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HomeMy WebLinkAboutMINUTES - 07121994 - H.6 R�0 TO: BOARD OF SUPERVISORS 5----L. Contra FROM: Phil Batchelor, County Administrator Costa •,. X. Z June 29 1994 DATE: � f�srd-cuii . c. County SUBJECT: RENEWAL OF SIX CABLE COMPANIES' LICENSES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT the License Award Resolutions to renew the following six cable companies' licenses for unincorporated Contra Costa County for a period not to exceed ten years: Bay Cablevision (Richmond), Century Cable (Kensington), Concord TV Cable (Concord), TCI Cablevision of Contra Costa County (Clyde), TCI Cablevision of Walnut Creek (Walnut Creek) and Viacom Cable (Bay Point and San Ramon). FINANCIAL IMPACT: Renewal of these six cable companies' licenses provide revenue of approximately $320,000 a year from payment of license fees, which are five percent of the cable company's gross receipts. BACKGROUND: Bay Cablevision (Richmond), Century Cable (Kensington), Concord TV Cable (Concord), TCI Cablevision of Contra Costa County (Clyde), TCI Cablevision of Walnut Creek (Walnut Creek) and Viacom Cable (Bay Point and San Ramon) all have existing cable television licenses currently in force in the unincorporated areas of Contra Costa County. These companies have applied for renewal of their licenses. Pending adoption of the County Cable Television Ordinance No. 93-55 and final review of the renewal applications, the licenses were extended by the Board of Supervisors through July 31, 1994. CONTINUED ON ATTACHMENT: X YES SIGNATURE: pakze4�, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): / ACTION OF BOARD ON / 9 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS �( I HEREBY CERTIFY THAT THIS IS A TRUE ' \UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED )- Contact: Patricia Burke PHIL ATCH LOR,CLERK OF THE BOARD OF cc., CAO SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Cable Companies' (via: CAO) n BY�S • (24, Y w DEPUTY Applications have been reviewed by staff for conformance with Ordinance No. 93-55. The Auditor's Office reviewed the cable companies' regional financial statements and indicated that the County should not have significant concerns about their financial stability. Hammett & Edison, the technical engineers retained by the County, reviewed one test point for each system required to submit FCC technical standards tests and found all systems in compliance at this time. All applicants have been generally responsive to customer complaints and have proposed systems to meet future cable-related needs of their communities, taking into account the cost of meeting such needs and interests. All applicants, except Viacom, have activated the interconnected microwave channel. An amendment to the "Agreement for the Delivery of Access Programming in Contra Costa County" that sets forth the revised arrangement between the County and Viacom for activation of the interconnected channel will be drafted and included as a condition of Viacom's renewal. It will include a statement of Viacom's intent to activate the channel by October 1, 1994 or sooner if possible, to assume all costs to activate the channel over those available in the interconnect fund, to assist in the promotion of the channel and to continue to air programming Monday nights from 7 p.m. until 9 p.m. on their systems at their cost until activation of the channel. This hearing was set in accordance with 47 USC Section 546(h) of the Cable Television Consumer Protection and Competition Act of 1992 to renew the licenses for all six cable systems. (License Award Resolutions attached.) Cable basic service rates will be reviewed for most cable systems in the next few months. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/363 Television License to (C.C.C. Ord. C. 58-2 .002ff LenComm, Inc. dba Bay [Ord. No. 93-55] and Cablevision Govt. C. 53066) The Board of Supervisors of Contra Costa County RESOLVES that: 1. License and Area. There is hereby granted to LenComm, Inc. doing business as Bay Cablevision a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated January 6, 1994 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 .002, 58-4.006 and 58-4 .018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 93-55 . (Section 58- 4 . 010) 3 . Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee's gross annual receipts. The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1. (Section 58-6.002) 4 . Bonds . A performance bond in the initial principal amount of $25,000 shall be filed by the grantee. At least thirty (30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15,000. (Sections 58-6.004, 58-6.006 and 58-10-008) 5. Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two-way communication capability of the cable system. (Section 58-12 . 