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HomeMy WebLinkAbout1987 - 1988 United Cable TV Correspondencev ~.~ l"~ ~~°- l/N/TED C/IBLE TELEV/S/ON ~. OF TREASURE VALLEY 8400 Westpork Street Boise, Idaho 83704 (208) 375-8288 July 21, 1988 Ms. Shawna Wilke 1071 Tammy Street Meridian, Idaho 83642 Dear Mrs. Wilke: I again apologize for any inconvenience we may have caused you in the recent past. Our telephone conversation of July 19th, we agreed to the following which is in alignment with our original proposal of July 7th: o Your family has elected not to receive cable television services at no charge for six months, however, we would like to extend the cable service offer to your family to which you will have until October 30th of 1988 to take advantage of. o You have elected not to have United Cable repair your lawn at this point in time, however, if you elect to have said done prior to September 30th of 1988, we will agree to take reasonable action. o That we will reimburse your legal advisory fees up to $85.00 and that Mr. Robert J. Elgee will directly bill United Cable Television. o You will find enclosed, a check made payable to Mrs. Shawna Wilke in the amount of $100.00, which is in accord with our agreement. I hope that you will agree that we have attempted to be as equitable as we felt reasonable pertaining to this matter. If you have any questions or concerns, please feel free to contact my office as I am ready and willing to assist in any way. Again, I appreciate your cooperation and patience concerning this matter, and hope that we may be able to service your families borne entertainment needs in the future. Wayne H. Wat~sori General Manager WHW/jh Enclosure cc: Robert J. Elgee, Wishney and Elgee Attorneys at Law Scott Campbell, E]~n, Burke & Boyd Steve Hawley, Marketing Manager Dave Rehder, Plant Manager Project File l/N/TFB CABLE TEIEV/S/ONG~i. OF TREASURE VALLEY 8400 wesrporlr Sneer 8oase. Idcho 83704 (208) 375-8288 July 7, 1988 Mr, and Mrs. Richard D. Wilke 1071 Tammy Street Meridian, Idaho 83642 Dear Mr, and Mrs. Wilke: ~~~~ ~.,~: a - ~c~ United Cable Television apologizes for erroneously installing our coaxial distribution system outside of normal public easement and for not completely or expeditiously communicating with you concerning the matter. - The oversight by our personnel and also by our contractor have been discussed with your legal advisor. The oversight was somewhat reasonable in that in 1978, the original plating of Settlers Village did have public easements on the side property lines of lots 10 and 11. In order to expeditiously settle this matter, I would like to propose the following: o When cable television service is available to your residential location, we will provide you and your family, your selection of cable television services for 6 months, at no charge. o At your election and reasonable satisfaction, to restore the area of lawn and insure that there is no depression, and/or to replace a 12 inch wide section of sod, the length of the disturbed area. o That United Cable Television, reimburse all reasonable legal advisory fees, up to $85.00. o That we reimburse you personally, $100 for any inconvenience you and your family may have been caused. I am hopeful that you will agree that the aforementioned is more than equitable and will permit us to expeditiously settle the matter. .. r~ ~. Mr, and Mrs. Richard Wilke July 7, 1988 Page 2 If you have any questions or concerns, please feel free to contact my office as I am ready and willing to assist in any way I may. Thank you for the time and courtesy you have afforded us and I can assure you.that United Cable Television is dedicated to providing the "Highest Quality of Programming Services and Superior Customer Service". Respectfully, Wayne H. j+Tatson General Manager WHj~1/ j h cc: Robert J. Elgee, David Wishney, Robert Elgee Attorneys at Law Scott Campbell, Elam, Burke and Boyd Steve Hawley, UCTV Marketing r4anager Dave Rehder, UCTV Plant rianager Project File I/N/TED CABLE TELEV/S/ON ~ OF TREASURE VALLEY 8400 Westpark Street Boise, Idaho 83704 (208) 375-8288 June 24, 1988 Mayor Grant P. Kingsford City of Meridian 33 E. Idaho Meridian, Idaho 83642 Dear Mayor Kingsford; In March, the news media announced the "merger" of United Cable Television Corporation ("United") and United Artists Com- munications, Inc. ("UACI"), While an agreement was reached at that time,. the details of the transaction are just now being finalized. Therefore, we have been unable to provide you with adequate information concerning the transaction until now. Contrary to what may have been reported in the media, nei- ther the cable system in Meridian nor the franchise granted by the City of Meridian is being sold, transferred, merged or chan- ged in any fashion. The system in Meridian is owned by United, doing business as United Cable Television of Treasure Valley. United will continue to own and operate the Meridian cable sys- tem as in the past. There will be no change in local management or operations as a result of this transaction. Although certain news reports indicated that United and UACI would be merged and cease their separate existences, such is not the case. United will continue as a separate, ongoing entity. Under the terms of the definitive agreement, through a series of steps made necessary by tax considerations, all of the outstanding capital stock of United ultimately will be owned by United Artists Holdings, Inc, rather than by its current pub- lic shareholders. The United Artists parent company, United Artists Entertainment Company, will be a public company whose stock is traded in the national over-the-counter market. Tele- communications, Inc., a company that presently owns 650 of UACI and 42~ of United, will own between 55 and 60% of the. stock of the United Artists parent company. In addition to the ownership and management of cable television systems that will serve 2.3 million subscribers, the United Artists family of companies owns and operates a national chain of movie theaters and owns and develops real estate having a substantial value. Gene Schneider, the Chairman of the Board of United, will be the Chairman of the Board of the United Artists parent company. Fred Vierra, the President and Chief Operating Officer of United, will be the Chief Operating Officer of the United Artists parent company. BOISE SYSTE!! also for Caldwell, Eagle, Garden City Meridian, Nampa, Ada County and Kuna) CIIR.RENT ORGANIZATIONAL STRUCTIIRE < Franchise Holder > United Cable Television Corporation dba United Cable Television of Treasure Valle NEW ORGANIZATIONAL STRQCTIIRE < Franchise Holder > United Cable Television Corporation dba United Cable Television of Treasure Valle < Parent > 100 United Artists Holdin s, Inc. < Parent > 100 United Artists Entertainment Com an 40-45~ 55-60$ Public Tele-Communi Stockholders cations, Inc. UN/TED CABLE TELEV/S/ONE. OF TREASURE VALLEY 8400 Westpark Street Boise, Idaho 83704 (208) 375-8288 April 19, 1988 To the City of Meridian; The attached Financial Statements are respectively submitted: o Balance Sheet o Income Statement o Statement of Changes in Financial Position The submitted information complies with the terms and conditions of the Franchise Agreement. If there are any questions, please feel free to contact my office. Thank you for the time and courtesies you have afforded us. Respectfully, Wayne H. Watson General Manager WHW/tr I am in receipt of the Financial Statements dated January 1, 1987 to December 31, 1987 for United Cable Television of Treasure Valley. Received By Date April 15, 1988 To the City of Meridian: I have prepared the balance sheet of the City of Meridian portion of United Cable Television of Treasure Valley, a division of United Cable Television Corporation at December 31, 1987, and the related statements of income and changes in financial position for the year then ended. It is not possible to specifically identify each capital cost or operating expense of United Cable Television of Treasure Valley as benefitting a particular community. The allocation of capital costs and operating expenses to the Meridian portion of United Cable Television of Treasure Valley was performed as described in the notes to the financial statements. I am not independent with respect to the City of Meridian portion of United Cable Television of Treasure Valley and the accompanying balance sheet as of December 31, 1987, and related statements of income and changes in financial position for the year then ended. I therefore do not express an opinion with regards to the balance sheet and statements of income and changes in financial position. Myra E. Donovan, CPA Audit Manager CITY OF MERIDIAN PORTION OF UNITED CABLE TELEVISION OF TREASURE VALLEY Balance Sheet December 31, 1987 (Unaudited) ASSETS Cash Accounts receivable, less allowance for doubtful receivables of $600 Prepaid expenses and other assets Investment in cable television system: Property, plant and equipment: Distribution system Land Buildings Vehicles Other Less accumulated depreciation $ 25 18,782 12,367 $ 1,248,933 7,737 34,754 27,594 28,467 1,347,485 ( 676, 534) Net property, plant and equipment Deferred permit costs, net of accumulated amortization of $6,421 Total investment in cable television system Total assets LIABILITIES AND DIVISION EQUITY Liabilities Accounts payable Subscriber prepayments Accrued liabilities Lease payable 670,951 12,175 683,126 $ 714,300 1,144 1, 689 49,995 5,30.1 Total liabilities Division Equity 58,129 Division Equity 656,171 Total liabilities and division equity $ 714,300 The accompanying notes to financial statements are an integral part of this Balance Sheet. CITY OF MERIDIAN PORTION OF UNITED CABLE TELEVISION OF TREASURE VALLEY CITY OF MERIDIAN Income Statement For the Year Ended December 31, 1987 (Unaudited) Revenues Operating expenses Operating income before interest, depreciation and amortization Other expense (income) Interest expense Depreciation and Amortization Other Total other expense Net income before income taxes Income Tax Benefit Net income $ 365,077 211,156 153,921 $ 63,065 81,017 ( 46) 144,036 9,885 1, 572) $ 11,457 The accompanying notes to financial statements are an integral part of this statement. r-~ CITY OF MERIDIAN PORTION OF UNITED CABLE TELEVISION OF TREASURE VALLEY Statement of Changes in Financial Position For the Year Ended December 31, 1987 (Unaudited) SOURCES OF CASH: Operations Net income $ 11,457 Items not requiring cash Depreciation and amortization 81,017 Total sources from operations 92,474 Increase in lease payable 5,042 Change in receivables, payables accruals and other., net 9,919 Total sources 107,435 USES OF CASH: Purchase of property, plant & equipment 51,510 Decrease in Division Equity, exclusive of Net Income 56,387 Total uses 107.897 Decrease in cash $( 462) n CITY OF MERIDIAN PORTION OF UNITED CABLE TELEVISION OF TREASURE VALLEY (An Operating Division of a United Cable Television Corporation Subsidiary) Notes to Financial Statements (Unaudited) December 31, 1987 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Financial Statement Presentation United Cable Television of Treasure Valley (the "Division") is a division of United Cable Television Corporation ("UCTC"). Separate accounting records are maintained on a consistent and uniform basis for each UCTC division. To the extent practicable, the records of each operating division are based on income and expense directly applicable to the respective operating division. Certain services are provided for the operating divisions by UCTC because UCTC can provide them more economically than can the individual operating divisions. The costs of such services are allocated to the various operating divisions on a substantially consistent basis, with all cost savings passed to the operating divisions and UCTC realizing no net earnings as a result of these allocations. The Division operates franchise agreements which serve the communities of Boise, Nampa, Caldwell, Eagle, Meridian and certain unincorporated portions of Ada and Canyon counties. For record keeping purposes the Division is considered as one accounting entity. For financial statement presentation for the City of Meridian Portion of United Cable Television of Treasure Valley, total account balances for the Division have been allocated on the following basis: Balance Sheet - All amounts have been allocated based on miles of plant (within the city of Meridian) at December 31, 1987 to total plant miles for the Division. Income Statement - All amounts have been allocated based on the number of subscribers (within the City of Meridian) at December 31, 1987 to total subscribers for the Division. Property, Plant and Equipment In November, 1981, the Financial Accounting Standards Board issued a statement entitled "Financial Reporting by Cable Television Companies". The system has adopted the provisions of this statement. Depreciation is determined on a composite basis using the straight-line method over the following estimated service lives: n Buildings .............. ... ........ .. .20-25 years Distribution System and~Equipment.. 8~to~12 1/2 years Transportation Equipment . ... ................4 years Other property, plant and~equipment..........10 years 2. Total depreciation expense for the year ended December 31, 1987 was $80,170. Replacements, renewals and improvements are capitalized and maintenance and repairs are charged to expenses as incurred. The cost and accumulated depreciation related to other than routine retirements or disposals are removed from the accounts and the resulting gain or loss is reflected in the statement of income. Deferred Cable Television Permit Cost Costs incurred in obtaining cable television permits are deferred and amortized over the lives of the permits, beginning with the dates the system .becomes operational. Amortization for the year ended December 31, 1987 was $847. Income Taxes UCTC and related subsidiaries file a combined Idaho State Tax return using the unitary method of apportioning income. An estimate of each Division's tax benefit has been allocated to each Division. The Division is part of a group of corporations owned and operated by UCTC which file a consolidated Federal Income Tax rf~turn. Deferred Federal Income Taxes have not been allocated to the Division. Interest Expense The Division pays interest due on its note payable to UCTC at an annual rate equal to UCTC's borrowing rate. COMMITMENTS The Division rents poles in its operation. Such rental agreements are short-term, but the Division anticipates such rentals will continue to recur . 3. DIVISION EQUITY Division Equity is comprised of borrowings from UCTC and accumulated deficit since the date of acquisition. The Balance Sheet line item is comprised of the following: Borrowings from United Cable Television Corporation $1,066,964 Accumulated Deficit ( 410,793) $ 656,171 /'1 CMI RESEARCH, INC. 8415 La Mesa Boulevard. Suite 3 • La Mesa, CA 92041-5326 • (6.19) 461-7891 .March 15, 1988 City ManagerjAdministrator Plesae make anddistribute copies of this letter to elected City officials,. the City Attorney., and the Cable TV Coordinator for-the City. SPECIAL NOTICE On October 20th, I sent you a letter alertiag you~to the merger of the cable company. Later, that .merger was called off. Now, you need to kaow that on March 9th, .the companies agreed to merge under different terms and conditions. The merger is between United Artists Communications and. United Cable Television. Both of those companies are owned in part by Teie-Communications,-Inc. (TCI), the nation's. largest .cable operator. Under the announced terms of the October merger, TCI would have owned 45$ of the new company, Under the terms of the new merger,. TCI will own 52$. POSSIBLE CITY CONCERNS Who knows what will. happen to the quality of cable. television services in your City after the merger? Will services get-better or stay about the same? Or, will they get worse? .It`s hard to .predict and it's a guess at best. If you want to have the power to do something in the event service gets worse, then you must gather information that will document cable company performance before. the transfer,. and then geriodically thereafter to document how things change. Before we tell you how to do this, let's first determine whether or not you have other reasons for having this information. So, ..ask yourself these questions: (1) Do you have DOCUMENTATION to be able to support a City decision to terminate a franchise, or revoke a license, or to choose not to renew a franchise: when it expires? 1 CABLE 1V RESEARCH SINCE 1971 CMI Research was formerly a division of Communications Marketing. Inc. and continues under the same management and ownership. ,~ /'1 (2) Can you comply with the Franchise Renewal provisions of the Cable Communications Act (Sect 626(x)(2), which requires a cable company performance review, during the TERM OF THE FRANCHISE? (3) Is your documentation in a professional form that will stand up as EVIDENCE in Court? (4) Do you have accurate, reliable, and understandable information, so you really know how subscribers rate the value of their cable TV service, and other things? (5) How is their price/value rating changing after rate increases and tier collapses since deregulation? (6) Is the City able to effectively negotiate with the cable company as equals? (7) Does the City usually lose whenever there is s disagreement over franchise terms a`nd conditions? (8) Shouldn't the City have information 'that is as good as, if not better than, what the cable company has, especially since the City receives franchise fees from cable company subscribers that greatly exceed the cost of obtaining necessary information? (9) Without information and professional documentation, how does the City expect to be able to regulate the cable company, or to negotiate favorable franchise terms and conditions and changes for Iocai residents? If cities do not do an effective job of regulation of cable TV companies, should they be involved in the franchise process? Should they receive franchise fees in excess of what a public utility pays? Court decisions in Palo Alto, Sacramento, and Santa Cruz reaffirmed. the First Amendment right of cable operators to win and operate franchises encumbered•by a minimum of local regulation. The decisions cast doubt over the rights of cities to require universal service and assess franchise fees. Some cable companies feel they are like newspapers, and that franchises and. fees should not be required. Do you believe that? If you think cable TV companies should be regulated, if you think that cities deserve cable TV franchise fees, then you need to do INDEPENDENT SURVEYS, because they document that the City is doing something to obtain information to help regulate the cable company which JUSTIFIES FRANCHISE FEES. If you thick cable TV rates should be re-regulated, then you need to provide EVIDENCE. Survey results in certaia communities may provide information which might be-used to support a case for re-regulation of cable TV rates. CABLE TV SURVEYS MAY BE JUST AS NECESSARY AS IT IS FOR ONE TO DOCUMENT POOR EMPLOYEE PERFORMANCE BEFORE TERMINATION. 