ages. Contra Costa County Library is ready and willing to bring a progran, of expanded and improved needs-based library- resources and services, outlined in this Plv, a;'Senice, to this new, larger and more accessible downtown Walnut Creek Library. \VAi`UT C:R-i�EK New Downtown Walnut Creek Library Walnut Creek Library--PIan of Service 4. A Quick Link To The Joint Venture Projects During the community hbran. needs assessment process, residents spoke about the difficult)- Walnut Creek students have in meeting their academic goals, due to the inadequacy of both the current public library facility and the school libraries. They identified a host of unmet student needs and issues, including: • Insufficient materials and technology- in school libraries for research, and a lack of evening and ,veekend hours for access to school library resources • Insufficient access during after school hours to textbooks, curricula materials,and computer workstations with word processing for homework assignments • The lack of tutoring assistance and homework help for K-12 students • Limited instruction for students on how to locate, evaluate and use the vast variety of print and online resources in today's information age • Limited services for an increasing number of English Language Learners • Increasing numbers of preschool and young school-age children with reading skill deficits • Limited resources and programs to prepare students for college or vocational school • An increasing demand for quality educational, cultural and recreational after school opportunities for K-12 students Within two joint Use Cooperative Agreements, the City, County Library, Acalanes Union High School District, and Walnut Creek School District have described joint activities that will be undertaken by public librarians, the high school librarian, school library clerks, school media specialists, students, parents, teachers, and community members. These joint Use Cooperative Agreements establish four joint venture programs that extend each partner's individual resources to the broader community: • "Hormel;ork Help C your libraryO," will offer specialized resource collections, technology and multimedia tools, computer literacy and research skill-building classes, general and subject-specific tutoring, and other support services to address and supplement the curriculum and homework help needs of K-12 students. • "Walnut Creek Reads," will offer collections and activities designed to address the emergent language and literacy needs of preschool and young school age children, proVide specialized training to public library- staff, educate the parents and caregivers of young children about the importance of reading through a series of early-literacy programs and events, help nein immigrant high school students who speak languages other than English; and support the parents of these students and the community by offering English literacy skill-building classes and a series of family literacy programs. • "College/Career Center Program,"will offer specialized resource collections, technology and multimedia tools, a speakers' series, a job fair, mentoring, career guidance, and other vocational support sen-ices to high school students. • "Civic Park .Learning Laborator)�,"will offer opportunities for High school students to extend science learning beyond the classroom, by taking advantage of a long-term WALNUT CREEK New Do%vntown Walnut Creek Library 5 Walnut Creep Library — Plan of Service partnership w 1da the Lindsav WildEfe Museum, and by allowing students to benefit from Che parr setting of the neer hbran-'s site. 'tVALNUT c:REEK NI-w Downtown '\Vainut Creek Library 6 Walnut Creel; Library-- Plan of Sen-ice 5. Service Responses, Goals and Objectives The Public. Libran� _association's planning manual, The Neu, ,estrus, outlines and discusses a long-range planning process for libraries that emphasizes a commurun• process similar to the one employed for the New Downtown Walnut Creek Library. The community• actively participated in this communin• needs assessment process and thoroughly :articulated a vision for the library. As a result of this appraisal, the following service responses, goals and objectives were identified for the New Downtown Walnut Creek Librar<: Lifelong Learning Goal 1: Walnut Creek residents of all ages will successfully pursue their educational, informational and recreational interests. Objective 1.1 Provide young children, their parents and caregivers with programs and resources - that address early literacy and language development. Objective 1.2 Encourage and support informational and recreational reading for all ages -_ Objective 1.3 Provide small business owners, investors, job seekers and high school students with resources and sera-ices that facilitate business or investment research and exploration of careers or colleges Objective 1.4 Assist English Language Learners to improve their English comprehension and speaking shills Formal Learrnzng Support Goal 2:Walnut Creek students will enjoy success in their academie endeavors. Objective 2.1 assist K-12 students to complete homework assignments and master subject knowledge essential for academic success. - Objective 2.2 Train K-12 students, parents and teachers on the effective use of computers, electronic resources and computer applications. -_ Commons Goal 3:Walnut Creek residents of all ages will have a community-gathering place that hosts a wide variety of meetings, forums, trainings and presentations. Objective 3.1 Provide flexible multi-purpose meeting spaces with appropriate technology to support a range of uses by community organizations Objective 3.2 Train adults and seniors on the effective use of computers, electronic resources and- computer ndcomputer applications. Objective 3.3 Offer Walnut Creek residents a variett• of informational and recrcational programs. WALNUT CREEK New Do,,ntoNvn %N"alnut Creek Library 7 )A7alnut Creek Libra,-N-- Flan of Sen ice .Lifelong Learning "toal ( t Creek residents of ageswin successfiAr liurs�e Objective 1.1 Provide young children, their parents and caregivers with programs and resources that address early literacy and language development. Activities • Lapsit programs for infants up to 18 .months old and their parent or caregiver, offered twice per week • Toddler stop- times for children ages 1 — 2, and their parents or caregivers, offered three times per week • Preschool stony rimes for children ages 3 — 5, offered daily • After school storytimes for children in kindergarten and 1"grade, offered once per reek • Ston• time visits top reschools and daycare centers once per week • Orientations to library services for preschools and daycare centers, with institutional cards issued • Workshops" to introduce picture books and techniques for reading aloud to parents and caregivers, offered quarterly • Training in oral Language development and emergent literacy for parents and caregivers, offered quarterly • Promotion of resources that address the importance of reading and emergent literacy • Distribution of Booksfor Babier packets to the parents of newborns at John Muir Medical Center and Kaiser Permanente Walnut Creek Medical Center Service Indicators • Number of children, parents and caregivers participating in stony times and lapsit programs, and the percent rating the programs satisfactory or esceUent • Number of preschool teachers and caregivers attending orientations; the percent rating them satisfacton• or excellent; and the percent receiving library cards • Number of parents and caregivers attending workshops on reading and the percent rating them satisfactory or excellent • Number of parents attending training on oral language development and the percent rating them satisfactory or excellent • The number of preschools visited and the percent rating those visits satisfactory or excellent • The number of Books for Babies packets distributed through the hospitals and the percent of recipients receiving a libran` card N c c d s Addressed r • Afore t-aricn- in the n-pes of ston- tunes offered, to nicer the needs ofchildren at different developmental Sta`cs %VALNUT CREEK New Downtown %Walnut Creek. Library 8 � - - � r�rrrwrr�r��w+ir.nr.rrri 'I _-_..___............................................................. Walnut Creel: Library---flan of Ser-,ice • More ston•times offered at different times of day to address the concerns of working parents and he schedules of preschools and daycare centers that bring children to the library • Outreach to preschools and daycare centers with transportation linitations that prevent visits to the libran • Introductions to library services for preschool teachers and daycare providers • Education for parents and caregivers on the importance of reading and the need to provide earl), literacy experiences that encourage language development and reading readiness Iinpleinentation Location of Service • Storz• times and lapsit programs will be conducted it the Children's Story Time Area. • Orientations, trainings and workshops will be conducted in the Multi-Purpose Room or in the Conference Room. Orientations will also include a tour of the library, emphasizing the Children's Area. Frequency of Service • A minimum of two story time and/or lapsit programs will be conducted each dav, with at least two evening programs per week. • Orientations, trainings and workshops will be conducted quarterly, in the evening or on SaturdaiI Providers of Service + Youth Services Librarians will select materials in a variety of formats for preschool and young school-age children; select and promote materials for parents and caregivers that address the importance of reading and emergent literacy; plan and conduct orientations to library services for caregivers; plan and conduct workshops on picture books and reading for parents and caregivers; and coordinate training for parents and caregivers on oral language development and emergent literacy. • Youth Services and Library Assistants will plan and conduct all stop- tunes, lapsit programs, and visits to preschools and daycare centers. • Youth Services Librarians will partner with the Birth Centers of John Muir Medical Center and Kaiser Permanente Walnut Creek Medical Center to distribute Books for Babies packets to the parents of newborns that include a free book for the baby, a pamphlet on the importance of reading to children, and library services information. • Walnut Creek School District's Reading Specialist will design and offer workshops that introduce parents and caregivers to early literacy concepts, demonstrate activities that prepare children for reading, and describe District tools that guide the selection of reading material. WALNUT CREEK Nese Do%vntowri tt'alnzt Creek. Library 9 Walnut Creek Library— Plan of Service Objective 1.2 Encourage and support informational and recreational reading for all ages. Activities • Book discussion groups for children and adults, offered mondily • Reading incentive programs for children and teens, offered annually • Book Festira." a community-,vide reading program for all ages, offered annually • Visit5 be authors of books for children, teens, and adults • Training on the use of readers' advisor- databases, 11•ha:Do I bead 1NeNf1 and XoveL.ist, offered quarterlt • Presentations to school classrooms and community- book discussion groups on recommended fiction and nonfiction tides • Recommended reading lists of titles that support current cornmun.ity arts and cultural events • Expand Books To Go, a van delivery service of libran, materials to senior residential communities, from service once per week to service three times per week • Provide Books for the Homebound service to Walnut Creek residents with limited mobility Service Indicators • Number of participants in book discussion groups and percent rating their experience as satisfactory or excellent • Number of participants in reading incentive programs, the percent completing all activities, and the percent rating the programs as satisfactory or excellent • Attendance at author visits • Demand for titles discussed during author visits and presentations to school classrooms and book discussion groups • Demand for titles on recommended reading lists • The number of items borrowed through Books To Go, the number of Rossmoor