006) 6 . PEG Channels and Facilities . The grantee previously executed an Agreement for the Delivery of Access Programming in Contra Costa County ( "Access Agreement" ) dated July 20, 1993. As a result of technological and regulatory changes, certain provisions of the Access Agreement must be modified to accommodate these changes . The grantee's application for renewal is approved on the condition that, before the renewal shall become effective, the grantee shall enter into an amendment to the Access Agreement on terms acceptable to the County. (Sections 58-12 .008 and 58-12 .010) 7 . Effective Date and Acceptance. The license granted herein shall become effective when the grantee has filed in a timely manner its written acceptance of this license and its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and delivers to the Clerk of the Board of Supervisors the bond and insurance policies required to be furnished. (Sections 58-4 .012, 58-4.014, 58-6 .004 and 58-6 .008) cc: CAO Cable TV Administrator I hereby certify that this is a true and correct copy of Bay Cablevision an action taken and entered on the minutes of the Board Of Supervisors on the date shown. RESOLUTION NO. 94/363 ATTESTED: �_,,1 . 1 2. 19 9:1 PHIL SMCHEWA,Cleri of the Board of Supervisors and County Administrator By A Q..� fi--) ,Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/364 Television License to (C.C.C. Ord. C. 58-2 . 002ff Century Cable of [Ord. No. 93-55] and Northern California Govt. C. 53066) The Board of Supervisors of Contra Costa County RESOLVES that: 1. License and Area. There is hereby granted to Century Cable of Northern California a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated March 28, 1994 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 . 002, 58-4 . 006 and 58-4 . 018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 93-55. (Section 58- 4 . 010) 3 . Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee's gross annual receipts . The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1 . (Section 58-6 . 002) 4 . Bonds . A performance bond in the initial principal amount of $25,000 shall be filed by the grantee. At least thirty (30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15,000 . (Sections 58-6 . 004, 58-6 . 006 and 58-10. 008) 5 . Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two-way communication capability of the cable system. (Section 58-12 . 006 ) 6 . PEG Channels and Facilities. The grantee previously executed an Agreement for the Delivery of Access Programming in Contra Costa County ( "Access Agreement" ) dated July 20, 1993 . As a result of technological and regulatory changes, certain provisions of the Access Agreement must be modified to accommodate these changes . The grantee's application for renewal is approved on the condition that, before the renewal shall become effective, the grantee shall enter into an amendment to the Access Agreement on terms acceptable to the County. (Sections 58-12 . 008 and 58-12 .010) 7 . Effective Date and Acceptance. The license granted herein shall become effective when the grantee has filed in a timely manner its written acceptance of this license and its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and delivers to the Clerk of the Board of Supervisors the bond and insurance policies required to be furnished. (Sections 58-4 . 012, 58-4 . 014, 58-6 . 004 and 58-6 . 008) cc: CAO Cable TV Administrator i hereby certify that this is a true and correct copy of Century Cable an action taken and entered on the minutes of the Board of Supervi rs on the date shown. ATTESTED: RESOLUTION NO. 94136-4 PHIL BA HE Clerk of the Board of Superviso rs and County Administrator '�" " ��-�" -�,Deputv THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/365 Television License to (C.C.C. Ord. C. 58-2 .002ff Chronicle Publishing Company [Ord. No. 93-55] and dba Concord TV Cable Govt. C. 53066) The Board of Supervisors of Contra Costa County RESOLVES that: 1 . License and Area. There is hereby granted to Chronicle Publishing Company doing business as Concord TV Cable a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated November 2, 1993 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 . 002, 58-4 .006 and 58-4 .018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 931-55. (Section 58- 4 .010) 3 . Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee's gross annual receipts . The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1 . (Section 58-6 .002) 4 . Bonds. A performance bond in the initial principal amount of $25,000 shall be filed by the grantee. At least thirty (30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15.,000 . (Sections 58-6 .004, 58-6 .006 and 58-10.008) 5 . Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two-way communication capability of the cable system. (Section 58-12 . 006) 6 . Effective Date and Acceptance. The license granted herein shall become effective when the grantee has filed in a timely manner its written acceptance of this license and its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and delivers to the Clerk of the Board of Supervisors the bond and insurance policies required to be furnished. (Sections 58-4 .012, 58-4 .014, 58-6 .004 and 58-6 .008) 1 hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. o . ATTESTED: PHIL BATcTE—LoR5 Clerk the Board of Supervisors and County Administrator BV o Q �� Deputy cc: CAO Cable TV Administrator Concord TV Cable RESOLUTION NO. 94/365 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/ 366 Television License to (C.C.C. Ord. C. 58-2 . 002ff Televents, Inc. dba [Ord. No. 93-55] and TCI Cablevision of Govt. C. 53066 ) Contra Costa County The Board of Supervisors of Contra Costa County RESOLVES that: 1 . License and Area. There is hereby granted to Televents, Inc. doing business as TCI Cablevision of Contra Costa County a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated October 29, 1993 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 . 002, 58-4 .006 and 58-4 .018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 93-55 . (Section 58- 4 . 010) 3 . Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee's gross annual receipts . The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1 . (Section 58-6 . 002) 4 . Bonds . A performance bond or acceptable corporate surety in the initial principal amount of $25,000 shall be filed by the grantee. At least thirty (30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15,000. The grantee has previously filed a maintenance bond in the amount of $25,000 (Bond No. KO 34 72 53 A) and a construction bond in the amount of $15,000 (Bond No. BLZ 1773995) in connection with the County's grant to the grantee of a license in another area of Central Contra Costa County (Resolution No. 82/1376) . The grantee may comply with this requirement by causing those bonds to be amended to cover this additional grant of license and to correct the name of the Principal . (Sections 58-6 . 004, 58-6 . 006 and 58-10 . 008) 5 . . Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two-way communication capability of the cable system. (Section 58-12 .006) 6 . Effective Date and Acceptance. The license granted herein shall become effective when the grantee has filed in a timely manner its written acceptance of this license and 'its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and delivers to the Clerk of the 'Board of Supervisors the bond or acceptable corporate surety and insurance policies required to be furnished. (Sections 58-4 .012, 58-4 .014, 58-6 . 004 and 58-6 . 008) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. cc: CAO Cable TV Administrator ATTESTED: TCI Cablevision of Contra Costa County PHIL BA*HELO,ClerV of the Board of Supervisors an County Administrator RESOLUTION NO. 94/ 368y �� `'��° ,Deputv THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/367 Television License to (C.C.C. Ord. C. 58-2 .002ff UACC Midwest, Inc. dba [Ord. No. 93-55] and TCI Cablevision of Govt. C. 53066) Walnut Creek The Board of Supervisors of Contra Costa County RESOLVES that: 1 . License and Area. There is hereby granted to UACC Midwest, Inc. doing business as TCI Cablevision of Walnut Creek a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated October 29, 1993 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 . 002, 58-4 . 006 and 58-4 .018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 93-55 . (Section 58- 4 .010) 3. Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee's gross annual receipts . The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1 . (Section 58-6 .002) 4 . Bonds . A performance bond or acceptable corporate surety in the initial principal amount of $25,000 shall be filed by the grantee. At least thirty (30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15,000. (Sections 58-6 .004, 58-6 . 006 and 58-_10 . 008) 5. Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two-way communication capability of the cable system. (Section 58-12 . 006) 6 . Effective Date and Acceptance. The license granted herein shall become effective when the grantee has filed in a timely manner its written acceptance of this license and its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and delivers to the Clerk of the Board of Supervisors the bond or acceptable corporate surety and insurance policies required to be furnished. (Sections 58-4 . 012, 58-4 . 014, 58-6 . 004 and 58-6 . 