2 /'\ /'~ You are no doubt aware of the RENEWAL provisions of the Cable Communications Act of 1984, which could require that the City be able to evaluate cable company performance during the TERM of the franchise (Section 622(8)(2). How else can any city evaluate performance over the TERM of the franchise, without periodic surveys that show how performance has .changed over time.? RECODIIr1ENDED ACTION The wary to get this DOCUMENTATION is to hire an independent research company to conduct a survey that would measure how subscribers feel about the cable company, rates, personnel, services provided, services wanted, and many other things. You would want to use a firm that had STANDARDIZED SURVEY QUESTIONS, so you could see how the local cable company compares with others surveyed. elsewhere. You would want to be able to customise the survey by adding questions to it. You would want to use a company that has done a lot of cable TV surveys, so they would have the type of experience that would enable them to recommend and develop customized questions for the City. You would west to use a research company that could provide an expert witness, to testify as to the survey process, procedures and survey results, just in case that was ever needed. Regarding payment for surveys, we recommend that the City pay for surveys out of cable TV franchise fees. . Subscribers believe that they are paying ".franchise fees" in return for .regulation expenses. Franchise fees are collected from the. cable company and greatly exceed survey costs. Monies paid to acquire informatioa to better regulate the cable company help the local regulator justify the need for franchise fees in the amount now received....or, to justify receiving higher fees from the cable company, especially if the regulator does not already receive a 5$ franchise fee. However,. the City may want the first survey conducted right away, and simply doesn't have funds available for the first survey, or cannot budget them for subsequent surveys for good reasons, and may want to consider another approach, such as HAVING THE CABLE COMPANY PAY FOR ANNUAL SURVEYS, OR AT LEAST THE FIRST SURVEY, which is the reason for the timing of this letter. RIGHT NOW, WHEN THE CABLE COMPANY WANTS TO MARE A QUICR CHANGE IN OWNERSHIP OF THE CABLE SYSTEM, AND NEEDS A TRANSFER OF THE FRANCHISE TO THE NEW COMPANY TO DO S0, IT IS A GOOD TIME FOR THE CITY TO NEGOTIATE FOR SOMETHING THAT THE 3 CITY WANTS IN RETURN. If current franchise fees are below the 5$ limit established in the Cable Communications Act of 1984, the City might ask the cable company to reimburse the City for survey costs each year, until the fees are increased to 5~. 0R, THE CITY MAY WANT TO REQUIRE OR NEGOTIATE AN INCREASE IN FRANCHISE FEES TO THE 5$ CABLE COMMUNICATION ACT FRANCHISE FEE LIMIT, SO THE CITY CAN PAY FOR SURVEYS. Or, survey costs might be shared, by mutual agreement: There is a possibility that SURVEY COSTS MAY BE EXCLUDED from being considered part of the 5$ franchise fee limit .under the provisions of Section 622(g)(2)(D), which excludes,."requirements or charges incidental to the awarding or enforcing of the franchise," etc., although this has not been tested in Court as yet. ASR YOUR CABLE COMPANY TO PROVIDE YOU WITH A LIST OF CITIES WHERE THEIR PARENT COMPANY HAS PAID FOR SURVEYS, REGARDLESS OF WHO DDES THEM (CITY, FRANCHISE CONSULTANT, CABLE COMPANY, OR PROFESSIONAL RESEARCH COMPANY), IN ADDITION TO PAYING A 5~ FRANCHISE FEE; DURING THE PAST FIVE YEAR TIME PERIOD. ALSO, FOR THE NAMES OF ANY CITIES WHERE THE CABLE COMPANY HAS PAID FOR SURVEYS, AND ETHER FRANCHISE RENEWAL EXPENSES, AT THE TIME OF FRANCHLSE RENEWAL, OR TERM EXTENSION, IN ADDITION TO AGREEING TO PAY A 5$ FRANCHISE FLE IN THE FUTURE. Since you might like to know, let me explain how you could get the cable company to reimburse the City for independent surveys. The agreement between the City and the cable company, which is contained in a franchise, license, ordinance, municipal code, letter, or other form, including amendments to same, probably provides that: (1) the City must approve any change. in cable company ownership., including mergers; and/or (2) the City can put conditions on the new company before agreeing to the transfer of the franchise to the new owner; and/or (3) that the City can amend the cable franchise by City Ordinance. If the cable company is asked to pay, the City can expect that their first reaction may be negative. Some cable companies-may not understand customer surveys. Some cable system managers may never have conducted such a survey. The cable company may not like the City having surveys that show how the cable company compares with others surveyed elsewhere. It is very likely that the cable system manager has ever seen a report that compares his system with cable systems owned and operated by other companies. And, the new owner might not. like the City having a basis for 4 measuring future performance. So, the cable company may offer to do surveys themselves, if they must be done. But don't let them. The cable company should never be allowed to AUDIT or survey itself. The cable company is biased. One cannot expect the cable company to want to ask questions that might make the cable company look bad, or that might be used against it. Cable company surveys help cable companies, not regulators. The City wouldn't get comparisons if the cable company did the surveys. REGARDING SUBSCRIBER ATTITUDES TOWARD SURVEYS, THEY KNOW CABLE TV IS A MONOPOLY, WITH EVER CHANGING NEW SERVICES, AND THEY WAFT INPUT TO THE PROCESS. JUST ASR THEM. Subscribers believe that they can rely on City officials to regulate and manage the cable company and the cable TV franchise, and greatly appreciate receiving a Survey Factsheet from an independent research company that was hired by the City, showing significant survey results. Then they feel that they are part of the process, and that the City is doing something to monitor the ongoing performance of the cable company. Who knows, but subscriber satisfaction with this process might help cities maintain city regulation of cable companies in the future. ABOUT OUR COMPANY L have been doing cable TV surveys since 1970. We have been selling them to cable companies since 1972, and our first sale of surveys td cities was in 1980. We have done hundreds of cable TV surveys nationwide. In addition, I owaed a cable company for seven years until I sold that business in 1986. So, I do understand both the research business and the cable TV business, and they certainly are different. I am not aware of any other firm that has our level of cable TV experience. No other research company has a survey just like ours. Our survey and questions and answers are unique. No other firm has the same thing. Our survey is protected and copyrighted, so others do not have access to our questions. . We also are ready right now. A survey can be completed within 90 days. We would like to meet with you to show surveys. I know that after you see a COMPARISON REPORT, that shows how the compares with others we have surveyed, want our surveys. you some of our completed copy of our CONFIDENTIAL local cable company that you will definitely 5 We also would like to determine if our standard survey questions would meet your information needs, or if you would need to add Supplemental 4uestions, because that affects the scope of the project and your cost. If you need to do an Request For Proposals, we can provide a 3- page list of considerations which should be helpful in drafting the RFP. ' ABOUT THE SURVEY Now, let me tell you about our Standardized Subscriber Survey. It contains over 40 standardized survey questions. The questions have been selected to provide information that should satisfy the information needs of the vast majority of all cities. Hut, if not, the survey can be customized. As an option, supplemental questions can be added, and CMI will develop them for the City. CMS conducts the survey at least once, but recommends that it be done three times. It may be done every year, or as frequently as agreed upon. Surveys should be done at least every year in cities with 10,000 or more subscribers, and every 2 years with 5,000, and every 4 years with 2,500 subscribers, but survey frequency is negotiated. Phone interviews are conducted with randomly selected cable subscribers, so every subscriber has a chance of being selected to participate in the survey. The City receives two copies of a spiral-bound written report of survey results (The Survey Report). The City could 8sk the. cable company to review a copy and to explain in writing, within 90 days, what it did during the previous 12 months to affect survey results and what it plans to do before the next survey is conducted to improve. That provides even greater DOCUMENTATION. The City also receives a Survey Factsheet, which is a . summary of survey results, on 8 1/2" by 11" paper,. for mailing to all subscribers by the cable company. If they won't, then it can be mailed by the City to all residents. The City also receives a REGISTERED COPY OF A CONFIDENTIAL 8-page COMPARISON REPORT. The City can decide how and when this information is used. CMI fees are all inclusive. The price for the subscriber survey is $15,500, when supplemental survey questions are n not added, and $22,500 when they are, based upon a sample size of 400 interviews, which is what we recommend. However, if one wants us to conduct .more than 400 interviews, then add $13.00 for each additional interview. If the City wants to say they sought input from all residents, then a brief mail survey can be sent by the City to all residents at City expense. After the first survey, with research company approval, the City can choose to allow the cable company to add supplemental questions to the survey. This gives the City great power. There is a charge of either. $3,500 or $7,000 which the cable company pays directly to CMI Research..- CMI w~.ll not withhold approval as long as the cable company has been cooperative with CMI research efforts. I hope from this letter that you will conclude that independent customer surveys will benefit cable TV subscribers and the City, and even the cable company, especially when they are doing a good job. If the City chooses to pay for the survey, then cable company approval is not required, and things can be done much more quickly. If the City wants the cable company to pay for surveys, then it takes longer, because a negotiation process has to take place. However, based upon my experience in having been involved in the purchase. or sale of 14 separate cable systems, the cable company will be eager to get the. merger completed, and this should be a good time for the City to get an agreement that will provide for anaual customer surveys in return for a quick transfer. Please let me know right away how soon you want to do the first survey, because we have had and expect a continuing backlog. Also, who will pay for the first survey, and for others, if you want them. Let me know .who our contact person will be at the City (for surveys). And, lastly, whether or not the City needs to go through an RFP process to select the research company to,do the first surveys. We will then be in touch to set up a meeting to review our materials, and to learn more about. your specific needs. We look forward to being of service to you and the City. Sinc ly, m Bloxhamy~'--~` President JLB:sr 7 r uNirEO cas~E rE~EVisio~ 7 OF TREASURE VALLEY April 16, 1987 To the City of Meridian; The attached financial statements are respectively sub- mitted: o Balance Sheet o Income Statement o Statement of Changes in Financial Position The submitted information complies with the terms and conditions of the franchise agreement. If there are any questions, please feel free to contact my office. Thank you for the time and courtesies you have afforded us. Respectfully, Wayne H. Watson General manager WHW/jh I am in receipt of the financial statements dated January 1, 1986 to December 31, 1986 for United Cable Television of Treasure Valley. Received By ~~ Date 8400 Westpark Street • Boise, Idaho 83704 • (208) 375-8288 u~rirEia cas~E rE~FVisioH ~~. United Coble Television Corp. Denver 7echnologicalGenter 4700 South Syracuse Parkway Denver, Colorado 80237 (303) 779-5999 April 15, 1987 To the City of Meridian: I have prepared the balance sheet of the City of Meridian portion of United Cable Television of Treasure Valley, a division of United Cable Television Corporation at December 31, 1986, and the related statements of income and changes in financial position for the year then ended. It is not possible to specifically identify each capital cost or operating expense of United Cable Television of Treasure Valley as benefitting a particular community. The allocation of capital costs and operating expenses to the Meridian portion of this division was performed as described in the notes to the financial statements. I am not independent with respect to the City of Meridian portion of United Cable Television of Treasure Valley and the accompanying balance sheet as of December 31, 1986, and related statements of income and changes in financial position for the year then ended. I therefore do regards to the balance sheet and in financial position. ---- -- ~__._--~ Steven Moss Business Manager Western Division not express an opinion with statements of income and changes ~ ~ UNITED CABLE TELEVISION OF TREASURE VALLEY CITY. OF ~IDIAN Income Statement For the Year Ended December 31, 1986 (Unaudited) Revenues Operating expenses Operating income before interest, depreciation and amortization Other expense Interest expense Depreciation and Amortization Total other expense Net loss before income taxes Provision for income tax Net Loss $ 68,690 73,228 $ 334,405 206,427 127,978 141,918 ( 13,,940) ( 459) $( 14,399) The accompanying notes to financial statements are an integral part of this statement. n ONITED CABLE TELEVISION OF TREASQRE VALLEY CITY OF MERIDIAN Statement of Changes in Financial Position For the Year Ended December 31, 1986 (Dnaudited) SOORCES OF CASH: Operations Net loss $(14,399) Items not requiring cash Depreciation and amortization 73.228 Deferred income taxes 459 Total from operations 59,288 Changes in receivables, payables, accruals and other, net 11,853 Total sources 71,141 IISES OF CASH: Purchase of property, plant & equipment 49,723 Repayment of debt * 22,020 Decrease in leases payable 380 Total uses 72,123 Net increase (decrease) in cash $( 982) * Including accrued interest n UNITED CABLE TELEVISION OF TREASURE VALLEY MERIDIAN Notes to Financial Statements December 31, 1986 (Unaudited] SUMMARY OF SIGNIFICANT ACCOONTING POLICIES Basis of Financial Statement Presentation United Cable Television of Treasure Valley (the "System") is a division of United Cable Television Corporation ("UCTC"). Separate accounting records are maintained on a consistent and uniform basis for each UCTC system. system financial results are based on income and expense directly applicable to each respective system. United Cable Television of Treasure Valley operates franchise agreements which serve the communities of Boise, Nampa, Caldwell, Eagle, Meridian and certain unincorporated portions of Ada and Canyon counties. For record keeping purposes, however, the system is considered as one accounting entity. For financial statement presentation for the City of Meridian, allocations of total account balances for United Cable Television of Treasure Valley have been made on the following basis: Balance Sheet - All amounts have been allocated based on miles of plant (within the City of Meridian) at December, 31, 1986 to total plant miles for United Cable Television of Treasure Valley. Income statement - All amounts have been allocated based on the number of subscribers (within the City of Meridian) at December 31, 1986 to total subscribers for United Cable Television of Treasure Valley. Property, Plant & Equipment In November, 1981, the Financial Accounting Standards Board issued a statement entitled "Financial Reporting by Cable Television Companies". The system has adopted the provisions of this statement. Depreciation is determined on a composite basis using the straight-line method over the following estimated services lives: Building .............................................20-25 years Distribution System and Equipment ..............8 to 12 1/2 Years Transportation Equipment .................................4 Years Other property, plant and equipment ........... .........10 Years Deferred Cable Television Permit Costs Costs incurred in obtaining cable television permits are deferred and amortized over the lives of the permits, beginning with the dates the system becomes operational. Income Taxes Provision is made for deferred income taxes arising from timing differences in the determination of income reported for financial statement and tax purposes. e n UN/TED CABLE TELEV/S/ON ~~ OF TREASURE VALLEY April 18, 1986 Mayor Grant P. Kingsford City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Mayor Kingsford: Enclosed are copies of United Cable Television's balance sheet, statement of income, and change in financial position for the City of Meridian's portion of United Cable Television of Treasure Valley's operation. The period covered is January 1, 1985 to December 31, 1985. The statements were prepared in conformance with gen- erally accepted accounting principles, and by a Certi- fied Public Accountant. If there are any questions concerning our financial statements, please contact my office. Thank you for the time and courtesies you have afforded me. Respectfully, Wayne H. Watson General Manager WHW:tmk 8400 Westpark Street Boise, Idaho 83704 • (208) 375-8288 t~1I7~ CABLE RT~~SIQJ ~ T VAI~IEY CITY ~' 1~RIDIAN Balvice Stmt December 31, 1985 Cash Accounts receivable, less allowance for doubtful receivables of $590 Prepaid expenses and other assets Investment in cable television system: Property, plant and equipment: Distribution system Land Buildings Vehicles Other Less accumulated depreciation Net property, plant and equipment Deferred permit costs, net of accumulated amortization of $3,902 Zbtal investment in cable television system Zbtal assets L1ABrr.rrr~ Aim DIVISIQJ $~tTI'1'Y Liabilities Accounts payable Subscriber prepayments Accrued liabilities Lease payable Notes payable to affiliates, including accrued interest Zbtal liabilities Deferred income taxes Division equity Retained earnings (deficit) $ 1,469 14,234 2,932 $ 1,142,595 7,873 35,077 21,998 25,298 $ 1,232,841 469,548 $ 763,293 14,672 777,965 $ 796,600 $ 8,784 1,307 34,415 639 1,158,522 1,203,667 4,392 ( 411,459) Zbtal liabilities and division equity $ 796,600 Zhe accompanying notes to financial statements are an integral part of this Balance Sheet. n U~I'1'~ CABZE 7E[EVSIQ~i ~ Tl~AS'~]1~ VAILEY CITY ~' 1~tIDIAN Inocme Statement Pbr the Year ~x]ed Deoe~ber 31, 1985 Revenues $ 334,752 Operating expenses Operating income before interest, depreciation, amortization and loss on sale of assets 204,452 130,300 Other expense Interest expense Depreciation and Amortization Loss on sale of assets Zbtal other expense Net