residents using the service,and the percent rating the service as satisfacton• or excellent • Number of homebound seniors served in Walnut Creek, the percent rating the service as satisfacton- or excellent, and feedback from volunteers conducting the service 0 CREEk New Downtown %% alnut Creek Library Walnut Creek. Library v Plan of Service Needs Addressed • Need for a&ice on selecting recreational reading materials • A desire for more literan- events • Support for existing book discussion groups and the creation of new discussion groups for both children and adults • Actirities that encourage a love of reading and lifelong use of the library • Resources on topics of current interest in the City, especially arts and cultural events • Need for increased outreach to seniors Im1) 1ementatiotz Location of Service • Book discussion groups will meet in the Conference Room or the multi-Purpose Room. • Author events will be held in the Multi-Purpose Room. Frequency of Service • Book Discussion Groups -,vill meet monthly, after school for children and in the evening for adults. • Reading incentive programs and the .Book Festival -%rill be conducted annually, with extended promotion in the schools and the community prior to the activities. • Presentations to school classes and book discussion groups will be conducted at least once per month. • Materials requested through the Books To Go program will be delivered three times per week to the Rossmoor Communiry Center. • Seniors enrolled in the $ooks�or the Homebound service will receive library materials once per month. Providers of Service • Librarians and Library Assistants will offer direct reference assistance to locate and provide the resources needed to meet the educational, informational, and recreational needs of all ages. • Librarians will select materials in a variety of formats to meet the educational, informational and recreational needs of children, teens and adults; plan and implement age-appropriate book discussion groups; coordinate author visits; provide training on readers' advison• databases; visit schools and community groups to promote reading and conduct presentations on recommended titles; and prepare recommended reading lists. • Youth ''Sen•ices and Teen Services Librarians will plan and ir:plement age-appron fate reading incentive programs. • The Library will partner -,vith the Cin•, school districts. PTAs, Friends of the Libran-, and local bookstores, to plan and promote Book Festival, an annual community-wide reading event. • Local arts and cultural organizations will recommend resources for the Libran•'s coilecdon to enhance the corrinunity's enjoyment of planned events. • R.os,;moor volunteers and Walnut Creek Foundation tyil prof-ide the resources to ex;rand Boa-, Oen-ice. CPEEK Nznv Downtown Walnut Creek Library l 1 '%%'alnut Creek Library-- flan of Service • Walnut Creek Senior Center staff and Rossmoor volunteers will identify seniors in need of the Bmks jor the Nonrebourrd service and the Libran's Volunteer Coordinator will recruit and trait: volunteers to provide the service. " ,l Malnuitteek resi&hts 'of educationa4 informationaland recreational interests. Objectivel.3 Provide small business owners, investors, job seekers and high school students with resources and services that facilitate business or investment research and exploration of careers or colleges. Activities • Training on the effective use of electronic resources, including Contra Costa County Library databases such as Business and Company Resource Center; Standard and Poor's; ltlergentOnline;and PROIMPT, offered monthly • Presentations to local business and civic organizations about business and career resources. • an annual open house to introduce library services to local businesses • Monthly programs on business and career topics, such as investing, entrepreneurship, writing resumes, job interview strategies • Training on the effective use of career exploration software such as the California Career Information Svstem, offered quarterly • Workshops on the use of electronic resources for college exploration, offered quarterly • College Pairs with representatives from public and private institutions, offered annually • Workshops on applying for college and for financial aid, offered annually • Promotion of business and career resources to local businesses through the quarterly newsletters of the WaLnut Creek Chamber of Commerce and Walnut Creek Downtown Business Association Service Indicators • Number of participants in trauungs and workshops and the percent rating them satisfactory or excellent • The percentasye of participants in trainirtgs ratting their skills as improved or much improved • Number of attendees at monthly-programs and percentage rating them satisfacton• or excellent • Number of presentation to local business and civic orgaruzations, and their feedback • Number of participants in the College hair, the number of public and private institutions Sul attendance, and the percent of boil: rating the event satisfacton- or excellent • Use of business databases and the demand for business, college, and career resources Needs Addressed • More resources and assistance to prepare students for college, vocational schools and work • Services that: as�isr vvorke:-s is: career opportunities and u proving job skills Wa I NU CREEK New Downtown Walnut Creek Library I? f NA'alnut Creek Library—Plan of Service • Seminars or. current small business issues and topics • Access to business resources from home or work and the training to use them effectively IIn1) 1eine11tati « tt Location of Service • Training on computers, electronic resources and computer applications will be conducted in the Technology and Training Center. The Technology and Training Center will have technology workstations to accommodate IG participants. Aninstructor's workstation will be connected to an overhead projector for demonstration purposes. • The Multi-Purpose Room will serve as an auxiliary training space, with a large-screen projection systern and 20 laptops available for use. • Workshops, monthly programs, the annual open house and College Pairs will be held in the :Multi-Purpose Room. Frequency of Service • Training on electronic resources will be conducted twice each week, with one evening session and one Saturday session. A different resource or application will be addressed each week. • Training on.the use of career exploration software will be held quarterly,in the evening. • Monthly programs on a variety of business and career related topics will be held in the evening or on Saturdays. • Quarterly workshops on college exploration and annual workshops on applying for college and financial aid will be conducted in the evenings or on Saturdays. • College Pairs will be an all-day event held on a Saturday in early Fall. Providers of Service • Librarians and Library Assistants will provide direct reference assistance" to small business owners,investors,job seekers and high school students. • Librarians will select materials in a variety of formats to meet business and investment research - needs, as well as college and career exploration needs; conduct training on electronic resources; plan, promote and conduct the annual open house; and promote library services through presentations to local business and civic organizations. • Library staff will partner with the Walnut Creek Chamber of Commerce and the Downtown Business Association to plan and deliver monthly programs on business and career topics such as investing,entrepreneurship, writing resumes, and job interview strategies. • The Acalanes Union High School District's College/Career Advisor will plan and present workshops on college exploration, college applications, and financial aid. The advisor will also work with Library staff to plan and present the annual College hair. rf r r r r pursue t �.r r rr r r CREEK 'New Downtown Walnut Creek Library 13 Walnut Creek Library—Plan of Service Objective 1.4 Assist English Language Learners to improve their English comprehension and speaking skills. Activities • Weekly technology-based English as a Second Language classes • Annual meetings to solicit input from members of the community's Russian and Spanish speaking populations, from other English Language Learners and from English language instructors in the \Walnut Creep School District and the Acalanes Union High School District on the selection of bilingual and English as a Second Language materials • Conversational English groups, conducted weekly Service Indicators • Number of participants in weekly ESL classes, the percent rating them satisfacton. or excellent, and the percent rating their skills as improved or much improved • Number of attendees at annual meeting and their feedback • Number of participants in the Conversational English groups and the percent rating them sadsfacton-or excellent Needs Addressed • Services for the parents of K-12 students who are English Language Learners, to irr�prove their English comprehension shills and encourage their participation in their children's education. • English as a Second Language classes for new immigrants and other English Language Learners • Bilingual and English as a Second Language materials 1inplerneittation Location of Service • Technologt-based English as a Second Language classes «ill be held in the Technology and Training Center. • Annual meetings with communin• groups, school and service agencies, and English Language Learner residents will be held in the Multi-Puipose Room. • Conversation English groups will meet in the Conference Room or in group study rooms. Frequency of Service • Technology--based English as a Second Language classes will be held one afternoon per week and one ec crurmg per week, in 9-xccl; sessions. • Conversational English groups will be conducted weekly, ium the evenings. Providers of Service • Librarians gill select bilingual and English as a Second Language materials icm a variety- of for-mats, to meet the needs of Lr ngUsh Language Learners; conduct anMMI meetings .vith con-ununity VA c'KLci� New Downtown Walnut Creel Library 14 Walnut Creek Library—Plan of Service groups, school and service agencies, and English Language Learner residents; and coordinate Conversational English groups. • The Walnut Creek School District's adult Literacy Trainers will work with ESL Teachers from the Acalanes adult Education Center to offer the technology-based ESL classes. • The jez,,°ish 1~arruly and Children's Services of the East Bai' and members of junta, the parents' association of Buena Vista Elementary School, will develop and conduct weekly- Conversational English groups. WALNUT CREEK New Downtown Walnut Creek Library 15 Walnut Creek Library--Plan. of Service Formal Learning Support t . ; , . syccessnts academic � . Objective 2.1 Assist K-12 students to complete homework assignments and master subject knowledge essential for academic success. Activities • Homea-ork assistance after school and on weekends • One-on-one and small group tutoring after school and on weekends • Weekly technology-based English as a Second Language classes • School textbooks and curriculum materials available for daily-use • Electronic resources available to students in the library and from home • Homework support tools such as bibliographies; Web site lists and pathfinders • Quarterly academic test preparation workshops Service Indicators • Percent of K-12 students in Walnut Creek receiving homework assistance and tutoring • Percent of students using homework assistance and tutoring services rating them satisfactory or excellent • Number of students attending ESL classes and the percent rating them satisfactory or excellent • Number of students using resources and support tools, and the percent rating them satisfactory or excellent • Number of students attending test preparation workshops and the percent rating instructions satisfacton- or excellent Needs Addressed • Homework assistance and tutoring services for K-12 students • 'More resources to support K-12 school curricula • Access to resources and homework assistance during evening and weekend hours • Services to assist students who are English Language Learners to improve their English comprehension and computer literacy skills • More assistance in preparu:g students