008) 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: I 19 014- PHIL BATCAELOFLbierk of t e Board of Supervisors and county Administrator cc: CAO Cable TV Administrator By A d .Q�,.- ,Deputy TCI Cablevision of Walnut Creek RESOLUTION NO. 94/ 367 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Granting a Cable RESOLUTION NO. 94/368 Television License to (C.C.C. Ord. C. 58-2 . 002ff Tele-Vue Systems, Inc. [Ord. No. 93-55] and dba Viacom Cable Govt. C. 53066) The Board of Supervisors of Contra Costa County RESOLVES that: 1. License and Area. There is hereby granted to Tele-Vue Systems, Inc. doing business as Viacom Cable a nonexclusive license pursuant to Contra Costa County Ordinance No. 93-55 to establish, construct, operate and maintain a cable system within the unincorporated areas described and delineated on the map filed with the application dated November 15, 1993 for this license, which application constitutes and forms part of this license as granted. (Sections 58-4 .002, 58-4 . 006 and 58-4 . 018) 2 . Term. This license is granted for a term of ten ( 10) years following the date of acceptance hereof by grantee subject to all terms and conditions of Ordinance No. 93-55 . (Section 58-4 . 010) 3 . Fee. The initial license fee for this nonexclusive license is five percent (5%) of the grantee' s gross annual receipts . The license fee shall be payable semi-annually within sixty (60) days of each January 1 and July 1 . (Section 58-6 . 002) 4 . Bonds . A performance bond in the initial principal amount of $25, 000 shall be filed by the grantee. At least thirty ( 30) days prior to the commencement of major construction, the grantee shall file a construction plan and a construction bond in the amount of $15,000 . (Sections 58-6 .004, 58-6 . 006 and 58-10 . 008) 5 . Required Channel Capacity. During the license term, the County reserves the right to require the grantee to negotiate a mutually acceptable agreement with the County to make operational the data/video return or two- way communication capability of the cable system. (Section 58-12 . 006) 6 . Expansion of License Area. As a part of its renewal application, the grantee has applied for an expansion of its license area to include certain areas not included within the grantee' s existing license area. The grantee presently maintains a business office in Livermore, California, which location does not comply with the requirements of Section 58-14 . 006 . The requested expansion of license area is approved on the condition that the grantee shall comply fully with Section 58-14 . 006 before serving subscribers within any part of the expanded area. (Sections 58-4 . 024 and 58-14 .006) 7 . PEG Channels and Facilities. The grantee has previously executed an Agreement for the Delivery of Access Programming in Contra Costa County ( "Access Agreement" ) dated July 20, 1993 . As a result of technological and regulatory changes, the grantee has requested that certain provisions of the Access Agreement be modified to accommodate the grantee' s operations. The grantee' s application for renewal is approved on the condition that, before the renewal shall become effective, the grantee shall enter into an amendment to the Access Agreement on terms acceptable to the County. (Sections 58- 12 . 008 and 58-12 . 010) 8. Effective Date and Acceptance. The license granted herein shall become effective when the grantee has executed the written amendment referred to in Section 7, has filed in a timely manner its written acceptance of this license and its agreement to be bound by and comply with all of the requirements of Ordinance No. 93-55, as amended from time to time, and has delivered to the Clerk of the Board of Supervisors the bond and insurance policies required to be furnished. (Sections 58-4 .012, 58-4 .014, 58-6 .004 and 58-6 . 008) 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown• ATTESTED: ? 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Z .0 -I (n N vii (D (D O V 0 c ct 0 lit m C) c enc -1 D� p(n O� X m� �W m z z Cn m n 0o Cl) Om v :13v O D m Ove mn MC M m 0O mQ zD C m n O m D c mm e O (D r- nz co m = m z O y v O O D— Z C N O C m N< m m G)i I N oNo m O ~ m 111 Ittd a °z �°, rt lDON lIg i td O -0 W t N t O O O Z m W w p. �ou0i z� om b m M- mO WO W INS W Cl) m O m c m O co h, cn it j 0 NOTICE OF PUBLIC HEARING ON THE RENEWAL OF SIX CABLE TELEVISION LICENSES The Board of Supervisors will hold a public hearing on July 12, 1994 at 2 p.m. in the Board Chambers, County Administration Building, 651 Pine Street, Martinez, CA to consider renewal of the cable television licenses of the following six cable television companies in the unincorporated areas of Contra Costa County: Bay Cablevision (Richmond) , Century Cable (Kensington) , Concord TV Cable (Concord) , TCI of Contra Costa County (Clyde) , TCI of Walnut Creek (Walnut Creek) and Viacom Cablevision (Bay Point-San Ramon) . These companies have submitted applications to renew their current licenses for 10 years in accordance with County Cable Television Ordinance No. 93-55. Cable companies approved for renewal will be required to comply with all requirements of Cable Television Ordinance No. 93-55, including basic service rate regulation, customer service provisions and technical standards. At the public meeting, the Board will consider all written and oral comments on the proposed renewals from all persons interested in or affected by such renewals. Copies of the renewal applications are available for review at the Office of the Clerk of the Board, 651 Pine Street, Rm. 106, Martinez, CA. Dated: .Tune 30, 1994 Phil Batt,'&10r, Clerk of the Board of Supervisors and County AdYinis{rator Deputy Clerk DATE: REQLMST To SPEAK FORm (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressin�g/ the Board. NAME: i� IGL'I �J jQ PHONE: f / U 0 ADDRESS: 1 �'�� G�'t,� CrrY: uuw4111'r-6 I am speaking rmysel OR organization: (NAME OF ORGAN[7.a1'ION) Check one: I wish to on speak Agenda.Item # P My comments will be: general for against I wish to speak on the subject of e''40, Ai!5 r1500/�/Oa(� I do not wish to speak but leave these comments for the Board to consider. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the West County Times,a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek,County of Contra Costa, 94598, And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California,under the date of August 29, 1978.Case Number 188884. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: R..................................... all in the year of 19... I certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this d't4d_aY of 9- * 19 qq ................ ... .......... Signature FILED Lesher Communications, Inc. West County Times P.O. Box 128 JUL It 1994 Pinole,CA 94564 (510)262-2740 Proof of Publication of: CLERK BOARD OF SUPERVISORS (attached is a copy of the legal advertisement that publisheL,.- CONTRA COSTA CO. NOTICE OF PUBLIC HEARING Dated:June 30,1994 ON THE RENEWAL OF Phil Batchelor SIX CABLE Clerk of the Board of TELEVISION LICENSES Supervisors and County Administrator The Board of Supervisors will hold /s/S.Casillas a public hearing on July 12,1994 Deputy Clerk at 2:00 p.m.on the Board Cham-Legal WCT 6119 bers, County Administration Publish July 2,1994 Building,651 Pine Street,Marti- nez,CA to consider renewal of the cable television licenses of the fol- "Jowing six cable television compa- nies in the unincorporated areas of Contra Costa County: Bay Ca- blevision(Richmond),Century Ca- ble(Kensington),Concord TV Ca- ble(Concord),TCI of Contra Costa County (Clyde), TCI of Walnut Creek(Walnut Creek)and Viacom Cablevision (Bay Point-San Ra- mon). These companies have submitted applications to renew their current licenses for 10 years in accor- dance with County Cable Televi- sion Ordinance No,93-55.Cable companies approved for renewal will be required to comply with all requirements of Cable Television Ordinance No. 93-55, including basic service rate regulation,cus- tomer service provisions and tech- nical standards. At the public meeting,the Board will consider all written and oral comments on the proposed re- newals from all persons interested in or affected by such renewals. Copies of the renewal applications are available for review at the Of- fice of the Clerk of the Board,651 Pine Street, Rm. 106,Martinez, CA. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times,a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek,County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: ..................... ............................................... .11/ all in the year of 19.!.-1.. 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed at Vyalnut Creek,California. On this dfta f 1 9*3 FIL D . . .......7 ... ... . ............. Signature V Lesher Communications, Inc. JUL '11 1994 Contra Costa Times P.O. Box 4147 Walnut Creek, CA 94596 (510)935-2525 CLgRK BOARD OF SUPERVISORS COMM COSTA Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF PUBLIC HEARING Dated:June 30,1994 ON THE RENEWAL OF Phil Batchelor SIX CABLE Clerk of the Board of TELEVISION LICENSES Supervisors and County Administrator The Board of Supervisors will hold /s/S.Casillas a public hearing on July 12,1994 Deputy Clerk at 2:00 p.m.on the Board Cham-Legal CCT 4272 bers, County Administration Publish July 2, 1994 Building,651 Pine Street,Marti- nez,CA to consider renewal of the cable television licenses of the fol- lowing six cable television compa- nies in the unincorporated areas of Contra Costa County: Bay Ca- blevision(Richmond),Century