loss before inoome taxes Provision for income tax Net loss 87,159 77,524 979 165,662 ( 35, 362) 1,848 $ ( 37, 210 The accompanying notes to financial statements are an integral part of this statement. il~ll'i'BD CABLE '~rFVrsICri ~' T VAISLY CITY ~ ~RiDIAN Statement of Qsanges in Financial Position Pbr the Year Ended December 31, 1985 SOURCES OF CASH: Operations Net loss $ ( 37,210) Items not requiring cash Depreciation and amortization 77,524 Deferred income taxes 1,848 'lbtal from operations 42,162 Changes in receivables, payables, accruals & other, net 28,658 Decrease in deferred permit costs g9 7.btal sources 70,889 USES OF CASH: Purchase of property,,plant & equipment 51,549 Repayment of debt * 17,099 Decrease in subscriber prepayments 38 Decrease in leases payable 1,752 'Ibtal uses 70,438 Net increase in cash $ 451 * Including accrued interest I~iIZED CABIN 'rRrnsrrsIQ~i ~ TR'BAS[~ VALLEY 1~RIDIAN Notes to Financial Statements Deo®ber 31, 1985 SIM~RY ~ SIQ~TII~ICANP AC700I1~Il~ PrY,IC1F5 Basis of Financial Statement Presentation United Cable Television of Treasure Valley (the "System") is a division of United Cable Television Corporation ("UCTC"). Separate accounting records are maintained on a consistent and uniform basis for each UCTC system. System financial results are based on income and expense directly applicable to each respective system. United Cable Television of Treasure Valley operates franchise agreements which serve the communities of Boise, Nampa, Caldwell, Eagle, Meridian and certain unincorporated portions of Ada and Canyon counties. Fbr record keeping purposes, however, the system is considered as one accounting entity. Fbr financial statement presentation for the City of Meridian, allocations of total account balances for United Cable Television of Treasure Valley have been made on the following basis: Balance Sheet - Based on miles of plant (within the City of Meridian) at December 31, 1985 to-total plant miles for United Cable Television of Treasure Valley. Income Statement - Based on the number of subscribers (within the City of Meridian) at December 31, 1985 to total subscribers for United Cable Television of Treasure Valley. Property, Plant & ~ipment In November, 1981, the Financial Accounting Standards Board issued a statement entitled "Financial Reporting by Cable Television Companies". The system has adopted the provisions of this statement. Depreciation is determined on a composite basis using the straight-line method over the following estimated services lives: Building ............................................20-25 Years Distribution System and Equipment .............8 to 12 1/2 Years Transportation Dquipnent ................................4 Years Other property, plant and equipment ....................10 Years Deferred Cable television parm;t dolts Costs incurred in obtaining cable television permits are deferred and amortized over the lives of the permits, beginning with the dates the system becomes operational. Provision is made for deferred income taxes arising from timing differences in the determination of income reported for financial statement and tax purposes. J ~~ united cabl¢ tQlavision of traasurQ vallQy m T0: Mayor Grant Kingsford, Meridian, Idaho FROM: Wayne Watson, General Manager, United Cable Television SUBJECT: United Cable Television of Treasure Valley Activities' Summer 1985 Through Fall of 1985 We, United Cable Television, want to appraise you of our planned activities for the Summer and Fall of 1985. The following will outline our operating plans: *System Mapping Project -Six to-seven month project -Cost $300,000+ -Identify and map all active equipment -To improve customer service -Increase picture quality -Correct original construction inadequacies *Theft of Service Audit -Inform communities of new state legislation; HB 231; to amend Idaho Code 13-6713 -Perform audit of system -Public Relations Media -Estimate 5$ of passings are illegal -First system audit since construction -Law enforcement support; City and County *New Programming Services -VH-1; Adult music videos -Arts & Entertainment to 20 hrs -Nickelodeon to 24 hrs -FNN to 24 hrs -Disney on stereo -ESPN on FM -Arts. & Entertainment on FM *Increases in operating and capital expenses; 1984 & 1985 -Operating expenses increased $1.378 per subscriber per month -Capital investment of $560,882, (.$300,285) in new extensions or $1.46 per subscriber per month.. We are planning to orchestrate these projects with a sensitivity for maintaining and improving our level of customer service. United Cable Television will be poised to address any and all community concerns. 8400 Westpark Street Boise, Idaho 83704 208/377-2491 Page 2 We, United Cable Television, appreciate your past and future support. Thank you, LVayne H. tlatson General Mar_ager United Cable Television WHW/cas ~o c ;~ ~~ O -c ~ ~ n ~ m !n A ' ~~ Z r !~,~ ~ xmxa r o Z~m~ C ~. ~~ z~am zm . m- :;; ~$'NO r~ w A° ' a a o;,8 a z~oa S ~° o ~ 3 m "" ~ n 3? a~ a ~ y z ° a w~ ~$ s ~. ~ ~ Ai v~ 3 n o 0 o ago m ~' v _ = T ~~~ ~ Z~df »~ ° ~ _ o a~ ~ _ ~3m ; -_ ~ ~ `. ~i - a '< ~I oam Sao ~. . ,~ {7 ~ SO C D c~o ~3w w N ® ~ Y ~~ ~d~ m3m m '~ o' • w aDO ~ . 3n~ m ~W V ~~ ~W 4h /'\ ~HW ~ y W zWa~oc -°C= Zv w~JWZ ~; H~~?O ~ ~ ~a[ZOp' O LLoo~°a y . . J ~ W d ~ N o= o z~zoOcv~ aw \ oJ Z ~~~Zo Oacn¢~ © ~ W W Q}WOE} wgoz"o o ~ Z~~UW~ U r~0~~~= ~ ~mLLQOUN L~L ~ J = ~Z p~V F-w zZ }mow ~~ =~i o(~«a~~o ~~ZW(nQ ~Za~H~~ ~Q(nF--ZQ ~. OcnWCn°Cpw4~ (C~WJQWm .-Ocnaw~~ U~ ~ ~ O z ~ LLaQ o~ ~a~~Q> w ~ xcn~u~ w ~ m J ~ m W~YWaF- O ~ Q w U oC N~ ~ 2 ~(Afn I 1. y W Wa ~~ t~4. ..~ _ _a. • as r ~ ~ ~ O m ~+ P a ~ ~~ * O~ 'a c a ~g~m N ~dLLe~ 'O ~ N ~ O O N V =tea 0 ~ ~ ~ M ~ ~ ~ d ~ y m ~ ` Ct= ~ • ~_ ~a cn eo 0 o a 0 CO ~ ~ ~ m ~ aci i•=~ooa O M d ~ ~ m • O c c m `t ~ H 20tn00 N ~ c ~ .. O O r ~ y~~ ~ ~ d } C d~~~ . ~~ c ~ ~ ~ CN d ~ ~ v m ~ d y united cablQ tQlavision of treasure vall o QY June 19, 1985 Mr. Jim Kimball 602 Willowbrook Dr. Meridian, ID Dear Mr. Kimball: I would like to express my appreciation for your interest in United Cable's service, however we, United Cable of Treasure Valley, have some major obstacles in order to deliver service to your subdivision. The following will explain the major hurdles we have: -Construction of subdivision requires 2,204 feet of trunk line extension the principle delivery mechanism of our service. -Construction within the subdivision amounts to 2.8 miles of cable. -Total investment to construct the area amounts to approximately $41,200.00, (inclusive of time/labor, and materials). In light of the aforementioned United Cable. is not currently planning to deliver service to your residential area. However, we are tracking the area and will consider cons- truction when all lots are 100 occupied. It is unfortunate that we are unable to accommodate your request at this time. If there were any alternatives to reducing our construction expenses, (i.e.; financial support from a developer, homeowners association), we may. reconsider. I apologize for not being able to meet your request in the near future. We will review the data annually, and notify the residents. Thank you for the time and courtesies you have afforded me. Respectively, Wayne H. Watson General Manager WHW/cas cc B. Wilson; UCTV Grant Kingsford; Meridian City Major 8400 Westpark • Boise, Idaho 83704 • (208) 377-2491 r /"\ /~ unitQd cablQ talQVision oftrQasurQVall¢y A9e~~% i~3~g~- A United Cable Television Corporation System C~o~^l ~~ December 22, 1982 A.~~~,,~~ City Clerk City of T~eridian 728 Meridian St. .Meridian, ID 83642 Four years ago, United Cable Television began to implement its commitment to the Treasure Valley to provide a first-class cable television system. During the intervening four years, we have worked hard to fulfill that promise. We have constructed over a thousand miles of cable. Roughly one-third of the homes in our service area have been connected to the United Cable network. ire have constructed the necessary cen- tral facilities, including the satellite-earth receiving stations, necessary to bring a wide variety of programming services to our customers. Tr)e have also strived to regularly expand the services which we provide to our customers. Since we outlined the basic service package to you four years ago, we have added a number of important new features. The Cable News Networks 1 and 2 (24-hour news services), The Weather Channel (24-hour weather information), Tr1GN (the Chicago independent), ABC's Daytime, MTV (24-hour video music programming), and KTRV (Nampa independent station) have all been added to the basic service package. In addition, a number of our original services have been expanded. The U.S.A. Network (sports and family entertainment programming) and C-SPAN (public affairs programming) were originally broadcast on a part-time basis, and both occupied a single channel. Both services have been expanded, and now each service occupies its own channel. ESPN (24-hour sports programming) has become an institutional force in the world of,tele- vision sports; this year, a number of post-season football games will be broadcast on ESPN. WTBS, the Atlanta independent channel is aggressively pursuing new broadcast opportunitites, including a number of important national college football games. For example, the Idaho-Eastern Kentucky NCAA 1.-11A quarterfinal championship game was recently broadcast or,Y~]TBS- 8400 WestparkStreet Boise, Idaho 83704 208/377-2491 .fr y . ~~ ~~ Page 2 These services have been added without additional charge to our customers. ;ae ho_pe in the future to be able to continue to improve our product. We have not proposed a rate change in the four years that have elapsed since the present franchise ordinance was adopted. During that same period, the rate of inflation has exceeded 35 percent. Most businesses have raised their prices commensurately to try to keep pace. We have kept our prices at the same level during these years in order to give the maximum number of people in this area the opportunity to experience cable television at our original rates. At this juncture, however, we are no longer able to absorb our rising business costs. Our most recent financial statement, which was filed with the city earlier this year, clearly shows that we continue to experience financial losses in the operation of the system. tae are attempting to improve this situation by attracting new customers. Even the most optismistic projections of subscriber growth, however, will not be enough to completely stem the losses. Unfortunately, we must make up the di~ference with increased rates. Accordingly, I am enclosing and filing herewith our revised schedule .of rates and fees. Under section 10 of our franchise ordinance, these rates and fees may take effect in 60 days if the council does not act to disapprove. t^?e believe that the rate increases are not only necessary, but are extremely fair. The key change is a 6.3 percent increase in our monthly rate for basic services, from $7.95 to $8.45. rZost of our customers also need a converter terminal to receive all of the basic channels, and the monthly rate for rental and maintenance of this unit is likewise to increase 7.5 percent from $2.00 to $2.15. The total monthly rate for most basic subscribers will therefore increase from $9.95 to $10.60, or 6.5 percent. Our other monthly rates are scheduled to increase propor- tionately. In addition, our one-time installation charges are increasing to more closely match our actual installation costs. You will notice that the new schedule of rates and charges does not include rates for special premium services (those for which we make an additional charge beyond the basic service charge). This is because of a federal court of_ appeal's ruling that "FCC preemption has rendered invalid price regulation on special pay cable programming "Brookhaven Cable TV, Inc. v. Kelly, 573 F.2d 765 (1978). v ~ ~ ~~ Page 3 ~~ The fact is that we are in a decidedly competitive business. With 5 good-quality TV stations in the area broadcasting over the air, plus dozens of movie theaters, several newspapers and magazines, and regular performances in the Pavilion and other halls, the consumer has a wide variety of entertainment and infor- mation at his disposal. It is likewise true that, since about one-third of the homes in the people have decided that those other well enough. We are well aware that too high, or even our limited market from us . we are hooked up to only valley, two-thirds of the media outlets satisfy them we must not raise our rates will not continue to buy In such an environment, the wisest and most effective deter- mination of prices for a product or service is made in the market, by the business that provides the product or service. We look forward to a continuing and successful relationship with the people of the Treasure Valley, and we renew our pledge to strive to provide your citizens with a first-class cable television network. Sincerely, David P4. Reynolds General Manager n UNITED CABLE TEr~IISION OF TREASURE VALLEY Maxim Rates and Fees to Subscribers I. Single Residential MaX1I[ll]m Rates and Charges A. Installation Charges within established service area. (1) Installation of new primary TV or FM outlet through outside wall or crawl space $ 35.00 a) Additional charge to fish cable through an interior wall $ 20.00 (2) Reconnection of existing outlet $ 25.00 (3) Additional outlet (TV, FM, or ~~'PR) a) Installed at the same time as other work for which an installation charge is made $ 10.00 b) Installed alone $ 20.00 (4) Relocate an outlet a) At the same time as other work for which an installation charge is made $ 10.00 b) Relocation only $ 20.00 (5) Change frc~n one level of service to ~~~' $ 20.00 (6) Transfer from one address to another $ 25.00 (7) Converter terminal deposit $ 25.00 B. P~nthly Rates - Basic (non-premium) Service (1) Primary TV or FP'[ Outlet $ 8.45 (2) Additional Outlet (TV, FM, or VTR) $ 2.65 (3) Basic converter terminal rental and maintenance $ 2.15 (4) TV dealer or licensed service shop One drop to feed all shop outlets Free .,. •- ~-., Maximum Rates and Fees to Subscribers Page 2 II. Multiple L~aelling Unit Rates - where a ccxnplex contains at least 10 units, all of which are served, and service charges are billed to the c~rplex owner under a service contract. A. Installation Charges Time & rlaterials (Cable r~na.ins property of cable company) B. Monthly Rates - Basic (non-premium) Service (1) Apartments (monthly unit rentals) 10-49 outlets (each) $ 5.75 50-99 outlets (each) $ 5.50 100 outlets and above (each) $ 5.25 (2) Hotels and r'btels (daily room rentals) 10-49 outlets (each) $ 2.50 50-99 outlets (each) $ 2.25 100 outlets and above (each) $ 2.00 (3) Converter terminal rental. and maintenance (each) $ 2.15 (Owner of oonplex is responsible for safe- keeping of converter terminals) III. City Governmeslt and Educational Institutions - within established service area, one outlet at each building Free IV. Premium Television Service and other services not other- wise specified herein. Not regulated by City V. Lost or Damaged Converter Terminal A. Repair of a converter terminal damaged through neglect or abuse by the custcaner, normal waar excepted $ 5f?.00 B. Replacement of lost or stolen converter terminal $200.00 VI. Miscellaneous Charges and Credits A. Late Fee if payment is not received by date shown on the customer's statement 50 of Balance B. Returned Check $ 10.00 C. Collection Fee if disconnection for non-payment of a bill has been ordered and the servicemen receives payment of the outstanding balance in lieu of actual disconnection. $ 15.00 D. Unwarranted Service Calls, in the event a service- man is called to a customer's house and can show that the coup laint is not related to cable TV service $ 15.00 E. Prepayment of 1 Year's Service Charges loo full Credit c n united cablQ tQlQVision of trQasurQ valley A Unibd CabN Telairhion Corporation S~rstem November 1, 1982 Ms. Luwanna Niemann, City Clerk City of Meridian 728 Meridian St. Meridian, ID 83642 Dear Ms. Niemann: I am pleased to forward our check in the amount of $9,294.47. This represents payment to the City under our franchise for the portions of our second and third years of operation falling within the last anniversary year of the franchise. Sincerely, David M. Reynold General .Manager cc: Mayor and Council 8400 WestparkStreet • Boise Idaho 83704 208/377-2491 ,. united cablQ tQlavision ~~ co oration rP October 27, 1982 City of Meridian Meridian, Idaho Dear Sir: Enclosed is our check in payment of the franchise fee owed for the period covering October 1981 through September 1982. In com- pliance with our franchise agreement, this amount was calculated as follows: Gross Subscriber Income (10/81-6/82).........$ 186,301.55 Tax Rate ................................... 4~ Tax Due .................................... 7,452.06 Gross Subscriber Income (7/82-9/82)......,... 61,413.60 Tax Rate ................................... 3~ 1,842.41 Total Tax Due ..............................