for college CREEK 1�`ew Do«rto«n Zl"nlnut Creek Library if - rr .,��rrw�r�rr.wrr�rrrrri - Walnut Creek Library— Plan of Service I nil) l e e entation Location of Service • Homework assistance and tutoring services for students in grades K-8 ,vill be conducted in the Computer and Homework Center. • Homework assistance and tutoring services for students in grades 9-12 will be conducted in the Young Adult Area, Technology and Training Center, Conference Room, and group study rooms. • Technology-based English as a Second Language classes gill be held in the Technology and Training Center. • Academic test preparation workshops will be held in the Technology and Training Center, the Conference Room, and the Muld-Purpose Room. Frequency of Service • Homework assistance and tutoring services will be available on a daily basis, from 10:00 a.m. to 8 p.m. Monday through Friday, and from 10:00 a.m. to 6:00 p.m. on Saturdays. • Technology-based English as a Second Language classes twill be held one afternoon per week and one evening per week,in 9-week sessions. • Two academic test preparation workshops will be held each quarter, with one offered in the evening and the other offered on a Saturday. Providers of Service • Youth Services and Teen Services Librarians will offer direct reference assistance to K-12 students; select curriculum-related materials for the collections; prepare bibliographies, Web site lists and pathfinders for student use; and conduct academic test preparation workshops. • School districts will provide copies of textbooks and curriculum material for student use in the library. • Contra Costa County Library's Electronic Resources Specialist will evaluate and select curriculum-related electronic resources that can be accessed by students from home. Walnut Creek School District teachers will provide homework assistance daily, after school and in the evenings. • The Walnut Creek School District's Adult Literacy Trainers ,will work with ESL Teachers from the Acalanes :adult Education Center to offer the technology-based ESL classes. • The Las Lomas College/Career :advisor will recruit high school students to serve as tutors for K-8 students and as peer tutors for other high school students. • The Contra Costa Counts- Library Volunteer Coordinator and the New Downtown Walnut Creek Volunteer Coordinator will recruit, train and supervise volunteers to provide homework assistance and tutoring services. CREEK Ne«v Downtown Walnut Creek. Library 17 Walnut Creep Library— Plan of Service t 1Y =.. .'.6 E t -�' CUM �, -.i i u: i ..:al ...,t..3 -. i: Objective 2.2 Train K-12 students, parents and teachers on the effective use of computers, electronic resources and computer applications. Activities • Introduction: to Contra Costa County Libran.'s Web site • How to use Contra Costa County Library's online databases and other electronic resources, including: Kiis Iujo$rts; Student Resource Center Gold; nelUbra.n:Lire Homework Hep;AsktNow and L.eamingE.apre.u1ji)rar + How to search the Internet and evaluate Web sites • How to use computer applications such as Word, Excel,and PowerPoint Service Indicators • Number of students, parents and teachers participating in training and percent rating them satisfactory or excellent • Number of students, parents and teachers participating in training and percent rating their skills as improved or much improved. Needs Addressed • Training for students, parents and teachers to ensure effective use of electronic resources in the Iibran• and from school or home • Training to aid students in their use of computer applications for homework assignments Iinpleinentation Location of Sen-ice • Training on computers, electronic resources and computer applications will be conducted in the Technology and Training Center or in the Computer and Homework Center. The Technology and Training Center%-,-ill have technology ,vorkstations to accommodate 16 students, parents or teachers. An instructor's ,yorkstation will be connected to an overhead projector for demonstration purposes. The Computer and Homework Center will have technology. workstations to accommodate 10 students, parents or teachers. • The Multi-Purpose Rooth «-ill serve as an auxilian- training space, with a large-screen projection system and "0 laptops available for use. WALNUT CKEEK New Downtown Creek Library i F Walnut Creek Library--Plan of Service Frequency of Service • Training rt-ili be conducted n ice each week, with one evening session and one Saturday session. A different resource or application NNU be addressed each week. Providers of Service + L brarians and Libran• assistants «?ill conduct all training on the use of computers, electronic resources and computer applications. WALNUT CREEK New Dovmto«n %Valnut Creek Library 19 Walnut Creed. Library— Plan of Senice Con2mons Place that ,o : x srums, Objective 3.1 Provide flexible multi-purpose meeting spaces with appropriate technology to support a range of uses by community organizations. Activities • Proride large,medium, and small meeting room spaces for use by community groups • Facilitate the use of meeting room spaces by service, cultural, arts and educational organizations, for regular meetings and special events • Promote meeting room spaces through local newsletters and presentations to com.munlrY organizations Service Indicators • Number of organizations using Library spaces for meetings and events, and percent indicating the spaces and amenities met their needs • Number of people attending the functions of community organizations and their feedback • Number of presentations to community groups and their feedback Needs Addressed • Space for community organizations to conduct regular meetings and hold special events • Opportunities for community organizations to offer special events and educational programs for the residents of Walnut Creek Iinplernentatioti Location of Service • One Multi-Purpose Room with a capacity of 150 adults or 200 children • One Children's Story Time Area with a capacity of 30 adults and children • One Conference Room -,vith a capacite- of 12 adulrs • T«-o Study Rooms -,virh a capacin- of 6 adults WAi NUT CREEK New Downtown Walnut Creek Library 30 ............................................................................................................................................................................................................................................................................................................................ Walnut Crel-k Library - Plan of Service Frequener of Service • Meetira, Rooms xill be scheduled on a First come, First sen-ed basis and in accordance with Contra Costa Counn• Libran- policy on meeting room use. Providers of Service • Libran• staff will coordinate meeting room scheduling,promote use of the meeting room spaces; and facilitate the use of meeting room spaces and needed technologies. +r Mresidentscommunity s hostsplace'that of Mectiliggs,fortuns,traiinings md presentations. Objective 3.2 Train adults and seniors on the effective use of computers, electronic resources and computer applications. Activities • Introduction to the use of computers, e-mail and Web browsers • Introduction to Contra Costa County Library's Web site • How to use Contra Costa County Library's online public access catalog and online databases, including. General Re-ferenre Center Cold;.Health and Wlellness Resource Center;netLibrag, and lrrfoTrac OneFii,. • Introductory and advanced training on Internet searching • Holt-to use computer applications such as Word, .Excel, and PowerPoint Service Indicators • Number of participants in training sessions and percent rating them satisfactory or excellent • Percentage of training participants rating their skills as improved or much improved. • Feedback from users of electronic resources Needs Addressed • Trains g for adults and seniors that provides skills essential to the use of new technologies • Training for adults and seniors to ensure effective use of electronic resources in the library and from home CREEK New Doi ntown Walnut Creek Library 21 Walnut Creep Library— Plan of Service I Ilil) Ic 11) C11tat1UI1 Location of Service « Training on computers, electronic resources and computer applications will be conducted -11 the Technology- and Training Center. The Technology and Training Center will have technology Workstations to accommodate 16 participants. An instructor's workstation will be connected to an overhead projector for demonstration purposes. • The Multi-Purpose Room xvill serve as an awdliary training space, with a large-screen projection st•stem and 20 laptops available for use. Frequency of Service « Training will be conducted twice each week,with one evening session and one Sarurdal-session. A different resource or application will be addressed each week. Providers of Service • Library staff and well-trained volunteers will conduct training on the effective use of computers, electronic resources, and computer applications. • Volunteers from the Rossmoor Computer Club will provide training for other seniors and interested adults on the use of computers, email, and Web browsers. Goal 3:Walnut Creek residents of f t place 'i of t +s,fortuns, }i ► presentatiow. Objective 3.3 Offer Walnut Creek residents a variety of informational and recreational programs. Activities • Arts and cultural programs coordinated v it'r, local art exhibits, theatrical productions and musical performances • Science learning activities for high school students, conducted in Civic Park • Current events and issues discussion groups • Health and wellness education programs • Semi.nars on Iocal piston- and natural histon• of Walnut Creek • Famiiv Iiteracv events, including guest ston tellers, multicultural performers, and celebrations of books and reading WAINUT CREEK New Downtown 1Valnut Creek Library 22 F Walnut Creel: Library— Plan of Service Service Indicators • Number of attendees at programs, sen-inars and events, and the percent rating them satisfacton or excellent • Number of students participating in science learning activities and the percent rating them satisfactory or excellent • Number of participants in discussion groups and their feedback • Feedback from communinv partners providing programs • Demand for titles that correspond to subject of programs, seminars and events. Needs Addressed • Programs to address the educational,informational and recreational interests of children, teens, adults and seniors • Opportunities for community-organizations and agencies to provide informational programs to others in the community • Quality after school programs for high school students that extend learning beyond the classroom Iinpleincntation Location of Service • .Arts and cultural programs will be held in the Multi-Purpose Room. • Science learning activities will be conducted in Civic Park, although some portion of each activity may be conducted in the Conference Room or the Multi-Purpose Room. • Current events and issues discussion groups will be conducted in the Conference Room or Multi-Purpose Room. • Programs on health and wellness topics -,vill be conducted in the Multi-Purpose Room. • Local history and natural histon• seminars wiU be conducted in the Multi-Purpose Room. • Family literacy events will be held in the Multi-Purpose Room or in the Children's Story Time ,area. Frequency of Service • Arts and cultural programs, health and wellness programs, and seminars on local history and natural histon-will be scheduled to provide a minimum of one program per month. • Science learning activities for high school students will be conducted %veeldr, in nine-week sessions that correspond to school schedules. Special short-term science activities will be conducted during school breaks. • Current events discussion groups will be held one evening per month. • Family literacy events %gill be held on a quarterly basis. WALNUT CREEK New Downtown Walnut Creek Library �3 Walnut Creek Library— PIan of Service Providers of Service • Libran- staff will coordinate and schedule all programs, seminars, workshops, discussion groups and special C�-ents. • The Dean Lesher Regional Center for the Arts, local arts and cultural organizations, and the Cin•'s CIVIC _-arts Education Program will work ,,-ith Libran- staff to joi3-ttly