Ca- ble(Kensington),Concord TV Ca- ble(Concord),TCI of contra Costa County (Clyde), TCI of Walnut Creek(Walnut Creek)and Viacom Cablevision (Bay Point-San Ra- mon). These companies have submitted applications to renew their current licenses for 10 years in accor- dance with County Cable Televi- sion Ordinance No.93-55.Cable companies approved for renewal will be required to comply with all requirements of Cable Television Ordinance No. 93-55, including basic service rate regulation,cus- tomer service provisions and tech- nical standards. At the public meeting,the Board will consider all written and oral comments on the proposed re- newals from all persons interested in or affected by such renewals. Copies of the renewal applications are available for review at the Of- fice of the Clerk of the Board,651 Pine Street, Rm. 106, Martinez, CA. . ` PROOF OF PUBLICATION NOTICE OF �����,� ������� PUBLIC HEARING ' ~ omTHE RENEWAL opSIX acvam STATE 0FCAUFO�N|A i oxe��� � / m , uoEwsE County ofContra Costa The Board mSupervisors in � | amacitizen ofthe United States and oresident ofthe ^~'^~"~~'.'~~'~"o^~~` ^ 12, 1994 at 2 p - County aforesaid;|amoverthe of eighteen years,and a^*mChambers, � n«toPortYtoor/nterestedint'- above-entitledministration Building, 651 � mattar� pine Street, Martinez, o«to consider renewal mthe cable | -'the Principal Dispatch and television licenses mthe fol' Brentwood News. Newspapers of general cincu|otinn, lowing six cable television printed and published atlG5OCavallo Road inthe City of companies inthe unincorpu Antioch' County of Contra Costa, 94509. rated areas of Contra Costa County: Bay Cablevision And which newsrmhavoboennewspapersdV� hu of |uimu|ationbythe Super�rCo��ofthe "=""'m`""/ ^°"`"'" ',^"' Contra of Contra Costa, State of California, under the date ~ Cosble ta County - - TCI — March 2G. l87O. Case Number 74637U. Walnut Creek(Walnut Creek) and Viacom Cablevision(Bay The notice, ufwhich the annexed ina printed coo'v(setin Point-San Ramon). Txoxm companies have subtype not smaller than nonpa,ei|), has been published /n m|uod~pp ^~ ~ ~,on~~ each regular and entire iusuenfsaid newspapers and not their current for 10 /n any su menl,,thereof on thefollowing dates,to-wit: years in accordance with , County CameTe|evigvn0m| '�� . nancews� o oab|000m v ' ��`=����''''''''''�����'��'- com- panies -p="ou�fv,mnewm' � all infheyearof 1994. will be required to comply with all requirements 'dCa' } ��m� under ��� � ��u� �� t� mo /�w�um/��mu � ^ ` yauo including on� fure8onQ ��ueand cnrne�. perjury' "" ' � Antioch custom- erservice provisions and Executed at ' technical standards. �� m the public Meeting, me On this 4 � vuy Board will consider all written and oral comments onthe renewalsproposed from persons interested in or af- ��"=+uvo~ - - ----���----^)~^-`^~---==' '=^"= by such =""~a'". ~.�~^ ^� mn� mmemn�a/ amm ^ cmnun, are available for re- Ledger � Dispatch and Brentwood News wowa*umon�^mmeC�m P.O. Box 2299 of the Board, ssz Pine Street, Rm. � ' Martinez,CA. (510) 757'2525 Dated:June 30, 1994 1994 rm| 8atcxo|o,. Clerk of the Board of 9vpomisnn and County Administrator By /s/ S. Casmax. Deputy CLERK BOARD OF SUPERVISORS C|o,x CONTRA COSTA CO. Legal oaousu$ Publish:July 2, 1991 H. 6 Herman and Ruth Robbins Schein 7 Oak Creek Road El Sobrante, California 94803 (510) 223-9057 RECEIVED JUL - 61994 CLERK BOARD OF SUPE ORS July 6, 1994 CONTRA COSTA CO. Board of Supervisors Contra Costa County Administration Building 651 Pine Street Martinez, CA 94553-1291 RE: Renewal of Cable Television Licenses Dear Board of Supervisors: We are subscribers to Bay Cablevision since October 1988. My wife and I are constant listeners to FM radio and we can only receive FM through the cable network. Bay Cablevision has provided this service from the beginning until mid-May 1994 when it was cut off arbitrarily and without notice to customers. We sincerely believe that as a provision for renewal of its license Bay Cablevision should be required to continue its FM radio service without interruption. Sincerely, erman Scehej enc. V/9- Herman and Ruth Robbins Schein 7 Oak Creek Road El Sobrante, California 948U3 (510) 223-9057 REC'F IVED JUL - 6199Q CLERK BOARD OF SUpeft ISORS 111ay 31 , 1994 CONT(IA COSTA Co. Mrs. Pat Burke Contra Costa County 651 Pine St. 11th floor Martinez, California 94553 Dear Mrs. Burke: Mty wife and I want to thank you for your prompt action to persuade Bay Cablevision to resume its N radio service. In these times it is rare indeed to find an individual in private or public life who would respond as effectively as you did. For this alone you are to be highly cormi,ended. We listen to FM radio for news, music, entertainment and talk shows and sorely miss it when cut off the air. In our area FM can be