$ 9,294.47 Sincerely, UNITED CABLE TELEVISION CORPORATION ~~ ~~ Pat Smith System Accountant PS/<~l_s Enclosure: Denver Technological Center • 4700 South Syracuse Parkway • Denver, Colorado 80237 • (303) 779-5999 unitQd cablQ tQlQVision of trQasura vallQy A United Cable Television Corporation System Ms. Luwanna Nieman, City Clerk City of Meridian,:; 728 Meridian St. Meridian, ID 83642 Dear Ms. Nieman: April 14, 1982 I enclose the financial statement for United Cable Television of Treasure Valley as required by our franchise with the City. Please let me know if you should have any questions. Sincerely yours, David M. Reynol s General Manager 8400 Westpark Street Boise, Idaho 83704 208/377-2491 /~ Unaudited UNITED CABLE TELEVISION OF TREASURE VALLEY .. City of Meridian Balance Sheet December 31, 1981 ASSETS Cash Accounts receivable, less allowance for doubtful receivables of $1,778 Prepaid expenses Investment in cable television systems: Property, plant and equipment: Distribution system $ 959,570 Land 7,203 Buildings 33,917 Vehicles 16,709 Other 26,912 1,044,311 Less accumulated depreciation (82,891) Deferred permit costs, net of 961,420 amortization of $913 12,565 Other 72 Total investment in cable television systems Total assets LIABILITIES & DIVISION EQUITY Liabilities Accounts payable $ 9,550 Subscriber prepayments 1,713 Accrued liabilities 14,023 Lease payable 8,242 Notes payable to affiliates including accrued interest of $160,?q4 1,068,963 $ 3,914 8,177 3,181 974,057 989,329 Total liabilities $ 1,102,491 Division equity (113,162) Total liabilities and division equity $ 989,329 The accompanying notes to financial statements are an integral part of this balance sheet. • ~ T''ludited UNITED CABLE TELEVISION OF TREASURE VALLEY City of Meridian Income Statement For The Year Ended December 31, 1981 Revenues $ 223,765 Operating expense $ 98,226 General and administrative expense 49,217 Total operating and general and administrative expense 147,443 Operating income before interst, depreciation and amortization 76,322 Other income (expense): Interest expense (109,679) Interest capitalized during construction 6,964 Depreciation and amortization (52,231) Total other income (expense) (154,946) Net income (loss) before income taxes $ (78,624) The accompanying notes to financial statements are an integral part of this statement. ~ /~ UNITID SABLE TELEVISION OF TREASURE VAL,.yY (An Operating Division of United Cable Television Corporation) City of Meridian `~ Notes To Financial Statements, December 31, 1981 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of Financial Statement Presentation The United Cable Television of Treasure Valley System (the "System") is one of a number of operating divisions of United Cable Television Corporation ("UCTC"). Separate accounting records are maintained on a consistent and uniform basis for each operating division. To the extent practicable, the records of each operating division are based on income and expense directly applicable to the respective operating division. This statement for the City of Meridian was prepared by allocating a portion of the balances for United Cable Television of Treasure Valley, as follows: Capital Costs - based on miles of plant to total miles of plant at December 31, 1981. Operating Expenses - based on total revenues for the year ended December 31, 1981. Property, Plant and Equipment In November, 1981, the Financial Accounting Standards Board issued a Statement of Financial Accounting Standards entitled "Financial Reporting by Cable Television Companies". The System has adopted the provisions of this statement. Pursuant to the statement, the System is capitalizing a portion of the operating expenses incurred prior to the completion of construction of the system (prematurity period). Expenses capitalized during the year ended December 31, 1981 totaled $922.00 and are included in distribution system in the accompanying balance sheet. Depreciation is determined on a composite basis using the straight-line method over the following estimated service lives: Buildings 20 - 25 years Distribution systems and equipment 8 - 12 1/2 years Transportation equipment 4 years Other property, plant and equipment 10 years During the prematurity period, only a percentage of the straight-line amount is expensed. based on the fraction of average subscribers expected during each month to total subscribers expected at the end of the prematurity period. Total depreciation for the year was $51,615. Deferred Cable Television Permit Costs Costs incurred in obtaining cable television permits are deferred and amortized over the lives of the permits, beginning with the date the System becomes operational. Total amortization for the year was $616.00. CERTIFICATE n •• The undersigned, being duly sworn, hereby deposes and says: 1. That he is the Controller of United Cable Television Corporation and a Certified Public Accountant. 2. That the attached Financial Statements for-the City of Meridian, ID. (a portion of United Cable Television of Treasure Valley (the "System")) for the year ended December 31, 1981, present fairly the financial position and results of operations for this period, to the best of his knowledge and belief. _ 3. That the above mentioned statements were prepared in conformance with generally accepted accounting principles. 4. That, although not possible to identify each capital cost or operating expense in the entire system as benefitting a particular municipality, the allocations of capital costs and operating expenses were prepared on the basis of criteria generally accepted in the cable television industry as representative of the applicable parameters involved. ( `, > / `` ' STATE OF COLORADO ) ss COUNTY OF DENVER ) Randy W. Sanders Subscribed and sworn to before me this /3 'day of April, 1982. otary Pub is My Commission Expires: /~~~ ..~ / 7'~3 ~~ i ~ ~~ '' ^ ~. TOWN OF MUNSTER CABLE TELEVISION QUESTIONNARIE 1. Name of person completing survey 2. Name of Municipality CITY OF MERIDIAN, IDAHO 3. Location of Municipality 4. Does the above firm have a cable television franchise awarded to your community? Yes x No 5. When was the franchise awarded? 4.7.69 6. Have they fulfilled their franchise obligations to their customers? Yes X No and to your community? Yes X No 7. Have the original rates been increased? Yes See * No If yes, please list amount and date SeP C~MMFNTS 8, After the franchise was awarded, when did construction begin? Construction Started: Month February Year 1980 First Hook-Up: Month June Year 1980 ~y_stem Completion: Month P1ay Year 1980 9. Is use of the community access channel encouraged by .the franchise holder? Yes No Please explain 10. Would you recommend this company? Yes X No 11. Cormdmen~ s: Original Franchise Agreement signed with Livingston Oil Company.4.7.69 * Price Change by Ordinance #244 passed 11.5.73 Attached Amended Ord. 180 Franchise PJame Change to United Cable Television Corp _ * Price Change by Amended Ord #180 passed 9.25.78 Attached Pages 102 & 103 LaWana L. Niemann, City Clerk Meridian, ID 83642 There have been no complaints from the residents of the City of P~eridian,ID ~ ~ ~ ~~ Town of Munster January 25, 1982 Mayor Joseph Glaisyer City of Meridian 728 Meridian. Street Meridian, ID 83642 Dear Mayor Glaisyer, The Town of Munster, Indiana, is currently considering United Cable Television, for a franchise to serve our residents with cable television. They have provided us with the name of your municipality as one in which they have received a franchise. It would be most helpful if you would complete the enclosed questionnaire regarding their performance. Your response will be an important part of the analysis of United Cable's proposal. Your cooperation will be most appreciated. Sincerely, G~i , ~~~~~ George Sideris, President Board of Town Trustees GS: jmr enclosure 805 Ridge Road, Munster, Indiana 46321 (219) 836-8810 aF= c i_s LAWANA L. N!E4 r ~ Y, r~ity C erk OLS, Ch et of ,"o~!ce ~sRUCc,, a?,WatetM<Ork38Up'.. uC -'d O. F~"ZGRALD, Attorney `.~'vER WELKER, Flre Chief ~r,`iL WARD, Was~a Water Supt. r~ ~,.~ ~^~ ~`ood "-ace to ?.vc~ '~ ~+ _s. _ y '~.° ~ .. ~.~...... t, _L.~_...C._r"." :3:;42 i hone 1333-44?3 30SL'PI-I L. GLA_SY~.R Mayor !~ovember ? 3, ? 98? Ted Arno?d Construetion Ccm an ~-~~?{ ~ t p y die cab,e e?evisicn + system in our comma^ity. We were p?eased with the ?eve? of expertise and we were extreme?y sai:sfied with their safety aract?_ces and coordination with the u~i?ides. COUNCILMEN RICHARDC. W1lLlAMS GRAuT P. KPNe>SFORD EtlLL BREVrER RICHARD F. OR70N, JR. DON,~LD L. 5MARP Chalrman?oninp & Plannlnp Cur City Na?l received virtua??y no comp?aims and/or questions from our residents concerning the~verhead instal?anon of the cab?e to?evision syste~c. i~~~ i~C c Joseph L. G?aisyer N~``v~1!~ .... ~+ L~ '~i~.R,?DIAN, ?'?ANO Jerry Deckard -~ 5~ , abl~~ision ~ w 21 North 8th Street, P$yette, Idaho 83881 Phone: (208) 842-9088 s ~'`~ ~ TO WHOM IT MAY CONCERNS i Ted 'Arnold Construction Company built the cable television system in our community. We were pleased with the level of expertise and we were extremely satisfied kiith their ~af~ty practices and coordination with the utilities. Our-City Hall received virtually no complaints and/or Qv~, questions from. our residents concerning the installation of the cable television system. ~N ~;-n ~~~ ~ Q ~Cti''~' ,. G o-~-y ~~ r~ ~~ .~ ,~ ~,, ~,:R ,_ £ ~~w.".. - o~ ~: dEPi ~. .'~4 !9~~;WC~. ,~ _ e ~4, B AA~Di R ~ .m^>a . .R~? : ~'" ~'~".~ '~E!.~Y3~u®d'E ~'-rJ~'S~t~r~¢°i!'?~ ~e1la~~'"` f A ~° ~ vy o~ N~.era:d~ an Dear.~~ ~~eman: ' ~- ~ ? h~ am ~'_~asec? to e~c~~a~ e o„r cnAc't ~^ '~.~.P ~..mc,,~~,,r, o¢ $642.72. „ ¢~ `r'h?..5 rep?-e;~e~ ~~ ,_~aVr,Or-_i` ~~-, _rae ,~~ -%-ti, ,rir{~~ w O'~_.~ _rc.-.~`1.y~,. :x'Or ~~"?Q ~ : ~ATs.t'.~? "~'2"_S ?~8.~%IT(eZl.t~ u.''1C? h~re~f.~ ~"ri`.W~' Tn7."~'_.'~. ~?~' _L>c~. y~_?~.CJ O'? c'1 ~rarcn~~e ~,_.'~ ._~.~rsary ve~.r _ :~~. -'per ~_h~.n. ~~~__. _;.c< r -n-~.:~° ~~<~.s~.~, ~.s a.~x~ear~ '`O F_ , ._ ~°"'„wreQ ?Yy S _. E, C' ~m0'1 ,~ C>~ ~°.~ .r_l..u'"'^ ?~_ti O C>r<r^~.S3.C~'. ~;a., v, «. ^' ~.c:se l ~?-F ?T1C-' .'~~!OW /.f ~7C+1? ''1~?V~'. cr~:" ~f~eS~'°"zaOX°' e A ~+ _ '~ - p / ` ...+ ~ f ~ ~ _ ;' _.. v ~i Y ~. ~..; l .4 0.d 5~., Y'~ Y~42' 3 ~:'S~!`~s°A °~^~f'.,.A R~: '°}°."^T ~ ry/?. q,1 /wp, ~q_n'/~!, 1F '~ ~ r1 ~ _ ~ _ ~., - - .. - - - - ~c- _ .. ~,~- - _ ~~~. .. _ ha ;r ~ aTJf' <. w~acr m ~`~ a ar J~ro'~ r,r~,, ~~~rr, _,lpp„d, Envy ~rC'~ Y,y rt.ti-~r'e2a rte, :s°~, ~., ~ f " r ~s^%r..~: am!ee±~ ~- ~^'~,:• ,`. °~*- ~. "~ `9- PAYAl7.~~'"~OLGU E F.rs: h~.:onr! ^n„h o' Denver . Denver. Co'OraUO 80217 . . _ Y", ,. .. .- ~~ n _; .. a ~. ..,. ,~'~" ~.~~~'I C~ `=wt ~^+ '~'~~ t~ ~ l y^ ~ r°•, %W~ ~~~ ~' .~ ~'.p=-'"7 ~ f ~ ~ {' ~• r A r« ~ 4 ~. ~. 1 ~ ~' ,~ _~ ~ F r~Y ~ ~ , .. ,.. `al3+9P7~' .'`ALE Tg-taker ,ha,,g CC?ft?f~RP~~-4°J~ _~ _;~~ i i i /j~ ,' ~ ` 1 J ~._ 0' '~ e~Wl ~1 ~~(v~J~~~ff~ @OI s ~g .Qty _. - fltiuG~ICENQ. '>A':'E VOUC~t -° °cF. i ? X ,1 ..€.."i _'_. ~ i AFd.^I ".!T 1 ~_ /~/~' i! t 9'. ~'r'd.r].C~'a`SE? ?J~.~,~'i~l.~"?.~ ..,-~~ ~'ra~'3t;~ y'V = ~G` ~~~26.7~ ~~-p '£d, ~{ -~- .-. .-~ ur~i#QC ~~i~ t~i~~ri~ia~ €~f ~ --~~~~ar~ v~ii~~ A United CabBe TeEevision Corporation System September 11, 1981 Mayor Joe Glaisye_r City of Meridian City Hall Meridian, ID 83642 Dear Mayor Glaisyer: CE;' 14 1981. We have discovered that, due to a misunderstanding or. the part of our accountant, the calculation of our franchise pay- ment to the City for 1980 was based on actual receipts from customers rather than gross revenues billed, ~~; the franchise ordinance appears to require. ~ccordz,*?uly I a.m pleased to encio_=e a check in the amount of $141.00 as a supplemental ?_980 franchise payment for the difference. _ Very truly yours, 1 - ~ David r'!. Reynolds General Manager •• ~ ~ i`~ / #~obert ~..rueger-president and General ~~1 ~ .~ er ~~ ~~'~~ p 0. Sox 7 • Boise • Idaho 33707 • f203) 375-7277 June 11, 1979 Federal Communications Commission 1919 M Street, N. W. Washington, D. C. 20554 RE: CSR-1508 Gentlemen: There is presently pending before the Federal Communications Commission a Proceeding for Special Relief filed by Idaho Video, Inc., Jerome, Tdaho, on March 1, 1979. .The proceeding seeks the. Commission's consent to add the signals of television stations KIVI-TV, Nampa, Idaho, and KBCI-TV and KTVB, Boise, Idaho, on the Jerome cable system. An opposition to Idaho Video, Inc.'s request was filed by the KLIX Corporation, licensee of KMVT(TV), Twin Falls, Idaho, on April 2, 1979. KLIX's opposition contains an affidavit filed by Douglas G. Moore, General Manager of KMVT, which states, Inter Alia, that: "Jerome subscribers do receive Idaho based pro- gramming from KMVT. KMVT has working arrangements with KTVB and KBCI in Boise to present important capital city news to Magic Valley viewers .... KTVB provides KMVT with direct live feeds of im- portant gubernatorial speeches and events." Mr. Moore's statement has been bothering me, and I asked Mr. Sal Celeski, our Executive Director for News and Special Affairs at KTVB, INC., to review his remarks and furnish me a statement outlining the supposedly working agreement with the KLIX Corpora- tion, the licensee of KMVT Television, Twin Fa11s, Idaho. Attached is a copy of Mr. Celeski's statement directed to me as President and General Manager of KTVB, INC. I respectively re- quest that my letter and Mr. Celeski's statement, Exhibit 1, be 2 Federal Communications Commission -2- June 11, 1979 associated with the Commission's records in the Idaho Video, Inc. special relief proceeding. REK/ap Enclosure Ver m y yours, G. . Robert E. Krueger President & General Manager KTVB, INC. y ~~~ `~' ~LG~~'~--- ~.., v ~/ ~l ~" l l cc: Mr. John P. Southma.yd Fisher, Wayland, Southma.yd & Cooper ~'~'~'~ F O. Box 7 • Boise • Idaho 83707 • (208) 375-7277 Robert E. Krueger President & General Manager IfiI'VB Television Boise, Idaho Dear Bob: June 6, 1979 I~I'VB-'I'~ has no formal ... or informal working agreement with KLIX Corporation to provide..."Important capital city news" to KMVT Television on a regualr basis. On very rare occasions, KTVB News has made available...the right to relay its LIVE signal...of a spot news event. A case in point, was the August 21, 1978 .arrival of President Jimmy Carter at the Boise airport. As you know, we telecast that event LNE and we offered it to KMVT and to KIF''I in Idaho Falls...at no charge...in the public interest. However, such permission has been granted on a case-by-case basis and pertains o-~. to LIVE telecasts. We have been approached by members of the KMVI' News Department and by the General Manager of KMVT, regarding the prospect of working out an agreement, regarding the content of our daily newscasts. In all cases, I stressed that no such agreement was in effect with the ICIi7B News departirent . Whats more, wren the General Manger of KMi1T told me it was his understanding that KMVT & I~I'VB did have sane sort of arrangement, I informed him to the contrary. I specifically told him any such agreement would have to be negoiat- ed with the management of I~1'`TB and that I wr~uld personally advise against it. As a result, as you know, we have no formal or informal working agree- ment...or understanding with KMVT Television, to utilize or re-broad- cast segments or portions of Id.'VB News or Public Affairs programs. Sincerely yours, Sal Celeski Executive Director News & Special Affairs RI'VB Television CERTIFICATE OF SERVICE I hereby certify that on this 25th day of June, 1979, I have sent by first class mail, postage prepaid, copies of the attached June 11, 1979, letter from Robert E. Krueger, the Presi- dent and General Manager of KTVB, Inc. to the FCC (In re CSR- 1508) to the following: McKenna, Wilkinson & Kittner 1150 17th Street, N.W. Washington, D.C. 20036 Counsel, Futura Communications Corporation (KIVI) City Council City of Parma Parma, ID 83660 Haley, Bader & Potts 1730 M Street, N.W. Washington, D.C. 20036 Counsel, The KLIX Corporation Station KAID Boise State College 1910 College Blvd. Boise, ID 83725 City Council City of Boise Boise,. ID 83701 City Council City of New Plymouth New Plymouth, ID 83655 City Council City of Emmett Emmett, ID 83617 City Council City of Garden City Garden City, ID 83704 Dow Lohnes and Albertson 1225 Connecticut Avenue, N.W. Suite 500 Washington, D.C. 20036 Counsel, Eugene Television, Inc. (KBCI) City Council City of Fruitland Fruitland, ID 83619 City Council City of Caldwell Caldwell, ID 83605 City Council City of Meridian Meridian, ID 83642 City Council City of Nampa Nampa, ID 83651 City Council City of Nyssa Nyssa, OR 97913 Cole, Zylstra & Raywid 1919 Pennsylvania Avenue, N.W. Second Floor Washington, D.C. 20006 Attorneys for United Cable TV Corporation J ^t. !1 ~ '' ~ ~'. .,. Kathi P. H iser LAUREL E. ELAM ~I888-1974) CARL A. BURKE (1898-1961) CARL P. BURKE KARL JEPPESEN B LAINE F. EVANS PETER J. BOYD ROBERT J. KOONTZ M. ALLYN DING EL, JR. JOHN 5. SIMKO JACK S. GJOR DING LARRY D. RIPLEY JOHN MAGEL DAVID B. LINCOLN PHILLIP M. BARBER ROBERT S. ERICKSON City. Clerk City Clerk's City Hall f ~ ~' ' SLAM, BURKE,.~EPPESEN, EVANS AND BOYD ~~ '~~ ATTORNEYS AND COUNSELORS AT LAW RICHARD C. MEL LON, JR. SUITE 1010 BANK OF IDAHO BUILDING ROBERT M. TYLER JR. JAMES D. LnRUE POST OFFICE BOX 1559 MERRILY MONTH ER IDAHO 83701 $OISE EDWARD W. RICH , RAN DALL A. PETER MAN TELEPHONE 208-343-5454 WILLIAM J. RUSSELL MICHAEL A. VAN HORNE CABLE-EBJEB JEFFREY L. SUPINGER DANIEL L. POOLE KAYE L. O'RIORDAN October 17, 1978 Office Meridian, Idaho, .$3642 RE: United Cable Television, Inc. Dear Sir: This firm represents United Cable Television, Inc. On behalf of United Cable Television, Inc., we hereby accept the franchise passed by the Meridian City Council and we hereby formally notify you of our acceptance. The appropriate bonds required by the franchise ordinance should already be on file. If not, please let us know. Sincerely, ELAM, BURKE, JEPPESEN, EVANS & BOYD William Russell WJR:ha ~. i ~ ~~~~ ~ -~~~1~~ //,,,, G . ~ ,. ~rben t~. ~OOII~~1~ ~3u~t300 weber ~Jattep ~anb ~lOg. ~ittornep & QCounseltor at dam 2910 ~agi)~ngton ~oulebarD ®gaen,?bitafj B~t~Ot 801 /621-1585 March 23, 1978 Ambrose, Fitzgerald & Crookston Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Attention; John 0. Fitzgerald ' RE: Meridian Cable.Televsion Franchise Dear Mr. Fitzgerald: On January 3, 1978, we met with: the Mayor and.. City Council at which time a resolution was passed directing us to negotiate with the City Attorney concerning a cable television franchise. Mr. Crookston was present at that meeting and I.talkedwith him thefollowing day, On February 6th I again met with him to discuss the matter and. give him materials which we had discussed on our previous meeting so that preparation of the proposed franchise could begin.. In February I received a letter. from him dated February TO indicating that all contact with regard to this maater must be made directly to you. so I presume you now have the files and material. I was in Meridian and dropped by your office on March 21, 1978, but un- fortunately you were busy at the time so I was not able to discuss this matter with you or see what had been done but we are anxious to proceed with this matter and believe it could result in benefits and revenue to the City of Meridian. If there is any question you have concerning this matter or any problems that may have arisen it would be appreciated if you would communicate them to meat your earliest possible convenience to enable us to observe the mandate of the resolution... of the. City Council. Mr. Garner and I have arranged to meet again with the City Council on this matter on Agril 3 , 1978, If you have some written proposals. ready you can either. mail those to me or we can meet before the City Council Meeting. If you desire such a~meeting may I suggest Monday afternoon at about 3:00. If this is agreeable, please confirm at your earliest convenience. AEC : j is cc• Don Storey Very .truly yours, Arden E. Coombs .. .. .. ~ffiu of ttje Qlkrk ~ttitaD ~ixtes Glourt cf ~eals fm ~Te ~intl~ ~iirutit ~. ~. Maur! of ~A},pseb ,uca ~nst firs ~uitaixg 79t i4c ~Blissiaxc ~Stscety ~.~. ~tnx 547 o$~ ,~rxraisra, Qlaliforttix 94101 June, 20 , 197 5 Howard I. Man~A~eiler, Esq. Suite 1 - Imperial Plaza ?_00 North 3rd Boise, Idaho 83702 Re : Nos . 75-17 ?9) - TREASUP.E VALLEY CATV COMMITTEE v. USA & FCC 75-145) - UNITED CABLE TELEVI3ICN CORP. v. USA & FCC j~gr Sir, FCC #75-79 and.75-1216) On June 13, 1Q75 I received the record from the United States Fcc in the above entitled matter. Please send us the following amounts: Note: UnleBS you are a member of the Bar, certified check or~mbney order. ( ). Docket fee(s) PAID ( ) Clerk's fee $15.00 please send a Payable toi CLERK , U.S.COURT OF APPEALS Your check .or money order for the above feels}.should be made payable to "CLEEK, U.S. COURT OF APPEALS.°' ( ) Reproduction cost .$64.00 payable to: CLEO'S COPY SERVICE This cost covers the required four (4) sets of the pleadings and two (2) seta of the Reporter's Transcripts. First counsels of record will each receive one copy of pleadings. If either counsel desires a copy of the Reporter's Transcript, it will be necessary td par an additional 0 Make your checle payable to CLEO S COPY SERVICE. Failure to send the above payment(s~ within seven days will be sufficient reason to send the ease to the court for dismissal without further notice. The appellants brief is due to be filed~on or before Suly 30,1975 Very truly yours, Emil E. Melfi, Jr.,Clerk vlt '~ ~O `' cc: See attach~•d. By: Vivienne L. Thompson Deputy CO 68 1/8/75 ~ r -- 2 - 75-17 29 and 75-?