develop arts and cultaral programs. • Acalanes Union High School District science teachers will work with Lindsay V`ldlife Museum staff to create and offer science-learning activities. • Library staff ,-ill plan and host current events discussion groups with guest discussion leaders from coi=unity organizations, service agencies, and local colleges. Videoconferencing will be incorporated to draw guest discussion leaders from outside the region, on topics of interest to Walnut Creek residents. • The community education services of John Nfuir Medical Center and Kaiser Permanente Walnut Creek Medical Center will provide guest speakers to address a variety of health and wellness topics. • The V'alnut Creek Historical Society and Lindsay Museum will provide guest speakers to educate children and adults on local history and the natural history of the Walnut Creek area. • The Friends of the Walnut Creek Library will fund quarterly famile literacy events. CREE- New Downtown \Valnut Creek Library Walnut Creek Library— Plan of Service 6. Types of Services {offered 0 crerall Implern en to tion Staff The Counry Library will staff the New Downtown Walnut Creek Libran' with a Senior Branch Librarian, a Lead Librarian, four Librarians, two paraprofessional Library Assistants, a Senior Level and five Experienced Level Clerks, a Volunteer Coordinator, and a total of 135 hours per week of Library Student Assistants. The Senior Branch Librarian and the Volunteer Coordinator will work closely with the Contra Costa County Library Volunteer Coordinator and the City of Walnut Creek to develop a volunteer program at the New Downtown Walnut Creek Library and to recruit a core group of volunteers to help design and 'implement library programs and services, Programming The New Downtown Walnut Creek. Library must serve as the "community's living room" within Civic Park, with adequate gathering and meeting room space for this vibrant community and .its more than 80 community organizations. The New Downtown Walnut Creek Library must be a physically welcoming facility if it is to offer all of the services requested by its residents. A large multi-purpose room .trust be available to provide flexible audience seating for 154 adults or 200 children, as well as offer a portable stage for dramatic productions, and children's programs. This large multi-purpose room will be used for large community forums, meetings, cultural programs, continuing education workshops and tutor training. It must also double, when needed, as a larger classroom for technology training. SmaLer multi-purpose rooms are needed for quiet study groups, collaborative learning, and tutoring sessions. A separate technology center with a sufficient number of computer workstations is also needed for training opportunities in a lab setting. A wired "plaza feature" will extend multi-purpose space into a lovely park setting. In order to address the educational, informational and recreational needs of students and families, business people, seniors, people with disabilities and adults pursuing lifelong learning, the Plan of Service has identified specific objectives for enhanced programming. Library staff will design and implement programs in collaboration with the Cite of Walnut Creek staff, school district staff, Library volunteers, social service and child care providers, and members of community organizations. The scheduling of Library programs will be integrated into the City's overall schedule of events and the Library will make use of the City's Web site and newsletter, the Contra Costa County Library %Veb site, the newsletters of community organizations, the Walnut Creek Chamber of Commerce, the Downtown Business Association, and local media, including comnmunir-,- cable television, to promote Library programs. Hours of Operation WALNU CRI:FNew Downtown Walnut Creek Library° 25 Walnut Creek Library--Plan of Service In order to provide needed sen-ices effectiveh- and efficiendlt, the Contra Costa Count-, Libran- twill operate the Walnut Creek- Library 7-6 hours per \week sJ-% days a %week including morning, afternoon and evening hours: 'Monday,Tuesday, Wednesdav, and Thursdat•: 10 AM to 8 Phi Friday and Saturday: 10 A',\ to 6 P�1 Collections Throughout the needs assessment process, participants repeatedly identified the need for both circulating and reference collections of sufficient size and depth to meet the educational, informational, and recreational needs of residents and the business community-. The New Downtown Walnut Creek Library- has space for a collection of 146,821 items,which combined with the Ygnacio'Talley Library collection,will provide approximately 3 items per capita for the projected 2020 population of 71,100. The New Downtown Walnut Creek Library N,.M provide a collection of print and multimedia materials for adults, young adults and children. Print collections will include - fiction and nonfiction material in hardcover, paperback and large-type formats, reference books, and material in Spanish and Russian. Multimedia collections will include audio books, children's media kits (audio cassettes or CDs with books), music CDs, CD-R©NIs, videocassettes, and DNrDs. The Library will also subscribe to local and national newspapers, general interest adult magazines, young adult magazines and children's magazines. The City of Walnut Creek plans to spend approximately $250,000 to enhance the existing collection for opening day of the New Downtown Walnut Creek Library. Contra Costa County Library and the City of Walnut Creek will allocate approximately $158,600 per rear for ongoing acquisition of material. The Walnut Creek Library Foundation and the Friends of the Walnut Creek Library will augment this amount with private donations and proceeds from the Friends of the Library book sales. Six months prior to the opening date for the New Downtown Walnut Creek Library, the Senior Branch Librarian and other Walnut Creek Library staff will revise the Branch Conrnrunity Profile, updating demographics and reviewing library use statistics. Using the revised Profile in combination with vendor opening-dav guidelines, Walnut Creek Library staff will then work with Contra Costa County Library's Collection Development Team to select an opening day supplemental collection for the Walnut Creek Library. The collection will include the Contra Costa County Library's mandated core collection as ,N-cll as materials selected to meet specific local needs, such as business resources and school curriculum related materials. To ensure that the opening day supplemental collection and subsequent acquisitions reflect local goals and objectives and are meeting the needs of the Walnut Creek com-niunin-, the New Downtown %Valnut Creek Libran• staff will conduct a user sun-er si.% months after opening day. Data gathered from the sun-ey will be used to revise the Branch Copivveni,- Piv)ile and reassess selection practices. .-Annual revision of the Branch Comnnunin• Profile provide ongoing coni iunin• needs assessment as part of the collection planning process. S ecirtl5erwices W*ALNU'T CPEEK Ne«N Downtown Walnut Creek Library 26 Walnut Creek Library--Plan of Service Participants in the community needs assessment process were clear in their concern that services must be available to residents of aU ages and that any potential barriers to the facility and its services, programs and collections must be fully addressed. The special needs of learning and physically disabled children, teens, adults and seniors will be considered as librarc services, programs and collections are planned and implemented. The New Downtown Walnut Creels Library w ll: • Provide online resources and services to respond to the needs of the disabled and others with physical access issues. These may include: Texthelp software for use with assistive technologies, talking computers, text-to-speech synthesizers, speech recognition programs, and concept- mapping software. • Facilitate access to the library's services, programs, and resources for disabled children, by working with their parents and special education staff of local school districts to identi£}' appropriate service mechanisms and assistive technologies, which may include a Kurtzweil 3000 or an AlphaSmart (a portable word-processor). • Facilitate access to the library's services, programs and resources for disabled adults and frail elderly by working with these adults, their caregivers and Independent Living Resource to identifiing appropriate service mechanisms and assistive technologies. • Design an outreach program with the Walnut Creek Senior Center and with operators of residential care facilities to bring library services to the homebound and to residents of care facilities. Partnerships The Communip, Libraror Needs Assessment identified mane potential community partners for the Library. Key informants and focus group participants from the City, local agencies, community organizations, the Walnut Creek School District, the Mt. Diablo Unified School District and the .rlcalanes Union High School District all established ways in which their organizations or agencies will support the Library. The Library will rely on partnerships with community organizations and agencies for program support. For example, Rossmoor and the Walnut Creek Senior Center,.vill assist the Library to plan programs and services that best meet the needs of seniors, recruit Library volunteers, and identifc- potential recipients of Books for the Homebound services. The Library s partnership with the Walnut Creek Chamber of Commerce and the Downtown Business _association will facilitate plans for an annual open house and orientation to the Library for Walnut Creek's business community, and aid the development of workshops and resource collections that target the specific information needs of this community, especially small business entrepreneurs. Joint planning%vith local arts and cultural organizations for more in-depth collections on art, drama, and music evill enhance the many art exilubits, theatrical productions, and musical performances offered in the Cin% arts education programs and activities developed with these organizadons ;611 WALNUT T cast < New Downto-wn Walnut Creek Library 27 + Walnut Creek Library — Plan of Senice enhance the Cin-'s role as a regional center for arts and cultural acnrities, and the creation of resources and sen-ices that assist the Cin•'s residents and visitors to discover and enjoy these activities will benetir the cor munin• at large. The Libran• and the Walnut Creek Historical SocielY ~rill offer programs that increase awareness and appreciation for local luston', and Lirdsav Wildlife Nfuseum will develop programs and exhibits for the Library that share \ alnut Creek's natural histon, with the community. Partnerships xrith organizations such as Junta, the Buena Nista Elementar, School Parents' Association, and the Jewish Family & Children's Services will sen•ethe conunurin•'s nev.