received only via the cable network. As you know, I would be willing (and some* many other subscribers) to pay Bay Cablevision a modest monthly additional fee to assure continued FIA radio service. Again, our sincere ap,.reciation. Sjncerely,,; Herman Schein To: BOARD OF SUPERVISORS ..L Contra Gr FROM: Phil Batchelor, County Administrator = Costa l DATE: June 21, 1994 . * County SUBJECT: FIX DATE FOR PUBLIC HEARING TO CONSIDER APPROVAL OF LICENSE RENEWAL FOR SIX CABLE COMPANIES. SPECIFIC REOUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION RECOMMENDATION: FIX July 12, 1994 at 2 :00 p.m. for a public hearing to consider renewal of the cable television licenses for unincorporated Contra Costa County for the following six cable companies: Bay Cablevision of CA, Inc. (Richmond) , Century Cable (Kensington) , Concord TV Cable (Concord) , TCI Cablevision of Contra Costa County (Clyde) , TCI Cablevision of Walnut Creek (Walnut Creek) and Viacom Cable (Bay Point and San Ramon) ; DIRECT the Franchise Administrator to file a copy of the license applications with the Clerk of the Board; and DIRECT the Clerk of the Board to give notice of the hearing by publication, one time in the Contra Costa Times, West County Times and the Antioch Daily Ledger. FINANCIAL IMPACT: Costs incurred for review of renewal applications were covered by $1,000 application fee specified in Cable Television Ordinance No. 93-55. CONTINUED ON ATTACHMENT: jGYES SIGNATURE: /-"'y RECOMMENDATION OF.COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):j::f _ ACTION OF BOARD ON r _1 Q 9� APPROVED AS RECOMMENDED..G OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ..L UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Patricia Burke ATTESTED 99q County Administrator/Ql PHIL SA4 HELOR,CLERK OF NE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR U382 P r1l"a, ,DEPUTY (t0i86jBY �"! � a 1 �� -2- BACKGROUND: Existing cable television licenses are currently in force for the following areas : Bay Cablevision (Richmond) , Century Cable (Kensington) , Concord TV Cable (Concord) , TCI Cablevision of Contra Costa County (Clyde) , TCI Cablevision of Walnut Creek (Walnut Creek) , and Viacom Cable (Bay Point-San Ramon) . These companies have applied for renewal of their licenses . Pending adoption of County Cable Television Ordinance No. 93-55 and final review of the renewal applications, the licenses have been extended by the Board of Supervisors through July 31, 1994 . Applications have been reviewed by staff for conformance with Ordinance No. 93-55. The Auditor's Office reviewed the cable companies ' regional financial statements and indicated that the County should not have significant concerns about their financial stability. Hammett & Edison, the technical engineers retained by the County, reviewed one test point for each system required to submit FCC technical standards tests and found all systems in compliance with FCC standards at this time. All systems have generally been responsive to customer complaints and have proposed systems to meet future cable-related needs of their communities, taking into account the cost of meeting such needs and interests . Therefore, staff recommends that a public hearing be fixed pursuant to 47 USC Section 546(h) of the Cable Television Consumer Protection and Competition Act of 1992 to renew the licenses for all six cable systems . f l NOTICE OF PUBLIC HEARING ON THE RENEWAL OF SIX CABLE TELEVISION LICENSES The Board of Supervisors will hold a public hearing on July 12, 1994 at 2 p.m. in the Board Chambers, County Administration Building, 651 Pine Street, Martinez, CA to consider renewal of the cable television licenses of the following six cable television companies in the unincorporated areas of Contra Costa County: Bay Cablevision (Richmond) , Century Cable (Kensington) , Concord TV Cable (Concord) , TCI of Contra Costa County (Clyde) , TCI of Walnut Creek (Walnut Creek) and Viacom Cablevision (Bay Point-San Ramon) . These companies have submitted applications to renew their current licenses for 10 years in accordance with County Cable Television Ordinance No. 93-55 . Cable companies approved for renewal will be required to comply with all requirements of Cable Television Ordinance No. 93-55, including basic . service rate regulation, customer service provisions and technical standards . At the public meeting, the Board will consider all written and oral comments on the proposed renewals from all persons interested in or affected by such renewals . Copies of the renewal applications are available for review at the Office of the Clerk of the Board, 651 Pine Street, Rm. 106, Martinez, CA. Dated: Jame 30, 19% Phil Batt4elor, Clerk of the Board of. Supervisors and County Rdrrinis;rator Deputy Clerk