_145 cc; John P. Southmayd, Esc;. _ FISHER, V7AYLAND, SOUTHMAYD & COOPER 1100 Connecticut Ave., N.W., S. 730 Washington, D. C. 20036 Messrs. Wilkinson, Cragun & Barker 1735 New York Avenue, N.W. Washington, D. C. 20006 Messrs. McKenna, Vilkinson & Kitter 1050 - 17th St., N.W. Washington, D. C. 20036 Messrs. Cole, Zylstra & Raywid, . 2011 Eye Street, N.W. Washington, D.C. 20006 Chief Litigation Division, FCC Attn: John E. Ingle, Esq. Ashton R. Hardy, General Counsel Washington, D.C. 20554 U. S. Attorney General U. S. Dept. of Justice Constitution A~penue & John Marshall Pl.,N.W. Washington, D.C. 20001 Thomas E. Kauloer, Asst. Atty. General Carl D. Lawson, Asst. Chief Appellate Section - Anti-trust Division U. 5. Dept. of Justice Washington, D.C. 20530 Roger E. Zulstra, Esq. COLE, ZYLSTRA & RAYWID 2011 Eye Street, N.Pd. Washington, D.C. 20006 Hon. Don Storey Chairmain, Treasure Valley CATV Commission City of Meridian 7 2£3 Meridian Street Meridian, Idaho £33642 1 rti ~ffirs of the ~Ilsrh ~nitrD d$tates 42nur! of ~pexls far the ~inth ~irc~tit ~. ~$. Qluurt sf peals anD ~lsat l~ffics ~uilDing 7~i & ~fliseinn ~itrssts, ~.~. ~nx 547 e4ax ,~rancisco, Qlalifor:sitt 941D2 June 20, 1975 NOTE: ONS of the four copies of the record is .for counsel for the appellant. ONE is for counsel for the appellee. TWO '.are for the Court. If mare than one counsel represents appellee(s), please indicate BY RSrSURN FAIL NCH COUNSEL IS TO RB~CEIVE THIS COPY OF TH8 RECORD. UNLESS T~]B ARE NOTIFIED BY COUNSEL TO DO OTIISRWISR, APPELL' S COPY OF THE RI9CORD SPILL SE SENT TO: Chief, Litigation Division e era Communicata.ons .Commission Attn: Ashton R. Hardy, Gen. Counsel Jonn E. Sng e, Lsq. Washington, D. C. 20001 Additional copies of the record are available at an estimated cost of $ 16.00 each. Please send your checks (made payable to "OLEO'S COPYING AND PRINTING SERVICE") to this office IMiKEVIATELY. /"` /'~ m#$~ #tt#es tllmzr# n£ uttls ~~ TENTH CIRCUIT OFFICE OF THE CLERK DENVER, COLORADO 60202 TELEPHONE HOWARD K. PHILLIPS ~ - 903-837-31$7 "ER" April 29, 1975 To: All Counsel Re: No. 75-1216 United Cable TV Corp. v. U.S.A. and FCC Gentlemen: Enclosed is a copy of an Order entered today in the .captioned cause. 1 Yo ~~ very truly , ' ~ ~ // ~ .. :OWA~ K. H LLIPS ~ Clerk ;~ amc Encl. cc: Roger E. Zylstra, 2011 Eye St., N.W., Washington, D.C. 20006 Ashton R. Hardy, General Counsel; Joseph A. Marino, Assoc. General Cnsl; John E. Ingle, Counsel, Washington, D.C. 20006. Messrs. James A. McKenna, Jr., Thomas N. Frohack and Steven A. Lerman, 1150 Seventeenth St., N.W., Washington, D.C. 20036 John P. Southmayd, Fisher, Wayland, Southmayd and Cooper, 1100 Connecticut Ave., N.W., Suite ?30, Washington, D.C. 20036 Messrs. Glen A. Wilkinson., Leon T. Knauer and H. Michael Semler, Wilkinson., Cragun and Barker, 1735 New York Ave., N.W., Washington, D.C. 20006 n Storey, Chariman, Treasure Valley CATV Committee, City of Meridian, 728 Meridian St., Meridian, Idaho 83642 Attorney. General of U.S., Dept.. of Justice, Constitution .Ave. and John Marshall Pl., N.W., ~lashington, D.C. 20001 McKenna, Wilkinson and Kittner, 1150-17th St:, N.W., Washington, D. C. 20036 ~ ~ ~+ MARCH TERM - APRIL 29, 1975 'Before Honorable David T. Lewis, Chief Judge, and ~ionorable Robert H. 1~?ctailliams, Circuit Judge UNITED CABLE TELEVISION CGRPORATION, ) Petitioner, ) v. ) No. 75-1216 UNITED STATES OF AMERICA and ) __r„__~;ERAL COMI~LTNICATIONS CON~MISSION, ) Respondents. ~ This matter comes on for consideration of the motions to intervene filed on April 7, 1975, by Boise Valley Broadcasters, Inc., on April 23, 1975, by KTVB, Inc., and on April 25, 1975, by Idaho Television Corp. . Upon consideration whereof, the motions for leave to intervene are granted. ~.1.cL.n HOWARD K. PHILLIPS CLERK .1 ~nc~E~ ~#~#c~ (~rxatr# ~£ cE~ TENTH CiRCOIT OFFfCE OF THE CLERK A69 UNITED $Ta7ES COURTHOUSE 1?EFIYLR. Got_oRaDO 80202 March 28, 1975 ~ ~ T~ TS4EPItONE 8A$.A37-3157 Roger E. ,Zylstra Cole, Zylstra & Raywid Attorneys at Law 2011 Eye Street, N.W. Washington, D.C. 20006 Re: No. 75-1216, United Cable Television Corp.,` v. U.S.A. & FCC Dear Mr. Zylstra: We have docketed the captioned case. and filed the petition for review. therein. Enclosed is a form for your entry of appearance as counsel for the petitioner. A similar form has been provided to counsel for the respondent, A copy of the. petition for review has been sent by first class mail to Joseph A, Marino, Chief, Litigation Division, Federal Communications Commission, Washington, D.C. 20554 and to the Attorney General of the United States Department of Justice, Constitution Avenue and John Marshall.. Pleace, N.W., Washington, D,C. 20001. This action will can- stitute service of the petition, A statement is also enclosed for the $50,00 docketing fee. Pursuant to Rule 14 (b) of the .local rules., if the fee is not paid within twenty days of today's .date, your case will be dismissed without further notice, Very truly yours, HOWARD K, PHILLIPS, Clerk `~~ Deputy C~lsrk mas- y .Roger E. Zylstra No, 75-1216 Page two March 28, 1975 Carbon copies: Fisher, Wayland, Southmayd ~ Cooper, Attorneys at Law, 1100 .Connecticut Avenue, N,W,, Washington, D.C, 20036 Wilkinson, Cragun & Barker, Attorneys at Law,. 1735 New York Avenue, P3.W., Washington, D,C. 20006 McKenna, .Wilkinson & Kittner,,A ttorneys at Law, 1150 - 17th Street, N.W., Washington, D.C. 20036 The Honorable Don Storey, Chairman, Treasure Valley CATV Comm., City of Meridian, 728 Meridian Street, Meridian, Idaho 83642 .Joseph A. Marino, Chief, Litigation Division, Federal Comtnunica- tions Commission, Washington, D,C, 20554.. The Attorney .General of the United States, Department of Justice, Constitution Avenue and John Marshall Place, N.W., Washington, D.C. 20001 LAW OFFICES HOWARD I. MANWEILER SUITE I, IMPERIAL PLAZA 200 NORTH 3RD, BOISE, IDAHO 83702 TELEPHONE 345-1040 /' AREA CODE 208 March 26, 1975 P. O_ BOX 522 Mr. Don Storey President CATV Committee City Hall Meridian, Idaho Dear Don: I am enclosing my statement for services rendered together with costs advanced on my own behalf relative to the filing of the Petition for Review to the United States Ninth Circuit Court of Appeals in San Francisco. I trust you will find the matter in order for payment. Best personal regards. Yours very tr ly, a ~~ ' ~ Howard I. Manweiler HIM/dw Enc TELEPHONE 848-1040 AREA CODE 208 ro: Mr . Don Storey President CATV Committee City Hall Meridian, Idaho /~ LAW OFFICES ~\ HOWARD 1. MANWEILER SUITE 1, IMPERIAL PLAZA 200 NORTH 3RD, BOISE, IDAHO 83702 P. O. BOX 822 DATE March 2 6 , 19 7 5 FOR PROFESSIONAL SERVICES RENDERED Preparation of Petition for Review together with copies thereof, office consultations with Mr. Hamersly together with telephone consultations with attorneys from Washington, D. C. Travel to and from San Francisco, California, and filing of Petition with the United States Court of Appeals for the Ninth Circuit $150.00 Costs Advanced: Filing Fee U. S. District Court of Appeal (Copy Enclosed) 50.00 Cab Fare 3.80 Bus Fare 2.30 Copies, United Copy Service 2.34 United Air Lines 144.74 Meals 5.08 Postage 2.00 Parking 1.25 $361.51 Ut~11TED COPY SERVICE 1135 MARKET STREET SAN FRANCISCO, CA 94103 PHONE 863-4800 DATE- ~=~~ - ~ ~_ CLERK ~ K AMOUNT ~'~~ -5 `~ FOR 40 Form No. ]92 inform uPprovcrl by Comp. Gen., U. S. January 8, 1953 -~ RECEIPT FOI--" AYMENT ~Tni~~~ ~~~~~~s C®~r~ ~f 1~pp~als FOR THE NINTH CIRCUIT OFFICE OF THE CLERK ~, ./: Received !'.,' ! / ~.-° j,r, k-~.l'..• -2, From / :~ ;,. F. /` ,t (NAME) i, ~ ~ ~ ~1 ' ~' (ADDRESS) a 1 n ,, ~ncc mn ~`' -T / (SHORT T.J~'LE) ~ ,, ~ 6 L~ J ~ DATEI / ~f ACCOUNT •% ~ : ~ '' 4 t ~ AMOUNT -- ---- i' __ _ "~" ~ ~ '~~' Clerk's Fee for docketing case ~, _ , _ ~ _-i Clerk's Fee for cert fled record ~' _ __ . ~ Dcpcsit; tinting record, Rube 17 _._ _ _ - _____ -- --- -' _ _ _ __ _ Miscellaneous Fees Certified copy of I - ~ Certificate of good standing _ Annual subscription for opinions (~ ) i _ - _ _ - Printed sGp opuvons ~ ~ I ~ _ _ Miscellaneous Collections For character investigation i Clerk ' j ~ / < / ~ /~ ..f. ~. f :-~ TOTAL ~ u COLE, .%YLSTRA & RAYWID ATTORNEYS AT LAW 2011 EYE STREET, N. W. JOHN P. COLE,JR~. WASHINGTON, D. 0.20006 ROGER E.ZYLSTRA - AREA CODE 202 ALAN RAYWID CRAIG 5. McCOY 659-9750 BURT A. BRAY ERMAN RO6ERT L.JAMES CABLE ADDRESS THOMAS W. FLETCHER JOSEPH R-REIFER - "CZAR" SANDRA J. LEWIS Vii C. ~_}~~~ ~ ~ ~~~ t Vincent J'. d+~ulli~ss, Secretary. Federal srcr.~unications Ccrl~missior~ 'ashington,' i~. C. 20554 ~e ~ [3nitc~ ~'ab1. Television ~cxrp. (~"Qrzr~er. ly LVC} Cable, Ind: } File ~~os . c'~a~--220.233 year Ir, ~ '-uil~$ Unc~ersic~nec~ counsel for ~~~ait~c~ Cale Te1.ev3.sian Corgi. , (forrnaerly I~VC Cablef Izxc.) has been. authori~l~c~ by the ~'reasure Valley t~~TV Co ittee to request an addi.tianal/ seven (7) days, to and incluclin~r t~ctok~er ~, 1974, in which to re-- spond to ~TVF, Int.'s mcation tta disr>iss it:~ petition for_ reconsideration anc~< r,ehearinc~ cif the c'or~ission`s decision i the above~r~~'ereneer~. utter. The Treasure Valley CA~'V t'or~~-~ n13.ttee is comprisea of representatives ~xo~= 14 ~3oise area communities and the proeec~~ral da.~~ir~ulties invol.vec~ i.n c+~~ ordinatinq ,~ response necessitates the additional. tae requested., The Corr+mission d s indulgence irz this regard. is respectfully rec~uestec~. Should there be any questions cc~ncernnc~ this €~atter please- coz~~unicate with the undersiclnee4. Very truly yours Joseph :~, eifex~ co ~ ~'ohn P . Southr~ayd ~ Esquire Counsel for ~TVI3 ~:tonarable Don Storey ~ Cha.irman ~ --°°~'"j Tre,~.sUre 'Malley C~:TV Co.~+ittee - ~ COLE, ZYLSTRA & RAYW 1 D . ATTORNEYS AT LAW - 2011 EYE STREET. N. W. JOHN P. cote:JR. WASHINGTON, D. C.20006 ROGER E.2YLSTRq ALANRAYWID AREA CODE 202 CRAIG 5. McCOY - 659-9750 BURT A. BRAY ERM AN ROBERT L.JAM ES CABLE ADDRESS THOMAS W. FLETCM ER September. 2 /1 , lA7A JOSEPH R. REIFER 1lLLJ'f 7 `i' ~~C2AR^ SANDRA J. 1EW15 Vincent J. Mullins, Secretary Federal Communications Commission Washington, D. C. 20554 Re: United Cable Television Ccr' p. (formerly LVO Cable, Inc.) File Nos. CAC-220-233 Dear Mr. Mullins: Undersigned counsel for United Cable Television Corp. (formerly LVO Cable, Inc.) respectfully requests an additional seven (7) days to and including October 2, 1974, in which to respond to KTVB, Int.'s,motions todismiss-directed against the petitions for reconsideration of both United Cable Tele-' vision Corp. and the Treasure Valley.CATV Committee. It is also requested that the Treasure Valley CATV Committee be afforded an additional one (1) week, to and including October 2, - 1974, in which. to respond to the .motions. Counsel for UCTV requests the additior_al time in order. - to further consult with principals and to coordinate an appro- priate response with the Treasure Valley CATV Committee. Since KTVB, Inc. has requested that the Commission dismiss both petitions regardless of any public interest considerations, counsel .for UCTV believes that a full and complete response is required.. Accordingly, the additional time requested herein is necessary. _ ~ Vincent J. Mullins, Secretary September 24, 174 . Page Two Should there be :any questions concerning this ,matter, please communicate with undersigned counsel. Very truly yours, Joseph R. Reifer cc: John P. Southmayd, Esquire Counsel for KTVB .Leon T. Knauer, Esquire Counsel for KBOI-TV :Honorable Don Story,•Chairman y~ Treasure Valley CATV Committee I Y y' COLE, ZYLSTRA & RAYW I D ATTORNEYS AT LAW 2011 EYE STREET, N. W. JOHN P.COLE,JR. WASHINGTON,O.C.20006 ROGER E,ZYLSTRA ALAN RAYWID AREA COOE 202 CRAIG 5. McCOY BURT A,BRAVERMAN 659-9750 ROBERT L.J4ME5 August 26, 19 /'Y THOMAS W. FLETCHER CABLE ADDRESS JOSEPH R. REIFER SANDRA J. LE WIS ~C2AR" Vincent J. Mullins, Secretary Federal Communications .Commission Washington, D.C. 20554 Re: Boise, Idaho et al. File Nos. CAC-220 through CAC-233 Code Nos. ID056 through ID065 and OR158 through OR160 Petition for Reconsideration Dear Mr. Mullins: Enclosed are an original and eleven copies- of a Petition for Reconsideration filed on behalf of United Cable Television Corporation ("UCTV", formerly LVO Cable, Inc.). This petition requests Commission reconsideration of its July 25, 1974 Order denying UCTV authority to carry more than one distant commercial station on its proposed cable television system in Boise, Idaho and nine surrounding Treasure Valley communities. The special significance we attach to this petition is that it represents, to the best of our knowledge, the first direct attack on the validity of the Commission's smaller market signal limitations. UCTV is challenging the applicability of those limitations to its proposal on other procedural and substantive grounds.. We believe there is ample basis for a Commission finding that UCTV's proposal is fully consistent with the smaller market rules. Nevertheless, if the Commission is .unwilling to make such a finding, UCTV has challenged the validity of the basic rule. At the time the Commission adopted its minor market signal limitations in February, 1972, it was operating on the erroneous assumption that few cable systems operated with excess distant stations. in the. core cities of the smaller markets. A current analysis of a ~ _ .~ ~~ Mr. Vincent J. Mullins Page two August 26,.1974.. CATV activity in those markets indicates that more than 76~ of the smaller market core cities now have operating cable systems carrying distant commercial stations in excess of those permitted by the present rules. Further analysis has demonstrated that the finan- cial condition of the television stations operating in those markets does not. reflect adverse economic impact from distant signal importation. As discussed in the petition, there appears to be no correlation between a station's financial condition and the presence of excessive distant stations. Information on the profits of smaller market stations for 1973 is soon to be released by the Commission. While it is mere speculation for UCTV to attempt to predict earnings, it is common knowledge that 1973 was a banner year for broadcasters. And with only one or two exceptions, the minor .markets with core city cable systems carrying excessive stations showed increases in profits between 1971 and 1972. We are confident 1973 will continue that pattern and we ask the Commission to take official notice of the information the Commission has in its possession. We believe it will be obvious from this information that stations are not in need of artificial competitive restraints. We, therefore, believe the "new ethic" dictates an honest look by the Commission and by broad- casters at the bases underlying the distant signal limitations in minor markets. Respectfully submitted, UNITED CABLE TELEVISION CORPORATION ..~ B : Ro e Z lstra Roger E. Zylstra cc: See attached Certificate of Service l"~ HC13 OI-- TRE~35(,'RF 6'ALI_EI' ~ A Good Place to Live CITY OF MERIDIAN OFFICIALS 728 Meridian Street HERALD J. COX. Clrv CLERK. F.O. HELEN RvKER. TREASURER MERIDIAN, IDAHO S. L. 'SID' SPATH. CHIEF OF POLICE 83642 BRUCE D. STUART. WORK Suer. Phone 888-4433 JOHN O. FITZGERALD. ATTORNEY DON b1. STOREY ROGER WELKER. FIRE CHIEF Mayor August 22, 1974 Mr. Vincent J. Mullins Federal Communications Commission Washington, D.C. 20554 COUNCILMEN JOHN R. NAVARRO WAYNE D . SKIVER M AR VIN R . BODINE KENNETH W. RASMUSSEN HERALD J. COX. TRAFFIC BUREAU SEC. ZONING & PLANNING RE: LVO Cable, Inc. Boise, Idaho and 13 surrounding communities File Nos. CAC-220 through CAC-233 Code Nos. ID056 through ID066 and OR158 through OR160 Dear Mr. Mullins: This letter and the accompanying Petition and Resolution is submitted on behalf of the Treasure Valley CATV Committee (TV). This Committee was organized on a voluntary basis on August 28, 1968, by fourteen Treasure Valley communities (11 of which are in Idaho and 3 in Oregon) to advise and recommend the award of a similar cable tele- vision franchise in each community to a single franchisee. (TV) hired a technical consultant and attorney to assist in developing the model franchise, in evaluating competitive, sealed bids and recommending to the various city councils the applicant whose bid best met the qualifications adopted as criteria by (TV). Having followed this procedure and maintaining a single position for all cities (large and small), we respectively petition the Federal Communications Commission to grant a rehearing in the matter of its Memorandum Opinion and Order adopted July 16, 1974, and released July 25, .1974, granting certificates of compliance to LVO Cable, Inc. in the above-captioned matter and provide (TV) an opportunity to appear personally and present its position. In its Memorandum Opinion and Order, the Commission granted four of the cities greater cable TV service than the remaining ten cities. (TV) strongly objects to this procedure as destroying one of the major objectives and resultant benefits ~ ~ DZr. Vincent J. Mullins August 22, 1974 Page 2 which originally led to the formation of (TV). The community of interests of the fourteen cities and their steadfast desire to achieve a common goal should be the overriding consideration of the Commission in the above-captioned matter. In requesting the opportunity to appear personally before the Commission in a rehearing, (TV) will present the bid of the local television stations which proposed a significant number of distant signals to be provided as part of their cable TV system. For these stations to now argue that the Treasure Valley community should be denied the opportunity of receiving more than one distant signal would appear to be a completely hypocritical attitude on the part of the local stations. (TV) recognizes the authority of the FCC in adopting rules which regulate cable television. However, (TV) raises the general question whether local governmental units as represented in (TV) should not be permitted to spec iffy the carriage of certain signals when a community of interest exists or when a multi-city group such as (TV) is formed. It is this and other related questions as covered in the accompanying resolution concerning which (TV) desires to be heard in the rehearing requested by this letter. Very truly yours, Don M. Storey Chairman Treasure Valley CATV Committee (TV) r HL'f3 OF TREASURE PALLET A Good Place to Live CITY OF 1V~ERIDIAN OFFICIALS ?28 Meridian Street HERALD J. COX. Glrr CLERK. F o. MERIDIAN, IDAHO HELEN RYKER. TREASURER $. L. 