- immigrants and residents who are English Language Learners by providing English-language classes, developing resource collections with Spanish, Russian, English as a Second Language and bilingual materials, and offering events that celebrate the many cultures of Walnut Creek's residents. ULNUT CREEK Nevv Dowt to«t: Walnut Creek Library 28 Walnut Creels: Library--Plan of Service r - How Ovemll Plan ofSer4ce Meets Needs Lifelong Learning In order to address the informational, educational and recreational needs of students and families, business people, seniors, people with disabilities and adults pursuing lifelong learning, The New Downtaufr, 11"alm: Creek .Librate Flan of Service identifies specific goals for enhancing programs, collections and services. The flan of Senwe includes a strong schedule of programs for young children, their parents and caregivers, in response to the need for more story time programs for children and the need for more resources and programs for preschools and day care centers, and in response to a concern regarding the increasing numbers of preschool and school-age children with reading shill deficits. Activities to encourage and support informational and recreational reading for all ages are also identified in the Plan of Service, and include book discussion groups, community-wide reading programs, and author visits. These activities satisfy the community's need for more literary events. Training on the use of readers' advisory databases, distribution of recommended reading lists and presentations to book clubs will address the need of avid readers for advice on selecting reading material. Presentations to school classes and reading incentive programs will encourage children and teens to develop a love of books and reading for pleasure, and to become lifelong library users. Walnut Creek is home to a number of senior citizens, who make up 25.3°o of the population. The Plan acknowledges the importance of the Library in the lives of seniors. It addresses their need for lifelong learning opportunities and their expressed desire for larger collections of materials on current topics and recreational reading materials. The new Library will expand its collection of resources on topics of interest to seniors, such as financial investments, health care, travel and history. Special services, such as book delivery for the homebound, and van delivery of books to senior residential communities, address access issues described in the Needs Assessment. The new Library will also offer instruction and assistance for seniors in making effective use of these new electronic resources,working with volunteers from the Rossmoor Computer Club. This Plan recognizes the City's important role as a commercial and financial center for Contra Costa County. It identifies opportunities to partner with the Walnut Creek Chamber of Commerce and the Downtown Business _association to provide expanded local access to needed business information resources and services. The Plan relies upon input and support from the Chamber and the Association to build collections and design programs for the business community. It looks to the Chamber, the .association and the business communitS• for assistance in promoting library- services and programs. The Plan oi'Seniee addresses the job search and career exploration needs of job seekers and career changers by identifying services chat include programs on business and career topics, such as entrepreneurship, writing resumes, and job interview strategies, and also include traisiing on the effective use of career exploration software such the California Career Information System. WALNUT CREE— New Downtown Walnut Creek Library 29 < Walnut Creek Library,,—Plan of Service �rrrr�r•rr�wrir -- - ��� Walnut Creek has a growing population of non-English speakers. _according to the 2000 Census, 4,034 residents of Walnut Creek speak English less than "ver- xvell," a 591 o ilncrease over the 2,536 recorded in 1990. These residents need an increased collection of English as a Second Language material as %veli as programs to assist then: with learning English. These services are especially critical for the parents of students who are also English Language Learners. Local schools have identified a need to assist these parents with their English comprehension skills so that they may participate more fulls- in Eheir child's education. The Plan of Searle provides n-eekly technology-based English as a Second Language classes and Conversational English practice groups as ser-ices to meet this need. Format Learning Support The City of Walnut Creek and its residents place a high priority on providing school-age children with a quality education and a rich learning environment. In order to maintain the continued academic excellence of the schools in the downtown area, and to ensure equitable access for all students, the New Downtown walnut Creek Library will serve as a hub for homework assistance and tutoring, training on the use of computers and electronic resources, emergent language and family literacy programs, workshops on exploring colleges and careers, and after school science learning activities. See Hou,The Librag Plan o.f Sen.'rce Afeets the reedy of Iti-1?Students Commons The inclusion of several meeting rooms, including a Multi-Purpose Room With state-of-the-art conferencing and presentation equipment, will allow for the varier• of programming requested by patrons of all ages, provide space for the meetings and everts of more that 80 communi-w, organizations, and establish the New Downtown Walnut Creek Library as the community gathering place for Walnut Creek. In addition to space for meetings and programs, the community needs sufficient space and equipment to allow training on the use of computers, electronic resources and software applications for students and their parents, job seekers and career changers, seniors, small business owners, and other interested adults. This need is best met with a fully equipped technology lab. \'then not in use for this purpose, the workstations in the lab Rill supplement other public computers to ensure an adequate number of available workstations for children, teens and adults, a frequently stated need. The Plan reco-eeni>es the important role the Cite plays as a regional center for the arts and entertainment. It reflects a High level of cooperation between the City's Civic .arts Education Department, the Dean Lesher Regional Center for the _arts, the Cin-'s arts orsZanizations, local galleries, school districts, and the Library to provide programs, services and resources that enhance the enjoyment of local art exhibits, theatrical productions and musical performances for residents as well as visitors to the Cir-. _arts programs and educational activities developed with the Cin-'s Civic arts Education Program, the Dean Lesher Regional Center for the .arts, the Historical Society and the Lindsay Wildlife Museum will enhance the Cin-'s role as a regional center for arts and cultural activities. Larger and more Lin-Leprh collections on art, drama, and =_sic to support the tnanv art exhibits, theatrical production:, and musical performances offered !n the Cin- will enhance the communities' appreciation of t.e arts, and benefit the coirunurin• at lame. ',vat:ut i CREEK Nev; Downtown Walnut Creek Library 30 Walnut Creek Library—Plan of Service u.r�rr+r�r -- _-- ■ cxEex Ne-w Downtown Walnut Creek Library 31 Walnut Creek Librar v— PIan of Service Hoer- The Library Plan of Sen ce Afeets the.Needs ofh=12 Students The A",,: c, Seim-e for the New Downtown Walnut Creek Libran- includes a number of programs and services that reflect the high value placed on providing a quahn- education and supportive - learning environment for students in Kindergarten through 12" grade. The Plan incorporates the joint venture programs that the Contra Costa Counts-Libran, City of Walnut Creek,Acalanes Union High School District, and Walnut Creek School District agreed to develop and operate in order to address the following identified needs: • Homework assistance and tutoring services for K-12 students • More resources to support K-12 school curricula • More workstations with Internet access and software applications, such as sword processing, available for students to use for school assignments - • Instruction for students and their parents on the use of computers and software applications such as \Vord, Excel and PowerPoint, and on the effective use of electronic resources, including the Internet and Libran databases • Programs to prepare preschool and young school-age children to read • Programs and resources to assist English.Language Learners, both students and their parents • Assistance with college and career preparation, including online career and job resources and services, and online college entrance resources and services. • More quality after-school programs, including science-related activities As part of the Hornesvork Help (?Your lthrary®program, the New Downtown Walnut Creek Library N-611 provide curriculum-based resources, homework and tutoring assistance, and educational tools that further the academic endeavors of I{-12 students. There will be 70 computers available for student use in the library, with 26 computers located in a training setting and used to protide homework assistance and training on electronic resources and computer applications. Computer workstations will also be used to offer English as a Second Language classes through the Walnut Creek Reads program and opportunities to explore college and career interests as part of the CollegefCareer Center program. Home schoolers, parents of students, and the general public will - also benefit from these training opportunities. In addition to the technology-based activities incorporated into the Plan of Service, other activities are included to address the needs of students. The emergent Ianguage and literacy needs of preschool and young school-age children are met with a strong prograrr ming schedule that provides a minimum of nvo story times per day. Family literacy events will provide opportunities for parents and children to enjoy a variety of activities that encourage a love of reading and lifelong use of the hbran-. parents and caregivers will also receive training on the importance of reading and earl,• literacy development. The Colleg clCareer Center program swill pro�-ide many opportunities for high school students to attend college and career exploration workshops, College pairs, and presentations on how to apply for college and financial aid. High school students will also be able to participate in science learning activities presented in Civic Park by Lindsay Museum staff and Las Lomas High School science teachers through the Crcic Park Learning Laboratory program. The Libran- twill use the school newspapers and Web sites, including student publications such as The 1'.15: at I_as Lomas and T1;e at i\orthgate High School, to proinote ilforniauon about hbran programs and sen•ices of interest to K-12 students. %VALMC T CREEK New Downto%vn 'Walnut Creek Library 32 Walnut Creel: Library—Plan of Service itiALNL T CREEK New Downtown % alnut Creel: Library 33 F Walnut Creek Library—Plan of Service 7. Jurisdiction-Wide Service Contra Costa Counts. Library- provides library, services to cities, towns and unincorporated communities throughout the County, except for the City of Bichmond, and the Libra-:- wili operate the New Downtown Walnut Creek Library. The goals and objectives of the Zzw Downlowit 11'alnni Crrek Livran, Pian of Sern"e not only' address local conununits• library` service needs, but also complement Contra Costa Count' Library's jurisdiction-vide goals established for fiscal year 2002- _ 2003: Public Services _ • Children and young adults in the community have access to a range of high qualin- services. • Commun.in- members are able to obtain materials and services to pursue d+teir own learning and meet their individual information needs. Collections • Collections meet the variety of educational, recreational and cultural information needs of the community. Human Resources • The library- recruits, hires, trains and retains the most competent personnel available to meet service expectations. • The library provides a high quality- volunteer program that offers meaningful opportunities to sustain and enhance the librar•service program. Public Relations • Communities are well informed about library services and needs. Technology • Technology is utilized to improve and increase public access to library materials and services. • Technology is used to improve staff efficiency to better serve the community. Facilities • Library facilities are inviting, accessible and meet communicy need. In addition to providing a planning framework for local library services, the Contra Costa County Library also offers several jurisdiction-wide set-vices that support and enhance local library services. Administrative Support Services • L ibrao�Advimix1ralion plans, organizes and directs the operation of the Courts- Librax; provides leadership and management in budgetary, personnel, operational and policy,- -natters; and plans for the future of the Cowin- Library- ,vith the Librax. Commission, the regional librat-y boards, and representatives of the cominunities served by the Libran-. • Sb. ,t iq provides ;Monday through Saturday deliver- of libran- resources to all library facilities and receives all resources, furniture and equipi-rent delivered to the librate. C.N CREEK New Downtown Walnut Creek Library 314 } Walnut Creep, Library-- flan of Service • Communiti- Relations