'SID' SPATH. CHIEF OF POLICE 83842 BRUCE D. STUART, WORK Surr. Phone 888.4433 JOHN O. FITZGERALD. ATTORNEY DON M. STOREY ROGER WELKER. FIRE CHIEF - Mayor August 22, 1974 Mr. Vincent J. Mullins Federal Communications Commission Washington, D.C. 20554 COUNCILMEN .JOHN R. NAVARRO WAYNE D. SKIVER MARLIN R. BODINE KENNETH W. RASMUSSEN HERALD J. COX, TRAFFIC BUREAU SEC. ZONING & PLANNING RE: L`VO Cable, Inc. Boise, Idaho and 13 surrounding communities File Nos. CAC-220 through CAC-233 Code Nos. ID056 through ID066 and OR158 through OR160 .Dear Mr. Mullins: This letter and the accompanying Petition and Resolution is submitted on behalf of the Treasure Valley CATV Committee (TV). This Committee was organized on a voluntary ,basis on August 28, 1968, by fourteen Treasure Valley communities (11 of which are in Idaho and 3 in Oregon) to advise and recommend the award of a similar cable tele- vision franchise in .each community to a single franchisee. (TV) hired a technical consultant and attorney to assist in developing the model franchise, in evaluating competitive, sealed bids and recommending to the various city councils the applicant whose bid best met the qualifications adopted as criteria by (TV). Having followed ;.his procedure and ^.:aintai ni ng a single position for all cities (large and small), we respectively petition the Federal Communications Commission to grant a rehearing in the matter of its Memorandum Opinion and Order adopted July 16, 1974,. and released July 25, 1974, granting certificates of compliance to LVO Cable, Inc. in the above-captioned matter and provide (TV) an opportunity to appear personally and present its position. In its Memorandum Opinion and. Order, the Commission granted four of the cities greater cable TV service than the .remaining ten cities. (TV) strongly objects to this procedure as destroying one of the major objectives and resultant benefits. n Mr. Vincent J. Mullins August •22, 1974 Page 2 which originally led to the formation of (TV). The community of interests of the fourteen cities and their .steadfast desire to achieve a common goal should be the overriding consideration of the Commission in the above-captioned matter. In requesting the opportunity to appear personally before the Commission in a rehearing, (TV) will present the bid of'the local television stations which proposed a significant number of distant signals to be provided as part of .their cable TV system.. For these stations to now argue that the Treasure Valley community should be denied the. opportunity of receiving more than one distant signal would appear to be a .completely hypocritical attitude on the part of the local stations. (TV) recognises the authority of the FCC in adopting rules which regulate cable television. However, (TV) raises the general question whether. local governmental units as represented in (TV) should not be permitted to specifiy the carriage of certain signals when a community of interest exists or when a multi-city group such as (TV) is formed. It is this and other related questions as covered in the accompanying resolution concerning which (TV) desires to be heard in the rehearing requested by this letter. V ry truly yo rs, y~ . ~ • on M. Storey Chairman Treasure Valley CATV Committee (TV) cc: LVO Cable, Inc. Stations KBOI-TV, KTVB & KIVI~ All City Councils t ~ ~ BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. In the Matter of LVO CABLE, INC. Boise, Garden City, Meridian, Nampa, Caldwell, Payette, New Plymouth, Emmett, Fruitland, Parma and Weiser, Idaho and Nyssa, Ontario and Vale, Oregon. TO: The Commission File Nos. CAC-220 through CAC-233 Code Nos. IDO56 through IDO66 and OR158 through OR1060 PETITION AND RESOLUTION STATE OF IDAHO ) ss: County of Ada ) DON STOREY, being first duly sworn deposes and says: WHEREAS, the Treasure Valley CATV Committee (TV) acting as advisor to fourteen Idaho and Oregon communities recommended award of cable television franchises to GenCoe (LVOC); and, WHEREAS, said communities subsequently (in April 1969) awarded franchises to LVOC; and, LVOC then proceeded to make necessary applications to the Federal Communications Commission for implication of microwave signals and certification and to local utilities for pole access; and, WHEREAS, local television stations KTVB and KBOI entered a series of protests to the FCC aimed at delaying the advent of cable television; and, WHEREAS, said stations further challenged the authority of Idaho cities to grant cable franchises, although said stations were co-applicants for the franchises without raising similar questions during the proceeding; and, t WHEREAS, LVOC has consistently defended its right to implement said franchises at a cost for legal fees alone in excess of $100,000.00; and WHEREAS, TV continues unwaveringly in its desire for quality cable television in the Treasure Valley; NOW, THEREFORE, IIE IT RESOLVED that TV acting in behalf of and in the interests of the citizens and communities of the Treasure Valley respectfully recommend that the Commission hold a hearing to consider the following points: 1. That the Commission now interested in speeding up the processing of cable matters did, indeed, allow LOVC's application to go unprocessed during the dormancy of Channel 6's (Nampa's) license application thus depriving Treasure Valley viewers of signals that could have been grandfathered during that period, Further, this delay resulted in discrim- ination against residents of smaller cities who under current rules and certification are entitled to greater services. One of the purposes for formation of (TV) was to insure equal treatment of fourteen cities which, although of different size, are linked by an unusual community of interests. 2, Residents of Treasure Valley are now "second- class citizens" due to an arbitrary cutoff in the FCC rules. One hundred cities (the top 100 markets) are entitled to importation of two or three distant, independent stations. Many of these cities receive only four signals off-air mainly three networks and an ETV station. The Treasure Valley cities receive the same off-air service yet they are limited to one distant, independent station. This is obviously discriminatory, If two signals are feasibly available we believe permission to carry them should be granted. - 2 - ' ` n 3. Further, Treasure Valley residents have a community of interest with both Portland and Salt Lake City. Recognizing the remote location of our area and the economics of microwave importation, we nevertheless believe that both Portland and Salt Lake City signals, at least on a composite channel, would be desirable for Treasure Valley viewers, if feasible. We have no desire to circumvent the proper non- duplication rules (although we do believe that "simultaneous" rather than "same-day" would be adequate protection for the local stations). However, if the cable company receives permission to carry non-network material from Salt Lake City or from Portland stations we believe it should be allowed to present such material to its subscribers. The Committee is of the opinion that the citizens of the Treasure Valley have been deprived of the opportunity to subscribe to diversified cable television services. These services have long been available to communities like Casper, Wyoming; Bozeman, Montana; Reno, Nevada; Grand Junction, Colorado, and Colorado Springs, Colorado. Metropolitan areas such as Beaumont, Texas; Baton Rouge, Louisiana; Boulder, Colorado; Tulsa, Oklahoma; Quint-Cities, Iowa and Illinois have long enjoyed a developing metropolitan cable market. On behalf of the Treasure Valley CATV Committee we respectfully .petition the FCC to reconsider its action in certification and importation, granting those waivers necessary to insure that quality cable television systems can be built in the Treasure Valley without further delay. We are of the - 3 - >• r~ ~~. ,(/• LAW Qf F ICES /' i; FISt-IEi~. ~eNAYL.AND, SOtJ"t HMAYD AND COUF'ER BENS f i~HER ~IE390-1954) IOC CONNECTICUT AVENUE, N. W. TELEPHONE CHARLES V. WAYLAND WASHINGTON, D. C. 20036 mss-s~~4 JOHN P. SOUTH MAYD AREA COD: 202 BEM C. FISH: R GROVEH C•COUPER ~~ MARLIN R. i._EADER OF COUNSEL JOHN G. PELL.EGRIN June 19, 19 / 4 CHARLE:. F DUVi,LL RICHfi.RD R. Z_ARAGOZA M.r. Vincent J. Mullins Secr.: Gtary Rer~,e~•al Communications Commission z91-~ M Stre~~i;, *?i~7 Wa.slYv ngtor~, DC 20554 In re: LVO Cable, Inc. Treasure Valley of Idaho and Oregon.. CAC-22A through CAC-233 Code Nos. ID056 through ID066 and OR158 through O%16 © ~_~ Dear Mr. Mullins: My client, KTVB, Inc.., licensee of Station KTVB, Channel 7, Boise, Idaho, herewith replies to the June 3,.1974 LVO Cable, Inc. letter to the Commission which falsely accuse KTVB (and KBOI-TV) of utilizing "delaying tactics" and of "prostituting goverrunental regulation" to stifle competition from the LVO proposed fourteen community Treasure Valley C.~1TV System. . The above multiple CAC applications were filed April 24, 1972. On September 18, 1972, KTVB filed its Reply to the LVO August 2t~, 1972 Opposition to the June 2, 1972 KTVB Objections to C.~C-220-233 and Petition for Special Relief. In the period between September lit, 1972 and April 15, 1974, no further pleadings were filed. After this nineteen month period, it was LV0 which revived the controversy by filing its April 15, 1974 "Supplement to Applications for Certification.°' In that Supplement, it charged the Commission with "undue administrative delay" and denial of due process to LVO. In paragraphs 3 through 6 of its Supplement, LVO squarely placed the blame on the Commission, and rot on the Boise television stations, for the delay of which it complained. In Part III of its May 9, 1974 Opposition to this LV0 Supplement, KTVB stated that this -- ,"~ Mr. Vincent J. I~iullins Page 2 June 19, 1974 administrative delay was not inordi_3ate in view of the unique circumsta:.ces of these CAC applications to serve on a unified basis fourteen separate communities in the large Treasure Valley area of Idaho and Oregon (pages 5 through 9). It further noted in paragraphs 6 through 9 how LVO itself has contributed to the delay by its application amendments and by filing its April 15, 1974 Supplement, which initiated the current cycle of pleadings. Its June 3 letter now shifts the LVO position by trans- ferring the blame for delay from ttie Commission to the Boise television stations. The. fact is, as the pleadings clearly show, that (1) LVO has contributed to this delay, and (2) all the Oppositions to LVO have been fi~ed in good faith, they have shown good cause for the relief requested, and they have been filed pursuant to express authority of the cable tele- vision rules. At no point have the LVO proposals fully conformed with the CATV rules and policies. If they had, Commission action might well have been taken long since. The LVO letter concedes that its initial proposal in 1969 contravened the "leapfrogging" rules. Because of this contravention, LVO deemed it necessary on February 27, 1970 to file its own "Petition for Special Relief." Since that time, every LVO proposal presented to the Commission has conflicted with Commission rules. The above fourteen applications when filed April 24, 1972 significantly varied from. the CATV rules adopted February 2, 1972 in Docket 18397. Paragrap~i 2 on pages 3 through 7 of the KTVB June 2, 1972 Opposition to saa.d applications detailed six respects in which they contravened the new rules. LVO subsequently amended its applications to correct some of these deficiericies, but o•cl-,ers still have not been corrected. •The record shows that each and every objection KTVB has raised is relevant to the issue whether grant should or should not be made of the above applications. It is thus highly improper for LVO at this time to accuse KTVB of abusing your regulatory processes, particularly when LVO has been privy to the delay by filing proposals in conflict with the rules, by amending such. proposals, and by periodic resumption of the Mr. Vincent J. Mullins Page 3 June 19, 19 7 4 pleading cycles such. as the filing of (1) its February 27, 1970 Petition for Special Relief, (2) its April 15, 1974 Supplement, and (3) its Jure 3, 1974 accusatory letter, which has necessitated this reply. Very truly yours, KTVF3 , ~IJC . (KTVB ) JPS:jms ~~ ~ ~ LAW OFFICES FISHER, WAYLAND, SOUTHMAYD AND COOPER BEN S. FISHER 11890-1954) ~~OO CONNECTICUT AVENUE, N. W. CHARLES V. WAYLAND WASHINGTON. D. C. 20036 JOHN P. SOUTHh1AYD BEN C. FISHER DROVER C•COOPER MARTIN R. LEADER June 19 1974 JOHN D. PELLEGRIN RICHARD R.ZARAGOZA ' Mr. Vincent J. Mullins Secretary Federal Communications Commission 1919 M Street, *IW Washington, DC 20554 TELEPHONE 659-3494 AREA CODE 202 OF COUNSEL I.HARLE:. F. DUVALL In re: LVO Cable, Inc. Treasure Valley of Idaho and Oregon CAC-220 through CAC-233 Code Nos. ID056 through ID066 and OR158 through OR160 Dear M~ Mullins: My clidnt, KTV3, Inc., licensee of Station KTVB, Channel 7, Boise, Idaho, herewith replies to the June 3, 1974 LVO Cable, Inc. letter to the Commission which falsely accuses KTVB (and KBOI-TV) of utilizing "delaying tactics" and of "prostituting governmental regulation" to stifle competition from the LVO proposed fourteen community Treasure Valley CATV Systems , The above multiple CAC applications were filed April 24, 1972. On September 18, 1972, KTVB filed its Reply to the LV0 August 28, 1972 Opf~osition to the June 2, 1972 KTVB Objections to CAC-220-233 and. Petition for Special Relief. In the period between September 18, 1972 and April 15, 1974., no further pleadings were filed. After this nineteen month period, it was LVO which revived the controversy by filing its April 15, 1974 "Supplement to Applications for Certification." In that Supplement, it charged the Commission with "undue administrative. delay" and denial of due process to LVO. In paragraphs 3 through 6 of its Supplement, LVO squarely placed the blame on the Commission, and not on the Boise television stations, for the delay of which it complained. In Part III of its May 9, 1974 Opposition to this LVO Supplement, KTVB stated that this Mz. Vincent J. Mullins Page 2 June 19, 1974 admini~tra<ive delay was not inordiiate in view of the unique circumstances of these CAC applicatians to serve on a unified basis fourteen separate communities in the large Treasure Valley area of Idaho and Oregon (pages 5 through 9). It further noted in paragraphs 6 through 9 how LVO itself has contributed to the delay by its application amendments and by filing its April 15, 1974 Supplement, which initiated the cur~:er~t cycle of pleadings. Its June 3 letter now shifts the LVO position by trans- ferring the blame for delay from the Commission to the Boise television stations. The fact is, as the pleadings clearly show, that (1) LVO has contributed to this delay, and (2) all the Oppositions to LVO have been f~.led in good faith, they have shown good cause for the relief requested, and they have been filed pursuant to express authority of the cable tele- vision rules. At no point have the LVO proposals fully conformed with the CATV pules and .policies. If they had, Commission action. might well have been taken long since. The LVO letter concedes that its initial proposal in 1969 contravened the "leapfrogging" rules. Because of this contravention, LVO deemed it necessary on February 27, 1970 to file its own "Petition for Special. Relief." Since that time, every LVO proposal presented to the Commission has conflicted with Commission rules. The above fourteen applications when filed April 24, 1972 significantly varied from the CATV rules adopted February 2, 1972 in Docket 18397. Paragraph 2 on pages 3 through 7 of the RTVB June 2, 1972 Opposition to said applications detailed six respects in which they cr~ntra;;enad the new rules. LVO subsequently amended its applications to correct some of these deficiencies, but otiier5 still have not been corrected. The record shows that each and every objection KTVB has. raised is relevant to the issue whether grant should or should not be made of the above applications. It is thus highly improper for LVO at this time to accuse KTVB of abusing. your. regulatory processes, particularly when LVO has been privy to the delay by filing proposals in conflict with the rules, by amending such proposals, and by periodic resumption of the \ ~\ r~ ~ Mr. Vincent J. Mullins Page 3 June 19, 1974 pleading cycles such as the filing of (1) its February 27, 1970 Petition for Special Relief, (2) its April 15, 1974 Supplement, and (3) its June 3, 1974 accusatory letter, which has necessitated this reply. Very truly yours, KTVB, INC. (KTVB) JPS:jms ~ ~ ~\ r\ / • CERTIFICATE OF SERVICE I, JoAnn Schemm, do hereby certify that copies of the foregoing "KTVB'Reply to June ?, 1974 LVO Letter to the Federal Communications Commission" were mailed, postage prepaid, this 19th day of June, 1974, to the following: Wilkinson, Cragun & Barker 1616 H Street, ~~ Washington, DC 20006 Counsel for riBOI-TV Core, Zylsrra & Raywid 2011 Eye Street, NW Washington, DC 20006 McKenna, Wilkinson & Kittner 1150-17th Street, NW Washington, DC 20036 Counsel for Idaho TV Corp. KAID State Board of Education c/o D. F. Engelking State House Boise, Idaho Oregon Stage Board of Higher Education Educational and Public. Broadcasting Service Box 1 r 91 Portland, Oregon 97207 City Council of the City of Boise Boise, Idaho Superintendent of Schools City. of Boise, Idaho City Council of the City of New Plymouth New Plymouth, Idaho Superintendent of Schools City of Errsnett, Idaho City Council of the City of Parma Parma, Idaho Superintendent of Schools City of Parma, Idaho City Council of the City of Payette Payette, Idaho Superintendent of Schools City of Payette, Idaho City Council of the City of Fruitland Fruitland, Idaho Superintendent of Schools Fruitland, Idaho pity Council of the City of Weiser Weiser, Idaho Superintendent of Schools City of Weiser, Idaho City Council of the City of Caldwell Caldwell, Idaho Superintendent of Schools City of Caldwell., Idaho i ~ /`~ ~ -2- Superintendent of Schools New Plymouth, Idaho City Council of the City of Meridian City Council of the City Meridian, Idaho of Garden City Garden City, Idaho Superintendent of Schools City of Meridian, Idaho Superintendent of Schools Garden City, Idaho The Honorable Aon Storey Mayor of Meridian City Council of the City Chairman of the .Treasure of Emmett Valley CATV Committee Emmett, Idaho City of Meridian, Idaho City Council of the City City Council of the City of Nampa of Vale Nampa, Idaho Vale, Oregon Superintendent of Schools Superintendent of Schools City of Nampa, Idaho City of Vale, Oregon City Council of the City City Council of the City of Ontario of Nyssa Ontario, G~egon Nyssa, Oregon Superintendent of Schools Superintendent of Schools City of Ontario, Oregon City of Nyssa, Oregon .^ -, .r c - ~, ' -- L~ `_j ~. ,4 fit,-,.~„7~ l JoAnn~ Schemm JONN F. COLE. Ju. ROGER E.2rLS ttvA ALAN RAYWIp CRAIG S. Mcr_Or BURT A. BAAVEhM AN TMOMA'~ W. FIE iC'~IEFJ JOSC VH q. REITEA ~ANUFIA J. LEW1~'. ARfA CODE 202 659-9750 GBLE ADOAE~s.^.. ~~CZAR" n ~ COLE. ZYLSTRA & RAYWID ATTORNEYS AT LAW 2011 EYE STREET, N, W. WASHINGTON, O. C, 20006 June 3, 1974 Vincent J. Mullins, Secretary Fer.]eral Communications Commission Washington, D. C. 20554 Re: LVO Cable, Inc. Boise, Idaho and 13 Surrounding Communities File Nos. CAC-220 through CAC-233 Code Nos. ID056 through ID066 and OR158 through OR160 ' Dear Mr. Mullins: This letter is submitted on behalf of LVO Cable, Inc. ("LVO Cable") for the limited purpose of responding to the insinuations of delays perpetrated by LVO Cable,. as made in the pleadings filed by Stations KBOI-TV and KTVB-TV in response to LVO Cable's April 15, 1974 Supplement to Appli- cations for Certification. The stations have attributed the delays in FCC processing of LVO Cable's applications for authority to commence cable service in Boise to LVO Cable's alleged failure to press for expedited action. This special response to the stations': accusations is compelled. by the utter ridiculousness of the charge and the stations' obvious intent to confuse and disrupt this. proceeding by still further delays.. So much time has passed since LV0 Cable first sub- mitted its Boise or Treasure Valley proposals to the Commis- sion -- imploring the Con;mission to act e:cpeditiously to (~l"i:Ilt the at~plications -- that we suspect the Conuztission' s records may not eVCIl COntalIl all relevant materials filed since the inception of this matter. It was on October 8, l~`C~~), oi- nc~~zz-1y five ycar~; ac;o, that LVO Cablr..'s prot~osal for }3c~i :.e arzcl :>u~-i~oul:c]:i rlc~ cc-;;;,:ztitii tai ~~s tti~~1s first submitt~,c~ to the Cc~; :•::i.:;_.ic~n. `1'l:i:: evi~nt ~~r.~~c-i`u~'d the j.Oi;Iilation of the Cak~le '1'c~l~~vi:>i.az: I3tu.-~~.ztl th:t i:; r.urrc~ntl,y rc~:F~onsiblc for ~~rocessinq of_ I.CO Cakllc~' s ai~~:~].i c.ation~;. It is imF~ortant, t.hereforc, to l+r:ic~l:ly .z~~,all.:ri<<~ tl:c chz_~c~noloc;y of evcnt:s leading to the j~c_~~i~ ins, c~~t~t:]lTi.c~,:tic~IZ al~F?licatioll:: t.a rr_:£utc the inaccurate .ctia.I_actcri~:ation of LVO Cable's actions. Vincent J. Mullins, Secretary Page two June 3, 1974 LVO Cable obtained the Boise franchise on April 14, 1969 after a lengthy, contested franchise application pro- ceeding conducted by the Treasure Valley communities. One of the leading contenders for the franchises was a combination comprised in substantial part by Y.BOI-TV and KTVB. The sta- tions, as detailed in the pleadings which have preceded LVO Cable's certification applications, begged the Treasure Valley communities to award them the franchises for an economically viable cable service. The stations' distant signal proposals included numerous distant stations from as far away as San Francisco. Thus, the stations' vigorous opposition before• the Commission must be considered in the context of their own strenuous efforts to secure the cable franchises and offer even more than the distant stations services they now allege will cause them serious economic injury. 1/ At the time LVO Cable initially submitted its pro- posal in 1969, the Commission had not imposed distant signal limitations in the minor markets. TY:e only inconsistency with LVO Cable's proposal at that time involved a technicality over the so-called "leapfrogging" rules, which at the time were being liberally waived. It was primarily through the harassment of its former competitors for the Treasure Valley franchises that LVO Cable was frustrated in its efforts to implement service between 1969 and 1972. The stations seized upon every opportunity to oppose each constructive move made by LVO Cable. The Commission's records should be replete with pleadings filed by LVO Cable in its efforts to gain Commission approval for its proposal. ror the Coruttission's convenience, we <lre attaching hereto an April 9, 1970 l~iemorandum listing the initial pleadings filed in this matter. We urge the Com- mis:>ion to c1~~niue these p1_cadine~s to review the delaying tactics that have been cmt~loyed by the stations at every stc~c~o of LVO Cable's filings, The obvious intent of the stations was to prolottc~ this matter as long as possible. Their sta~r;i.ec7Y t:~as :~ucces:,ful. bct~.~ecn 1.9G9 and 1972 in that the Cotn~:;i.:,sion' : rules ~:c?c~pt~~l in Dlai:~clt, 197 dramatically limited 1/ `i'}tc~ :;t,~t_ic~tts lost t.lte franchise fight at the municipal 1~~~c~_l.. ;.tt~~_:c,,itt~~titl~~, n~antli_: of lit:ie~atiott over trio :;object ~Zc•,-~~ itii.t:i~:t~~~? ley the :,t,iti.oti:;, rutit:inc7 tho mull cTamut of jug}ici~il. rc:vic~~~•. `l'ire Ore.~ati Suprcnic Court finally affirmed 'tlte municipalities' action. ~ ~ Vincent J. Mullins, Secretary Page three June 3, 1974 the service offering that could be made by LVO Cable in the '1'r~asure Valley. nevertheless, LVO Cable filed conforming modifications to its proposal at the time it submitted its certification applications pursuant to the new rules. LVO Cable's initial proposal was timely submitted ~to the Commission. Implementation of that proposal was blocked for over two years by the stations' obstinance. Ttihen the FCC's rules were changed in March, 1972, LVO Cable's applications-for certification were among the first filed in response to the now rules. The rules did not become effective until March 31, 1972. Yet LVO Cable submitted its fourteen certification applications barely three weeks later. As expected, the applications were vigorously opposed by KBOI-TV and KTVB. Some grounds are irrelevant to the issues that it can only .be surmised that the stations' strategy has been to delay, delay and delay. Should the Commission's cross-ownership rules be modified to permit. television stations to acquire franchises in their own service areas, we are confident KBOI- TV and KTVB would return to the Treasure Valley communities and urge that the delays they have caused be used as grounds for revolving LVO Cable's franchises so that they may be acaarded to the stations. All we ask is that LVO Cable not be penalized for the delaying tactics so successfully employed by the stations. No competitor should be allowed to prostitute governmental regulation to stifle competition in this fashion. Respectfully submitted, LVO Ct~BLL, INC. ,~ . (' • /`:~' fay- ~ /s/ f:oc•,~~r 3 7ylstra t:og~r L. Zylstra Its nt:torncy c:c: Sc~e att~~nc~~l Cer.tific~-tt.e of Sc~:~~ice /`~ +O„ yp111l11 • YICIIOW~1.• ~* g , r: ` ~ UNITEOIIIDEO ~ ~«~ ~~OMteO eow~.uu«r~c+ April 9, 1970 MEMORANDUM /'~ caov n~ r r : . ,~ Subject: Legal Actions before the Federal. Communications Commission/ Boise October 8, 1969. LVO Cable gave notification of intent to carry distant signals, to the local broadcasters. November 7, 1969. Petitions for Relief were filed by KBOI-TV, Snake River Valley Television, Inc., Idaho TV Corporation and KTVD. December 15, 1969. LVO Cable, Inc, filed its Opposition to the Petitions. for Relief. January 12, 1970. Replys to LVO Cable's Opposition to Petitions for Special Relief were filed by Snake River, KTVQ, Idaho TV, (I assume K60I also filed but was unable to find the document.) February 27, 1970. LVO Cable Inc. filed a Petition for Special Relief to carry three net4•~ork affiliated stations, one independent station and one educational station from Portland, Oregon. February 9, 1970. Microwave applications were accepted for filing to carry three network affiliates, one independent and one educational station from Portland, Oregon. March ll, 1970. Petitions to Deny micro,<vave service filed by KTV9. March 26, 1970. Orsposition to LVO C~~ble Inc. Petition for Special P.elief teas f i 1 ed by Screen Gerus Groadcas ti ng of Utah . F'~~rch 27, 1970. Limited Opposition to LVO Cable Inc.'s Petition for Specia l Relief .filed by Columbia Empire Q~~oadcastinc~ Corporation. hi,~rch 30, 1970. Onnc,sition to LVO Cable Inc.'s Petition for Special Relief filed by KTVEa anri I~l;iho Television Corp~7r•,~tion. ~,r~r•il 3, 1~);tl. (lpnosition to Petition to Deny microwave service filed by t;'c~stc~rn Tel~~Cne,~.unic.lticn`~, Inc. /1priT 3. 1P70, Cornrrcnts on Petition to Deny microwave service filed by LVO C,~hlc, Inc. All of these cloctrr,,enfs filed before t:he Fe~lcr,~l Cc~rrnnrnic.itinns Coiiunission ,ir•c in t:hr•~~nr~l,t,rir,rl c~r,f~~-• in ~i Bile tit.l~~~i "(~(~ise/ICC L~~~~~il Filin~ls", i"~ CERTIP'IC11,TE OF S);RVICE I, I:oger E. 7ylstra, do hereby certify that copies of the foregoing .letter on behalf of LVO Cable, .Inc. were mailed, postage prepaid, this 3r:1 day of .June, 1974 to the followinc3: John I' . Sou thm.~ty<1 , F:,ciu i rc F''i:~hcr, 4\'aylancl, Soutltrn~iyd, and Cooper 1100 Connecticut Ave., N.W. Washington, D. C. 20036 Counsel for hTVB Wilkinson, Cragun & Barker 1735 New York Ave., N.W. Washington, D. C. 20006 Cvtiilscl for FL'OI-TV ~. Supcrf.ntendent of Scltoo] s City of }stntnet, xcizho City Council of .the City of Parma l~a~~ma, Idaho City Council of the City of Payette Payett:~, Icl:1}ao ?.ici<enn:t, 1Yi11:inson ~:, 1C.ittner 11;SU-1'!th Street, N. Pl. }'~:t_;hlt:; ton, II. C. 2UU3G Counsel for Id111o TV Corp. . h~TD t:i tc roard of Edt.lca%~_on c/o ll. 1~ . i1n;;cll:~.nl; -~'t:1tC }lot1SC }3ai:~e,• 1:ci:t}lo Orr;;i~n~ St:ttc ];o;tr~i of ]la,;l,ct.• l;cluc:,l :i.c>n l:iluc::l l :i c~tt:t 1 n ttcl ]'u1>1 i s hc~x 1 •, ~3 l 1'.~z•ilattcl, Oc•(`,;c~tt ~~;:'Oi Ci l }• ('c~t(t~c• i 1 cr is t l~c~ ;~tti~;`t•:i nt ~~ti~l~~;tl c~ I' ~;r1(c~c,l;c ('.i t }• C'(ittttc•. ~i I c~ I' 1 lice C.i ty Supc'r~.nt:endeni: of Sehoo:L~~ C:i.-hy of Payette, Idaho (:i-(:~r Cot.ulciJ. of t:he City o:[' l~ruitlal,d Sul:~c~r. Zntende,~i: of Schools o:f l~z tiit:l:lnd a~z~uita.and, :tclaht, (::i.~t y Gottnc i:i o:f. i.llc C:S.~ 1' c, :.' lYca.scr 11'ci.:cc~r, ~ci:tltc, Srt1~~c~1~it~~t:cttclc:t(i c,i Sc:ho:,'L:c ~~u~~c•(•int~`itc]i~itt c~I :~ch(ic~:I:. . (::i ~i ~• ('c,ttttc::i 1 c,a~ t he (: i t y ,. o /'~ - 2 - Superintendent of Schools New Plymouth, Idaho City Council of Garden City Garden City, Kdaho Superintendent of Schools. 'Garden City, Kdaho City Council of the City of Emmett Emmett, Idaho City Council of the City of Nampa Nampa, Idaho Superintendent of Schools City of Nampa, Idaho City Council of the City of Ontario Ontario, Oregon Superintendent of Schools City of Ontario, Oregon Superintendent of Schools -City of Meridian, Idaho The Honorable Don Storey Mayor of Meridian Chairman of the Treasure Valley CI1TV Committee City of Meridian, Idaho City Council of the City of Vale Vale, Oregon Superintendent of Schools City of Vale, Oregon City Council of the City of Nyssa Nyssa, Oregon Superintendent of Schools City of Nyssa, Oregon /'~ May 30, 1974 The Honorable Don Storey, Mayor, and Members of the City Council City of Meridian Idaho 83642 Gentlemen: n EDWARD E. DRAKE, Executive Vice President An additional set of filings has just been made with the Federal Communications Commission in opposition to requests of LVO Cable for certification grants so that a cable system can be built. Our request for Certification pointed out the considerable and inordinate delays, procedurally, and specifically that there was a period in which the FCC could have acted, thus assuring the maximum in signals for Treasure Valley. Now, however, the protests purport to intimate that in some way LVO Cable was responsible for delay. This simply is not factual . All prudent preliminary work has been accomplished, and the next step is to receive a grant of certification. We shall keep you advised as to developments as they occur. We are answering the most recent filings, and this should end the use by others of the bureaucratic processes for excessive delays. Very truly yours, Cc_. LVO Enterprise Building • 522 S. Boston Avenue • P. 0. Box 3423 • Tulsa, Oklahoma 74101 • 918/585-2211 Member o1 National Cable Television Associetlon JOHN P. COLE,JR. ROGER E.2YL51RA ALAN RAYWID CRAIG 5. McCOY BURT A. BRAVERMAN RUBERT L.JAMES JOSEPH R. REIFER THOMAS W. FLETCHER SANDRA J• LE WIS n COLE, ZYLSTRA & RAYWID ATTORNEYS AT LAW 20i~ EYE STREET, N.W. WASHINGTON, D.C.20006 February 11, 1974 David Kinley, Acting Chief Cable Television Bureau Federal Communications Commission Washington, D.C. 20554 Re: LVO Cable, Inc. Boise, Idaho and 13 Neighboring Communities CAC-220 through CAC-233 ~ID056 through ID065; OR158-160 Dear Mr. Kinley: On February 7, 1974 we submitted a letter, on behalf of LVO Cable, Inc.,. regarding .the referenced applications for certification for Boise, Idaho and thirteen surrounding communities in the State of Idaho and Oregon. AREA CODE 202 659-9750 CABLE ADDRESS "CZAR" The purpose of this letter is to inform you that we have this day sent copies of our letter dated February 7, 1974 to all the parties listed in Attach- ment,on pages 1 and 2. Should there be any questions concerning this matter, please communicate with this office. Very truly yo rs, Rag~~ E. Z tra cc; .Jerold Jacobs, Esquire Chief, Certificate of Compliance Division Enclosure: Attachment (2 pages) ~". n COLE, ZYLSTRA & 'RAYW 1 D ATTORNEYS AT LAW • 2011 EYE STREET, N.W.• WASHINGTON, O. C.20006 JOHN P. COLE,JR. ROGER E.ZYL riTRA ALAN RAYWID CRAIG 5. McCOY BURT A.BRAVERMAN ROBERT L.JAMES JOSEPH R. REIFER February 7, 1974 THOMAS W.fLETCHER SANDRA J. LE WIS • Mr. David Kinley, Acting Chief Cable Television Bureau Federal Communications Commission.. Washington, D.C. 20554 AREA CODE 202 B59-9750 CABLE ADDRESS "CZAR" Re: LVO Cable, Inc. Boise, Idaho and l3 Neighboring Communities CAC-220-233 ID056-ID065; OR158-160 • Dear Mr. Kinley: Station KITC{TV), Channel 6, Nampa, Idaho, has received program test authority .and commenced operations yesterday, February 6, 1974. Nampa, Idaho, now has a specified zone for the first time since May, 1972. Rule §76.5 (f) provides that a specified zone terminates 18 months after the initial grant of a television broadcast construction permit. The Channel 6~ construction permit was initially granted on November 5, 1970. Thus, for well over one year -- indeed, for almost two years -- the referenced applications have been fully consistent with the Commission's Cable Television Rules. These applications are by the terms of the Commission's own rules entitled to full and complete grant, without condition or qualifications or elimination or reduction in carriage of Salt Lake City stations. LVO Cable, Inca maintains that the commencement of operations of Channel 6 should have no bearing on the status of its applications and that those applications should be considered in the content of the situation which has etiisted for the past 20 months. Specifically, LVO Cable. maintains that the Conunission must continue to treat its application:, which have been on file before it since April 24, . 1972, as pertaining to a market which includes two partial n ~ Mr. David Kinley, Acting Chief •February 7, 1974 Page 2 network stations and which permits the importation of a full complement of network signals. And the Commission must continue to treat the areas beyond 35 miles of Boise as beyond all specified zones. Any other approach would unfairly penalize LVO Cable for the prolonged delay in processing the referenced applications. Other action would result in a confiscation of the substantial investment made in reliance on an impartial enforcement of the Commission's own rules. LVO Cable intends to supplement this letter with a more detailed demonstration of its rights to have the referenced applications treated as pertaining to the status duo as it has existed for nearly two years prior to . February 6, 1974. We request the right to submit this . supplement prior to the time action is taken on .the applications br, in any event, within the next 20 days. Very truly yours, oc~r E. stra cc: Jerold Jacobs, Esquire Chief, Certificate of Compliance Division We note that numerous lower priority applications involving more complicated issues (including some proposals inconsistent with the rules) have. been processed by the Commission during the nearly two years the Boise applications have been consistr.nt with the rules. To now so ~vcrely penalize the Boise systems for the discriminatory processing procedures by denying carriage of~tlie Salt. Lake Ci{;y stations would be unconscionable. n ATTACHMENT Wilkinson, Cragun & Barker 1616 Ii Street, N.W. Washington, D.C. 20006 Counsel for KBOI-TV Fisher., Wayland, Southmayd & Cooper 1100 Connecticut Avenue, N.W. Washington, D.C. 20036 Counse 1 for KTVB McY.enna, Wilkinson & ~:ittner 1150-17th Street, N.W. Washington, D.C. 20036 Counsel for Idaho TV Corp. KAID State Board of Education c/o D. F. Engelking State House Boise, Idaho Oregon State Board of Higher Education Educational and Public .Broadcasting Service Box 1491 Portland, Oregon 9720? City Council of the City of Boise Boise, Idaho Superintendent of Schools City of Boise, Idaho City Council of the City of New Plymouth New Plymouth, Idaho Superintendent of Schools New Plymouth, Idaho City Council of Garden City Garden City, Idaho Superintendent of Schools Garden City, Idaho City Council of the .City of Emmett Erunett , Idaho Superintendent of Schools City of Emmet, Idaho City Council of the City of Parma Parma, Idaho Superintendent of Schools City of Parma, Idaho City Council of the City of Payette Payette, Idaho Superintendent of Schools City of Payette, Idaho, City Council of the City of Fruitland Fruitland, Idaho Superintendent of Schools Fruitland, Idaho City Council of the City of Weiser Weiser, Idaho Superintendent of Schools City of Weiser, Idaho City Council of the City of Caldwell Caldwell, Idaho Superintendent of Schools City of Caldwell, Idaho City Council of the City of Meridian. Meridian, Idaho Superintendent of Schools City of A'Ieridian, Idaho The Honorable Don. Storey Nlayor of Meridian Chairman of the Treasure Valley CATV Committee City of Meridian, Idaho n ATTACHI~4I;DIT , PAGE 2 City Council of the City of Nampa Nampa, Idaho Superintendent of Schools City of Nampa, Idaho .City Council of the City of Ontario Ontario, Oregon Superintendent of Schools City of Ontario,. Oregon City Council of the City of Vale Vale, Oregon Superintendent of Schools City of .Vale, Oregon City Council of the City of Nyssa Nyssa, Oregon Superintendent of Schools City of Nyssa, Oregon $ ; ,. w .: . ,. r _. ,~ _. :; i`r ~ . _ .~ ., , ~~ ASSOCIATION of IDAHO CITIES l~c~~~~~dsa June 23, 1970 City Clerks: Boise N amp a Caldwell Emmett Idew Plymouth Fruitland 6"Je i s e r ,~ ~:> -r;~ s, ~~ ~ .-, ~~~" ^7 ,, f ~ ~ 7! j ., ~~, f ~~ ~~; ~ ,`r 1 ~~ ~; Meridian Garden City Parma Payette tdyssa, Oregon Ontario, Oregon Vale , Oregon GenCoE (LVO Cable), the franchise holder for CATV in your city, is updating their statistics and need the following information: P1o. of miles of streets in city limits ~~ I''Jo. of households in the city limits (can be estimated from several sources-number of water or sewer hookups, number of power users, etc.) If there are any subdivisions or developments adjacent to the city please indicate same information on these areas. No. of miles of streets No. of households ~Dfi~ GenCoE (LVO Cable) needs this update information immed- iately and vre will appreciate your filling in this sheet immediately and returning to us in the enclosed stamped self- addressed envelope Thank you. 1 _ _~~ ASSOCIATION OF IDAHO CITIES encl. .::. :i:!.~Stt ::N.llt1::k::li "YAM4\ri.! ~.. ;: ..;:.J;»...y. ._ - ..~iy:w..,u..~.ssY.uauu~vu,+ui,sJa._..v.i,. ,i .,i AssoClATroN~~~ 1402 BROADWAY - TELEPHONE 344-8594 ~1 ~~~.. ~~~ _IDAHO CITIES r:, ~ BOISE, IDAHO 83706 November 10, 1969 City Clerks: Joe Faster, Boise John Dieffenbach, Rlampa >~Herald Cox, 1bieridian Irene Walters, Garden City John Englehart, Caldwell Violet Stocking, Emmett Mary Staples, Fruitland .7essie Stelling, New Plymouth Mrs. Lee Pollard, Parma R. L. Hogg, Vdeiser City Managers: Fred Koch, Nyssa, Oregon C. Lloyd Castner, Ontario, Oregon Mayor: C. C. Cunningham, Vale, Oregon Please return this letter with the following information we have been asked to furnish the cable television company awarded the Treasure Valley franchise (GenCoE}. 