manages the Library's volunteer program, provides publicit<• for library programs and services and provides support to Friends of the Library groups. • VolunteerSenices assist branches in recruiting and training volunteers and coordinates the County Library's volunteer recognition activities. Support Services • Automation provides planning and operations for the information technology system as well as the wide area network linking all Library locations. • Technical Senices provides for catalog and database maintenance and processing of library materials. • Collection Management provides for the selection and acquisition of library materials, for fund accounting and for interlibrary loan services. • .Electronic Resources creates and maintains the Library Web page and oversees the selection and acquisition of electronic resources. Borrower Services • Circulation Services allow libran• patrons to use their library card in any County Library outlet and return borrowed materials to any County Library outlet. Youth and Young Adult Services • Contra Costa Reads!has a goal of providing every second grade student in Contra Costa County with a library card and a paperback book. Library staff visit second grade classrooms throughout the County and also encourage parents and teachers of second grade students to bring them to the library for a visit. • The Summer Reading Program encourages school age children to practice their reading skills during the summer and also encourages parents and caregivers to read aloud to preschool and primary grade children. • The Teen Reading Program encourages teens to read for academic success, for personal development and for pleasure. The program is promoted in middle schools and high schools throughout the County. At present, the Contra Costa County Library operates a Central Library located in Pleasant Hill, the geographic center of the County. The Central Library serves as the only library in the City of Pleasant Hill, but also houses the County Library's largest and most in-depth reference and circulating collections, offers a genealogy collection staffed by volunteers, and serves as a partial depository of federal and state documents. On the staff of the Central Library are age-level and subject specialists who provide collection, service and program planning advice to local library staff and conduct staff development activities jurisdiction-wide. Strategic Planning This year, Contra Costa Count. Librax• embarked on a strategic planning process to facilitate the transition from the Count- Libran-'s current set-"ice model of a Central Libran- and 22 branch libraries to a proposed model of 23 peer connmunin• libraries, each responding to the needs of its CREEK New Downtown Walnut Creek Library 35 'Walnut Creek Library— Plan of Service community and collaborating with the other peer libraries to support services to the count population as a whole. A number of countrtyide services wdl be housed and managed centrally, on behalf of the entire jurisdiction, in order to: • Realize economies of scale • Ensure consistency in service standards and deli;vert- techniques • Streamline processing and distribution • Masirnize use of special purpose spaces and equipment • Maximize the counrnyide benefit and impact of advanced staff expertise • 1.lammize access to the counts-library's most costly materials and resources • Allow specialized handling of unique, fragile, or irreplaceable materials Four priorities for Contra Costa County Library services were identified: Reading, General Information, Collaboration, and Special Needs. Reading The Contra Costa County Librars• and its community libraries must actively promote reading; ma,amize the use of libran- collections; and offer programs and activities that encourage reading. General Information Contra Costa County Library and its community libraries must enable the completion of more general information transactions at the first point of contact; provide libran' patrons with self-help options and tools, with the objective of reaching an 80/20 ratio of self-service to mediated transactions; and coordinate the provision of information with other local information sources such as community agencies, bookstores, and local media. Collaboration Contra Costa County Library and its community libraries will collaborate with 'local agencies and organizations to avoid duplication of services within each community. The staff of peer libraries, in conjunction with County Libran• administrative and support staff, swill collaborate with each other to ensure consistent qualm- in library services and programs countywide. Collaboration may include pilot programs, tool kits based on successful programs and services, and count'nVide training. Special Needs Communin- libraries will identify and target the priority special needs within that community. Staff of peer communist• libraries will employ a collaborative model to ensure consistent quality is: the provision of special needs ubrart• sen-ices. The Nett Downtown WaLnut Creek Libran- will be one of 23 peer libraries in cies service model and County Libran- staff developed the Neu, D ou utou,-n It%alma Creek libraq, in this contest. The Plan of Semite ackno%vledges the service imperatives.of the proposed service model by responding to needs of residents, by respecuns me unique character of the community of',X inut Creek and by iev eraging existing assets and resources to meet current needs and plan for fumre needs. WALNU I CREEK New ew Downtown « ali:u? Creek Library Jb i Walnut Creek Library— Plan of Service CREEK Nev.- Downtov.-n Walnut Creek Library 37 'N'alnut Creek Library— Plan of Service 8. Technology The Contra Costa Counts- Libran• makes use of technology to improve and increase public access to library materials and services, to more effectively meet corrinnunity hibrary service needs, and to improve staff efficiency and proficiency. A centralized Automation Sen ices unit provides planning and operations for information technology systems, including a wide area network linking all Library locations, It is the policy of the Contra Costa County Library to provide similar configurations of hardware and other equipment jurisdiction-wide. This service policy allows the County Library to: • Swap out equipment needing repair for others in good working order, ensuring drat the highest levels of public access are maintained • .accommodate the need for remote troubleshooting, which is vital %when ser-ing a library service area that spans 750 square miles • Develop and replicate successful models for training staff and the public in new technology, which is essential when serving a population of 893,500 The .Plan of Service for the New Downtown Walnut Creek Library integrates appropriate electronic technologies in response to a variety- of service needs identified in the community library needs assessment. For some patrons, Libran• computers with Internet access are their only gateway to the World Wide Web and the wealth of information that exists in cyberspace. By simply providing adequate numbers of these computers, the New Downtown Walnut Creek Library- will be meeting a fundamental need for equity of access to technology. The New Downtown Walnut Creek Library will offer a total of 70 computers for public use, including 16 available in the Technology and Training Center and 10 in the Computer and Homework Center. These Centers will provide permanently established spaces for open lab computer use, and for training on the use of the Libran.*s online catalog and databases, Internet searching, and various software applications. In addition, the Nfuld-Purpose Room will be wired for videoconferencing, - distance education, and computer training, with 20 laptops secured in a mobile portable charging station available for that purpose. A 12-seat Conference Room gill have wireless data transmission, audiovisual equipment, and teleconferencing equipment available and can be used for meetings, trainings, demonstrations, and multimedia viewing. Two study rooms will have wireless data transmission and audiovisual equipment available to allow their use as small group meeting rooms, natoring spaces, or multimedia vie%ving rooms. Manv 1111 the Walnut Creek community expressed the need for classes un new technologies and electronic resources. Student, parents and teachers aL requested training of', the effective use of computers, electronic resources and computer applications. Small business owners need training on the use of online business resources :and 'High school students need training on colleze and career exploration using electronic resources. Walnut Creek's active senior population expressed a strong desire for classes to develop their computer, e-mail and Web browsing _kills, and also Wyant training on use of online databases to research investments and health topics. Technology-based English as a Second Language classes are needed for both children and adults ;�x-ho are Engi_h Language Learners. Libran• staff and partners will fully utilize the Technology and Training enter, T11e 01 %V'iL\U7 CPEEK New Downtown,. Walnut Creek Library 38 • i Walnut Creek Library Plan of Service Computer and Home«°ork Center, the Conference Room, and the 'Multi-purpose Room to offer such training. New technologies yill also play an important role in the Wired Libran• Plaza adjacent to the site of the new Library' building. The Wired Library Plaza, providing wireless technology for portable electronic devices outdoors, will transform the plaza into usable outdoor space for Library programs and services, and complements resources provided by the Technology and Training Center inside the Library.The Wired Library Plaza provides an enhanced communit-, gathering place; a "hot-spot" linked to the Library, and an enhancement to Civic Park as envisioned by the community. Assistive technologies will be implemented to provide services to residents with special needs. Specialized sofrware programs such as Read &Write and ScreenSpeaker,will be used to improve the reading skills of low-achieving students and English Language Learners. Assistive technology devices such as the Kurtzwe l 3000, and software like text-to-speech synthesizers will be especiaUv useful to persons with vision disorders and dyslexia. Technology will allow the New Downtown Walnut Creek Library to provide services and information beyond its physical building, staff and collections. A large number of electronic resources will be offered in Walnut Creek. These include: The Contra Costa County Library Horne Page The .Home Page provides convenient access to library services over the Internet for people who need information and services to come to them. Both English and Spanish-language versions are available. Local Needs addressed: With the Home Page, the County Library extends access to library services 24 hours a day, 7 days a week and provides self-service options for the public. The Home Page also provides links to curriculum-related Web sites for K-12 students, offers online Internet tutorials to aid computer literacy, and brings library services directly to students, businesses, and the homebound. The Spanish-language version will serve the 2,678 residents of Walnut Creek that speak Spanish. The Online Public Access Catalog In addition to providing in-library and remote access to the collections of Contra Costa County Library's 23 outlets, the Library's Web-based online public access catalog provides access to 4,021 e- books. It also offers YocrSeeVore, a dynamic interactive portal that allo\t•s users to create a personal Web page on the Libran•'s Web site with streaming media, resources, and information based on their individual preferences. Local Needs addressed: The online catalog extends access to hbran• resources and services beyond tl-ie tivaIls of the Libyan. 1: s Catalog 11"els (KC II7eb) is an easy-to-use and engaging graphical interface to the children's collection;. It offers over 11,000 pre-selected, age-appropriare and content-specific links to the World Wide l:'eb. The content of the Itrdr Catcrloo [Feb is customizable to build curriculum pathfinders, booklisrs and links to selected �Veb pages and will support school curriculums and the Homework-Help g jour librartO Program. CREEK New Downtown Walnut Creek Library 39 Walnut Creel: Library— Pian of Service Customized Surveys Contra Costa County Library is a zero Member of Zoomerang, created by MarketTools. Zoomerang membership allows the Count Library to conduct user and non-user sun-eys, to get prompt responses to questions and to analyze data in real time. The Libran-can quickly create and customize surveys on topics such as customer satisfaction, event planning, new services testing and much more. Results are captured and presented in a graphicalh> rich format and are accessible from any Web browser. Local Needs addressed: This resource will assist the Walnut Creek Libran- staff and the Cin- of Walnut Creek to evaluate the effectiveness of the Plan of Service and make appropriate revisions in order to meet changing communin• needs. Databases Contra Costa County Library provides access to the following electronic databases: Associations Biography Resource Center Business and Company Resource Center Custom Newspapers General Reference Center Gold Health and Wellness Resource Center jnforme! InfoTrac OneFile Fids InfoBits Learni.ngExpressI-ibrary Literature Resource Center Live Homework Help NlarciveWeb I`IergentOnline netLibran- Newsbank NoveList Opposing Viewpoints Resource Center ParcelQuest PROINIT Standard and Poor's STAT-LSA SYB%Vorld Student Resource Center Gold \Vhat Do I Read Next% WALNUT CREEK New Downto«vn Walnut Creek Library A0 _...................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................... Walnut Creek Library— Plan ci Service rrrir�r Local Needs addressed: There is community' consensus that the Netv Downtown V,alnut Creel; Library must provide students, their parents and their teachers with the information resources essential for elementan- and secondary school students to successfully complete assignments and fulfill their academic goals. When the new Libran• opens, 10 workstations in the Computer and Homework Center and 16 workstations in the Technology and Training Center will be available to students for access to the Libran's electronic resources. Library staff, teachers, and trained volunteers «•ill be available to provide assistance and training in the use of curriculum-related databases. Business databases, combined with the expanded services, programs, and print collections possible in a new, larger and more technologically= up-to-date New Downtown Walnut Creek Library, will greatly enhance and expand access to critical information for the business community. Databases that provide health and investment information twill be used by the large population of seniors in Walnut Creek, and Inforrme, a collection of full-text articles in Spanish, will serve the Spanish-speaking members of the community-. WALNI CREEK t' NewDov,-ntown Walnut Creek Library 41 Walnut Creek Library— Plan of Service Technology and the Needs of. -12 Students During the com iunin- libran• needs assessment process, mangy• residents identified the pressing need for a program to assist elementary through high school students with homework after school. They spoke about the difficulty Walnut Creek students have in meeting their academic goals due to the inadequacy of both the current public library facihn and the school libraries. Focus group sessions with parents, teachers and students, and key informant interviews with school district staff identified specific libran. service needs for students: ■ Homework assistance and tutoring _after school access to school materials like textbooks -' ■ Greater access to technology tools and services ■ Instruction in the use of technology tools and resources to complete school assignments The joint venture projects planned by the Contra Costa Counn- Library, Walnut Creek School District, Acalanes Union High School District, and Cin- of Walnut Creek for the New Downtown Walnut Creek Library use technology- to address the needs of all K-12 students. The services to be offered in the Computer and Homework Center and tine Technology and Training Center as envisioned in the joint venture projects will rely heavily on technology and electronic resources. The Computer and Homework Center will provide 10 computer workstadons, and the Technology and Training Center will provide 16 workstations to serve the technology training needs of students, their parents and their teachers. Trainings will be offered twice each week on the effective use of computers, electronic resources and computer applications, such as `Nord, Excel and PowerPoint. Technology--based English as a Second Language classes will be offered weekly for students who are English Language Learners and their parents. Workshops on using the Internet for exploring colleges will be offered four times each year to high school students. When not in use for technology training, the workstations in the Technology and Trail g Center and in the Computer and Homework Center will provide ongoing access to the Internet, online databases, and computer applications like Word, Excel and PowerPoint. Students of all ages «•ill benefit from these services. Access to the Contra Costa County Libran• online public access catalog, the Internet and a range of electronic resources and services will direcdl- address identified needs of elementan- and secondan- school students. Elementan• school students will have access to Libran• collections through Kids Crtalog ll`eU and access to the curriculum-related content of I� llii/©�IIJ`, a full-test database for K-S students. Middle school and lugh school studen s %-,!]I have :recess to a number of databases useful for school assignments: BioSrapky Resow-i-e Center. Ir/O—Trac Ona'--11e. L,*ei.rtun, Reswine Center, Opto_iq [ Resoun-e Cewer, Student 1V.a L�L' CREEKi New Downtown Walnut Creep Library J. _ _ _ _ __ Walnut Creek Library M- Plan of Service piesoun-e Center-Go,`l and SYBVorld. High school students will have access to practice tests through that will allow them to prepare for academic entrance exams. All students will benefit from access to Live Homework Hep, an online tutoring service, which augment the assistance provided by volunteer tutors in the Computer and Homework Center. Tutors with Live Homework HeO provide instruction in English, math, science and social studies for students in grades four through twelve. Tutoring is also available at the advanced placement level and in Spanish. Students will also have access to skilled reference librarians through Ask-Now, an online reference service available 24 hours a day-, 7 dans a week. AAk o, is designed to answer brief, factual questions or to suggest sources of information on desired topics. It utilizes state-of-the-art interactive software to guide the library visitor through an information search, displaying Web pages and sending documents from library databases. The Library~ will also incorporate multimedia authoring tools and videoconferencing to provide the training and instruction, which students, their parents and teachers have requested. Count-Library staff will employ multimedia authoring tools to integrate graphics, text, music, video and animation for interactive demonstrations, step-by-step simulations of library services, software tutorials and online help files that will be accessible in the New Downtown- Walnut Creek Library,. `videoconferencing will be used to bring remote, interactive workshops to the Technology and Training Center, the Computer and Homework Center and the Multi-purpose Room. By integrating new technology to provide expanded resources and services, the Technology and Training Center will also serve the needs of the general public. The Center can be used to provide instruction for parents on assisting their children in making effective use of the Internet, online resources and services for academic success; provide students with disabilities and their parents with a -variety of assistive technology; and assist students and their parents with the process of identifying and applying to colleges and/or vocational training programs. The Multi-purpose Room will also serve as a location for co-sponsored technology-seminars, career workshops, and e-learning opportunities. CREEK New Downtovvii Walnut Creek Library 43 mw.Mrr�rrira.M cru�r`.w�rr��Mrrw�r•i�r��ir+irrrrrr IA'alnut Creek Library— Plan of Service Future Technology Resources and Services The Contra Costa County Library plans for future technological resources and services based on the needs of the individual communities as well as the needs of the jurisdiction. The Nev.- Do%vntoywn Walnut Creek Library will integrate technology into its future Plans of Senii'( to enhance access to Library resources and services, and to improve the efficiency of library operations that support delivery of resources and services. A number of new technologies are being investigated which will enhance the Libran-'s abihry to meet community needs. Audible for Libraries: Audible for Libraries provides digital audio books online for library - users. This sere-ice will allow the County Library to significantly expand the selection of audio versions of popular books available in individual branch libraries and to the commuters of Walnut Creek as well as present unique programming opportunities for seniors, visually impaired persons, and persons with other disabilities who would benefit from audio sources of materials. Tar eg r date: Testing underway Digital Materials Flow Management: With the use of a digital identification system, the Library will optimize the handling, processing and security- of library materials as they move in and out of the Library. Benefits beyond those offered by the current self-check system used by the Library include: scanners that multi-task by reading shelves to verify or update inventory- status and collect data; real time customer check-in with instant patron receipt and automatic resensitizing; and customizable sorting by location or status. The use of a digital identification system «7l1 alleviate the increased volume of circulation in the New Downtown Walnut Creek Library, and provide patrons with improved access to materials and a more efficient service response. Target date: Opening day, New Downtown Walnut Creek Library Hand-held Electronic Devices: The Library is srudying the integration of hand-held devices for circulation of library- materials and for use by patrons to access the online catalog. Such devices %vill increase self-sen-ice options for library- users, particulariv the visually impaired. Target date: FY2004 j?005 CREEK K Neyv Downtown Wall nu Creel: Library `+4 ............................................................................................................................................................................................................................................................................................................................ Walnut Creep Library—Plan of Senfice Instant 'Messaging: The Library is considering the use of instant messaging for reference services to facilitate information deliver;' through LotusNotes. This online service addresses the need libran- users expressed for immediate access to well-trained staff. Target date: '2004/2005 Roving Reference Service: Badges that serve as a communication tool between staff will allow for efficient,point-of-need service to library patrons. Target date: Opening Day, Neuv Downtown Walnut Creek Library "Videoconferencing and Video Production Systems: These systems will be used in the New Downtown Walnut Creek Library to bring remote, interactive workshops to the Libra-n- and its users and will also be used to record and disseminate library programs and community events. Videoconferencing will enhance the Librarl-'s ability to provide support to local business and encourage lifelong learning for adults and seniors. These systems also support the Library's role as a community-gathering place. Tar et date: Opening Day, New Downtown Walnut Creek Library z ,�RE'E.: Ne,,v Downtown Walnut Creek Library 45 NValnut Creel: Library— Flan of Service Executive Sumrrmaryfor Technolggv The Contra Costa County Library makes use of technology to improve and increase public access to ; bran• materials and services, to more effectively meet community library service needs, and to improve staff efficiency and proficiency. The Contra Costa County Libran- uses technology- to support its sen•ice philosophy-of empowering users and the Nc,,v Downtown %Valnut Creek Library P,an o1 Sens.: also supports that philosophy by integrating appropriate technologies in response to a varier*of identified service needs. The Ne-,v Downtown %Valnut Creek Library offers a total of 70 computers for public use, including 16 available in the Technology and Training Center and 10 in the Computer and Homework Center. These Centers will provide permanently established spaces for open lab computer use, and for training on use of the Library's online catalog and databases, searching the Internet, and various software applications. The Multi-Purpose Doom will be wired for videoconferencing, distance education, and computer training, with 20 laptops secured in a mobile portable charging station for that purpose. A wired, outdoor "plaza feature" adjacent to the site of the Library building will provide wireless technology for portable electronic devices outdoors and will transform the plaza into usable outdoor space for Library programs and services. The plaza will provide the community with a high-tech gathering place, a "hot-spot" linked to the Libran- and an enhancement to Civic Park as envisioned by the community. Technology will allow the New Downtown Walnut Creek Library to provide services and information beyond its physical building, staff and collections. Access to over 4,000 e-books and to online databases such as General RTerence Center Gold, Health and €1 ellness Re our e Center, and AfergentOnline respond to community need for more in-dept, collections. Business databases, combined frith expanded print collections, gilt greatly improve access to critical information for the \Valnut Creek business community. Databases that provide health or investment information -rill be used by the large population of seniors in Walnut Creek, and Irfornie, a collection of full-text articles in Spanish, will serve the Spanish-speaking members of the community. Avid fiction readers and book discussion groups will benefit from access to online readers' advisory tools such as Ii% t Walnut Creek Library— Plan of Service 1C nen not in use for technologt• training, the workstations in the Technology and Training Center and in the Computer and Homework Center will provide ongoing access to the Contra Costa County Libran•online catalog and online databases, the Internet, online databases, and computer applications like \Vord, Excel and PowerPoint. This range of electronic resources and services %vill directly address identified needs of K-try students. Elementan, school students %%ill have access to Librax• collections through lu`dr Catalog lVeb and access to the curriculum-related content of 1 tdrin/oBits, a full-text database for K-5 students. Mddle school and high school students ,ill have access to a number of databases useful for school assignments. Bioraph}'Resource Center. InjoTrar C}neFile, Literature Resoz(r e Center, Onoosing 1,"iezzpoints Resource Center, Strident Resource Center-Gold, and SIT 11 orld. High school students will also have access to practice tests through LeamihSE pressLibra!)• that «ill allow them to prepare for academic entrance exams. All students gill benefit from access to Livr Homework Hr,�, an online tutoring service, which pro-tides instrucdon in English, math, science and social studies for students in grades four through twelve. Students will also have access to skilled reference librarians through ,4skN-ow, an online reference service available 24 hours a dav, 7 dans a week. Library staff gill assist students in snaking use of these resources, as %till teachers and well-trained volunteers. Instruction in how to access and use these resources will vastly increase the information available to students in Walnut Creek and twill improve the likelihood of their academic success. The Contra Costa County L.ibraty plans for future technological resources and services based on the needs of the individual communities as well as the needs of the jurisdiction. The New Downtown XValnut Creek Ubran, gill integrate technology into its future .Plans of Service to enhance access to library resources and services, and to improve the efficiency of library operations that support delivery of resources and services. A number of technologies are being investigated which will enhance the New Downtown Walnut Creek Ubrary's ability to meet community needs, including Digital Materials flow Management,roving reference and videoconferencing. W'ALM:T CRE ,< New Downtown Walnut Creek Library 47 4-4 Q oxo 4� (U vj S 05 M 4� 42 m bo CIS tl 4, b� (:) u 10 4-4 0 4(o. 40. L) = 0> 4) B 4� 9 to C14 0 4-4 0 Cl. 0 C-P4) 9 t:� 0 4u — u U 4-� U Q 4-A 4- 10) 8 r. 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Page 1 of 3 Ida Shunk From: "Randy Vannalsen"<randy buskegroup,com> To: "Sue Buske"<sue c@7r buskegroup,corn> Sent: Wednesday,January 28, 2004 11:01 AM Subject: Fri: Diablo Video Arts Statement on PEG in Contra Costa County ----- Original Message-_--- From: Robert Rothgery To:ACMWe tPublicF'r�€ice ahpoorouDs.com Cc:ACM-West cr yahooerogps.com Sent:Wednesday, January 28, 2004 7:27 AM Subject: (ACM-West] Diablo Video Arts Statement on PEG in Contra Costa County January 28,2004 Contra.Costa Cable Consortium CIO The Ruske group i Cable Workshop I am writing on behalf of Diablo Video Arts to present a serious concern about cable services in Contra Costa County. I urge the negotiators to seek every possible provision possible to save our cities money and provide a regional television presence. I want to urge the Contra Costa Cable Consortium to ensure in new franchise agreements that Comcast provide remuneration similar to that which they have provided elsewhere, This includes provisions for metro area networks, a specific amount of bandwidth sufficient for current and future needs, and a community media infrastructure as well as the agreed upon franchise fee. Four years ago members of Diablo Video Arts, the Contra Costa Education Television Consortium;and others became part of the original Cable Task Force and subsequently participated in the Community Needs Study prepared by the Buske Croup. Our members visited their respective city councils for comment and hearings. Though our organization is small in number and our voices reasoned in tone, we were the"someone"who spoke up for community access television. Since then DVA members have continued an immersion into the prospect of a community media center and believe we offer a reasonable model that meets city requirements and provides an excellent community service. Public Access Television has not fared well in Contra Costa County. Stories abound about the poor treatment accorded public access videomakers by the various cable providers in the last 20 years. Many people have stepped forward to create programs but were soon frustrated and quit a time intensive process—empty handed. .Empty handed also are the residents of Contra Costa County when it comes to a media presence. With mass communications consolidating into fewer and fewer outlets the result is less and less localism. - Like it or not we live in a time where having oneself or one's community on television connotes success and prestige. So,there will be no rescue from invisibility unless it is one we mount ourselves. To that end many models for community media have been examined as well as significant trends in digital media technology, and the PEG infrastructure now in place. Each effective model examined had 06/02/2004 Page 2 of 3 as it's core a non-profit organization. This organization would manage a system of services ranging from studio and location operations to the scheduling and operation of all PEG channels. It is important to recognize that Contra Costa Television is a County organization with an.established organizational structure. Contra Costa Television could well provide many of the technical services necessary to operate all PEC channels. Also important to recognize is the need to separate channels according to the natures of PEG. For example Contra Costa Television has limits set by statute that prohibit advocacy, so public access can't appear there. Educators are concerned about extending their policies to cable and are unwilling to share a channel with a public access constituency. DVA Members recommend negotiations for, at least, four Contra Costa Coup wide, analog, (analog bandwidth convertible to digital tier),channel sources, CCTV, Government, Education and Public access in the negotiations. Success here in negotiation can result in more digital channels in the bandwidth space of one analog channel. This will permit future uses of local televison that are now just in the embryonic stage. One constant of success in community media as exhibited by many media centers through the United States is a linkage with the educational community. Here in Contra Costa County are numerous places where television production and related arts are taught. Most of these organizations are part of the Contra Costa Education Television Consortium, a user organization hosted by CSUH-Contra Costa. Quality technology education related to community media would result in many capable people joining the ranks of community journalists, artists, advocates and even hobbyists. Diablo Video Arts seeks provisions that reward school districts and educational organizations for providing community media education. This would include equipment grants for courses in community media. Funding for those capital expenses should be included in a larger request for funding. The DVA recommendation for a community media center is based on the realities of PEG negotiations as well as technological trends in consumer use. Because of the way people make videos with today's equipment,the centralized studio complex with every activity under one roof is no longer necessary if even possible. The money paid for PEG would be better spent providing specialty television services such as portable I-NET connections at predetermined sites throughout the county.This would permit live community programming from any of these fibered sites. There are physical space needs for archives,offices, meeting area for groups of 50 and space for a small studio. (flash studio) Editors who need a place to work will need a place with"practice rooms."These areas would be equipped with work stations Equipment needs and management are important to the success of community media. Surely many people have near broadcast quality camcorders and maybe a computer with video editing software. Fewer,however have the large hard drives holding hours of video. These items and other items too expensive for many people should be inventoried and managed to the benefit of as many people as possible. Other related systems would include digital playback and server storage of video archives, equipment necessary to program multiple digital channels when the technology becomes available. Beyond minimal space and equipment needs are the organizational needs necessary to grow a vibrant 06/02/2004 Page 3 of 3 and valuable community organization. Public Access is going to need a jumpstart. That can come from schools but the process that results in programs on television has to be generated early. To that end Diablo Video Arts recommends that the Contra Cost Cable Consortium member cities establish a Board of Conveners to help create a community media organization serving all of Contra Costa County. The Buske Group has a plan to do this. In summary.Diablo Video Arts members have waited over a decade for an opportunity to make community television in a Friendly environment where their work is valued and every enticement is present to grow community TV. We believe that PBG should be Funded fully by the cable provider as part of the franchise agreement. We also have seen the historic poor PBG performance by cable providers and wish it removed from their control. DVA desires a Non Profit, County wide independent Public Access Channel organization to manage the channel. This organization would be locally based and representative of the diversity of Contra Costa County. Respectfully submitted Robert Rothgery, Board Member(Public Policy), Diablo Video Arts, Inc.. 06102/2004