1 ) Name of City Meridian 2) Number of residences in city limits 865 3) Area of city limits in square miles 1+ 4) Miles of streets in city limits 18 The number of homes in the city could be obtained from your water and sewer records. This information is urgently needed by GenCoE and will appreciate your returning immediately in the enclosed self- addressed envelope. Thank you. Sincerely, ASSQCIATION OF IDAHO CITIES ~~~ r ( ~•' R~ y ~Co 11 g Assistant Director Encl. (1) LAUREL E. ELAM CARL A, BURKE (1898-1961) CARL P. BURKE KARL JEPPESEN ELAINE F, EVANS PETER J. BOYD BYRON J. JOHNSON ROBERT J, KOONTZ J. DENNIS FAUCHER M, ALLYN DINGEL, JR, JOHN S, SIMKO JOHN C. WARD Meridian City Hall Meridian, Dear Sir: SLAM, BURKE, JEPPESEN, EVANS AND BOYD ATTORNEYS AND COUNSELORS AT LAW SUITE 1010 BANK OF IDAHO BUILDING POST OFFICE BOX I55S BOISE, IDAHO 83701 March 14, 1969 City Clerk Idaho TELEPHONE AREA CODE 208 NUMBER 343-5454 Several cities have asked c~.uestions concerning the publication of the Cable TV Franchise Ordinance and because of the questions that were asked, I thought it would be helpful to enclose a photographic copy of Title 50-329 of the Idaho Code. As you probably know, our firm represents GenCoE and we are responsible for bearing the expense of publication of the Ordinance. Unlike regular ordinances, a franchise ordinance must first be published within thirty days after the first reading although no specific time in set for the publica- tion. The statute simply states that the ordinance cannot b e passed on the day of its introduction nor for thirty days thereafter and only then if it has been published at least once in the official newspaper of the City. The ordinance can be published at any time after the first reading, I would suggest that the ordinance be sent to the official newspaper of your City and have the newspaper bill us directly at this address and we will remit the advertising charge to the newspaper. I also would like to point out that it appears the ordinance will have to be published a ain after it is passed. (See Title 50-901) This certainly would seem to be the case since Title 50-329 states that the expense of the publication "both before and after passage shall be on the applicant or grantee". n page Two If you or the Council have any r~uestions at all pertaining to this ordinance or my client, please feel free to call me directly or, if I am not in, call Mr. Koontz of this office. Sincerely yours, ELAM, BURKE, JEPPESEN, EVANS & BOYD B y ~~'<: _ ~' < _ 4 Carl P. Burke CPB:sd Enc: ~~ ___ . . .-~ ~ 376 377 PowERS 50-332 50-328. Utility transmission systems-Regulations.-All cities shall have power to permit, authorize, provide for and regulate the erection, maintenance and removal of utility transmission systems, and the rations, laying and use of underground conduits or subways for the same in, § 141. 4 under, upon or over the streets, alleys, public parks and public places to ex- ~ of said city; and in, under, over and upon any lands owned or under the :d 1222. ! control of such city, whether they may be within or without the city if limits. [1967, ch. 429,, § 50, p. 1249.] Compiler's note. Section 49 of S. L. Section 51 of S. L. 1967, ch. 429 is com- 1967, ch. 429 is compiled as § 50-314. piled as § 50-310. e aU- plants, 50-329. Franchise ordinances-Regulations.-No ordinance granting ;nts of a franchise in any city shall be passed on the day of its introduction, nor section for thirty (30) days thereafter, nor until such ordinance shall have been published in at least one (1) issue of the official newspaper of the city; and after such publication, such proposed ordinance shall not thereafter and before its passage be amended in any particular wherein the amendment shall impose terms, conditions or privileges less favor- -Pro- able to the city than the proposed ordinance as published ; but amend- plant, ments favorable to the city may be made at any time and after publica- nsmis- tion; provided that an ordinance granting a franchise to lay a spur, n sys- railroad track or tracks connecting manufacturing plants, warehouses stems, or other private property with a main railroad line, need not be pub- fng or lished before the same is passed by the council. No franchise shall be 's who created or granted by the city council otherwise than by ordinance, n held and the passage of any such ordinance shall require the affirmative lection vote of one-half (1/z) plus one (1) of the members of the full council. it may All publications of ordinances granting a franchise, both before and ~s cast after passage, shall be made at the expense of the applicant or grantee. F such Where an ordinance granting a franchise is sought to be amended same. after the same has been in force, the provisions of this section as s been to publication, before final action upon such amendment, shall apply before as in cases of proposed ordinances granting original franchises. [1967, 3peeial ch. 429, § 25, p. 1249.] places ~ Collateral References. Liability of municipality in damages [1967, Inclusion of different franchise rights for its refusal to grant permit, license ~ or purposes in same ordinance. 127 A, or franchise. 37 A.L.R.2d 694. ,61A. L.R. 1049. 50-330. Rates of franchise holders-Regulations.-Cities shall have power- to -regulate the fares, rates, rentals or charges made for the service rendered under any franchise granted in such city, except such ~ own- ~ as are subject to regulation by the public utilities commission. [1967, ersons ch. 429, § 26, p. 1249.] -ower - iereof. 50-331. Control of waters.-Cities may establish, alter and change ce and the channels of watercourses and wall or cover the same within the i shall ~ boundaries of the city and outside the corporate limits to the extent h may necessary to preserve the watercourse. [1967, ch. 429, § 52, p, 1249.] ~ Only ~ Compiler's note. Section 51 of S. L. tion 53 of S. L. 1967 is compiled as .ori all 1967, ch. 429 is compiled as § 50-310. Sec- § 50-315. egoing Te (5) 50-332. Control of sewers and drains.-Cities are authorized to clear, cleanse, alter, straighten, widen, pipe, wall, fill or close any waterway, ~eferred drain or sewer or any watercourse in such city when not declared, by < ~~ .. ~:. ~, ~ ^ A ASSOCIATION O~ IDAHO CITIES ~~ 1402 BROADWAY * TELEPHONE 344-5694 * BOISE, IDAHO 83706 February 27, 1969 To the Honorable riayor anti Members of the City Council of Meridian, Idaho Gentlemen: I am enclosing two copies of a proposed Cable Television Ordinance for your use. I am sending an identical ordinance to each of the other thirteen city members of the Treasure Valley C.A.T.V. Committee which, by unanimous vote, on behalf of the various cities, agreed to award the Cable TV Franchise.to~the Livingston Oil Company through its Gen- eral Cer~v.nications and Entertainment Company Division, GenCoE. I am informed that GenCoE's representatives will be available to answer any c~~estions you have concerning their company and the franchise. In almost all respects, the proposed ordinance transmitted with this letter is the same as the model CATV Ordinance attached to the bid proposal to the Treasure Valley C.A.T.V. Committee as Exhibit "A". Section 11 and Section 18 have been filled in. Section 11 deals with the rates and fees to subscribers, and Section 18 provides for an extension of time in the event there is a delay beyond the control of the grantee such as strikes, Acts of God, etc. There has been added to Section 10 the words: "residing in the city" to make clear that each pity is entitled to the revenue derived from the gross income from all subscribers tr3at actually reside within the city. While the Liability policy referred to in Section 14 could name all of the cities as insureds ;~~ce t?~ey would all be equally protected, the perfor~a.nee ~.:ond required by Section 15 should run to each city individually. The same is true with the proposed surety bond. In so many words, in order to protect tl~e cities it is felt that each city should have a separate Policy naming it as the named insured in the performance bond, as well as the surety bond. ~ - _ r ~ \ ~~ The amount of the surety bond should be inserted after a conference between the city officials and GenCoE's representatives. At the last meeting of the Treasure Valley C,A,T,V. Committee, GenCoE's representatives made a commitment to complete the entire system within 1~3 months after construction commenced. This com- mitment :as been put in writing and consists of three paragraphs replacing tine first sentence of Section i7. The only other c~,ange is the deletiotl of the last phrase of Section 4 which regaires the approval by the Public ITtilities Commission of the States o- Idaho and Oregon since it does not appear that such approval is necessary. GenCoE's bid, as well as others, was made upon the basis that all fourteen cities would adopt a similar ordinance. We have spent many months preparing for this day when we could jointly grant a franchise that would result in added 'aenefits to tine citizens of each of the member cities. Hopefully, the ordinances can be passed as soon as possible by all the cities so that the objective we started out to achieve will be fulfilled. Very truly yours, ~~ V, Jay Martin, Chairman Treasure Valley CATV Committee encl . ~ 2~ a„ 7 Community Television, Inc. Denver, Colorado City Clerk City of Meridian City HaZZ Meridian, Idaho Dear Sir: KTVB, Inc. Boise, Idaho February 28, 1969 KBOI-TV Boise, Idaho On Thursday evening, February 13, 1969, members of the ~ZZ Treasure VaZZey CATV Committee from Boise, Meridian, Nampa, Caldwell, Garden City, Parma, Weiser, Payette, New Plymouth, Fruitland, Emmett, and Vale, Nyssa, and Ontario selected an Oklahoma company, GenCoe, over eight other appZi- cants for the CATV franchise serving Treasure Valley communities. W H Y ? On Monday evening, February 24, we had the .first opportunity to reviera a copy of the GenCoe proposal. Even members of-the full CATV Committee did not have an opportunity to see the proposals or carefully review the proposals before they-were asked to take a vote. Now that a very ZZmited number of the ,GenCoe proposal has been made avaiZ- abZe, zae find that our proposed rates-and subscriber fees are Zor~er; and, in addition, the Oklahoma company actually has a proposed built-in rate increase which zve did not propose. In the area of programming service use know that we can deliver more outside television signals, and aZZ we would Zike is the opportunity to explain to members of each City CouneiZ ho~a this-can be done. Our-canstructvon schedule stated completion of the .system 90 days upon completion of pole clearance and rearrangement by the telephone and power cgmpanies. A telegram is available from one of the largest CATV equip- ment manufacturers confirming this construction schedule. The Oklahoma company proposed a minimum-of 1~8 months, and this could be longer as they z~iZZ not start construction until they have a minimum number of channels available from the Federal Communications Commission. In ZoeaZ service ~heh certainly is vitally important to Treasure VaZZey rae offered six originating studios; they- offered four. In-other words, 50% more. We offered a complete color mobile studio serving aZZ of Trea- sure Valley. They did not. -2- The CATV proposals were required to be delivered to the Association of Idaho Cities on Tuesday, January 28, 1969, by-2:00 pm. On February b, 1969, approximately one week after the proposals had been submitted, the screening committee accepted a letter from the attorney representing the Oklahoma company modifying. their proposal. We submitted our proposal in good faith; and, if an applicant is given the opportunitz~ to modify his proposal, aZZ applicants should be given the privilege. The FCG's proposed rule making regarding cross ownership should not be a factor. Community Television,-Inc., a participant in this proposed joint venture, is fully qualified to own and operate the system proposed by the joint venture if the proposed cross ownership rules are adopted and the two Boise television stations are unable to acquire a waiver of the rules. However, at this point there is no rule or law preventing KTVB and KBOI from owning a CATV system serving Treasure VaZZey. Cer- tainly Community Television, Inc., is well qualified, as they currently operate over 40 CATV systems in the Intermountain area. AZZ we ask is for. the opportunity to meet with the Mayors and City Councils of the communities that we have served for so many years. to answer questions and explain our proposal. May we have this opportunity? Robert E. Krueger Representative of the Proposed Joint Venture c% KTVB, Inc . P. 0. Box 390 Boise, Idaho 83701 REK/ap /'~ /'~ HAWLEY TROXELL ENNIS & HAWLEY ATTORNEYS AND COUNSELORS HANK OF IDAHO BUILDING ' POST OFFICE BOX 16t'7 BOISE IDAHO 83701 ROBERT I. TROXELL February Z0, 1969 AR[A COD[ 206 JEBB B. HAWLfiY, JR. T[L[PHDN[: 344.7083 PAVL B. ENNIS JOHN T. HAWLEY THOMAS A. MILLfiR MARHMALL HEAL NEWMOUB[ IV[R J. LONG ETEIO III ROBERT J. [NNIB CRAIG L. M[ADOWB I Delegates to the Association of Idaho Cities Committee on CATV Gentlemen; Your attention is directed to certain very damaging and, in our opinion, erroneous legal remarks made by the Association's counsel at the February 13, 1969 meeting concerning the awarding of CATV franchise. At that meeting your attorney, Mr. Howard Manweiler of Boise, took the floor and stated in effect, "Do not award the franchise to the joint venture of KBOI-KTVB and Community Television, Inc., because if you do you will be buying a law suit. " In support of'that opinion, Mr. Manweiler referred to certain anti-trust action brought by the United States Department of Justice against Frontier Broadcasting Company in Cheyenne, Wyoming. He implied that the Cheyenne case was "a case in point" and. that similar Department of Justice action would be taken if an award of the franchise went to our local television stations. Actually, the Cheyenne situation did not involve an anti- trust suit at all but concerned a petition filed by the Department of Justice with the Federal Communications Commission asking for a hearing on Frontier's application for renewal of "the local television station's licensed " The Department of Justice was concerned about this situation in Cheyenne because Frontier, in addition to having under construction the CATV system in Cheyenne, also owned Cheyenne's only full time `' AM radio station and Cheyenne's only mornin afternoon and Sunday newspaper. As a matter of fact, when the petition was filed, Mr. Edwin M. Zimmerman, the anti-trust chief of the Department of Justice, cautioned against generalizing from the petition and stated that Cheyenne is an individual case. ' ~"~ /'~ ~ t -Z- As a matter of fact, we know of no court or agency decision in the area of CATV activities where the Department of Justice has held that it was a violation of the~anti-trust laws for a local television station to own a CATV system and, in truth and in fact, the Cheyenne situation did not involve an application for ownership of a CATV system but was directed toward Frontier's request for a renewal of its local television station license. From discussing your meeting of February 13, 1969 with the delegates who were present, we are very much concerned with the use of the Cheyenne situation in support of a denial of a franchise to our joint venture when in fact the Cheyenne situation was not fully explained and certainly is not applicable. In further support of his statement that "you will be buying a law suit if you grant the franchise to the joint venture", Mr. Manweiler referred to either the Federal anti-trust laws or the Communications Act of 1934 as amended and gave the opinion that even if the proposed FCC rules were not adopted -- and we will discuss this point later -- the award of a franchise to the joint venture of KBOI-KTVB and. Community Tele- vision, Inc. would be a violation of either the anti-trust laws or the Federal Communications Act of 1934. There is not time to go into a full detailed discussion of the legal implications of Mr. Manweiler's statement. We have stated we know of no court decision or agency decision prohibiting the cross ownership of a local television station and a CATV system. We know of no such ruling or prohibition handed down either in the Department of Justice or in the Federal Communications System, and we believe that in the interests of fair play and justice we should be given the opportunity of rebutting the very damaging charges made -by your legal counsel at the February 13 meeting. Certainly there is nothing in the Communications Act of 1934 `' as amended precluding a local television station from owning a CATV system or engaging in any other legitimate business. Many cities intentionally chose local television applicants because (a~ local owners are interested in the long-term future of the investment, not merely in the possibility of a quick amortization and :, ' /~ /'y - 3 .- sale of physical assets to other parties; (b) local television operators are able to balance the needs of those individuals unable to obtain CATV service because of financial issues or remote location; and (c} any entities, including local television stations, which operate CATV systems are required to comply with the CATV rules of the FCC which were adopted for the purpose of assuring fairness and increased television service throughout the United States. It is our sincere belief, after discussing the February 13, 1969 meeting with many of your delegates, that had it not been for the legal opinions expressed by Mr. Manweiler, the award of the franchise would have gone to the joint venture instead of to the other applicant. Mr. Manweiler's legal opinion with respect to the Federal anti-trust laws, the Cheyenne case and the application of the Communica- tions Act of 1934 to the present situation was, in our opinion, erroneous and subject to strong and accurate rebuttal. We sincerely believe that the bald statement by Mr. Man- weiler that if you award the franchise to the joint venture you will be "buying a law suit" had a tremendous and damaging effect on the vote of your members and, in fact, was successful in killing any hope of a franchise award to the joint ventured In the interests of fair play and in the interests of the public as a whole, we request that your group grant us a re-hearing for the purpose of allowing us to intelligently analyze and rebut the very damaging and one-way legal opinions received by you at the February 13 meeting We would appreciate your immediate action in this regardo Very truly yours, HAW LE Y TR OXE LL ENNIS & HAW LE Y ,~ ' ~~~ ~W J OHN T. HAW LEY JTH:b ec: KTVB -Channel 7 KBOI -Channel Z Community Television, Inc. ^rs ! r s ~, r,~~ ~ ~,~ 'r' :x A meeting af, alf ~ ~s o~ tom: Treasure . , y~, . ~ . ~~~, ..~-.tt~enr~ . Ted; ~- ~~~~ ir{ee has butt, Set ' f~ °ii~ evenize~ +~€ ~tteir ~,Ca~elwell cite .c~-artrbe~. gEneral meeting.. eras ,end we~?)c aftei a sub~omtnitte~g, heed s,~+ Meridian mayor > ' She, , s~l?~c~ecl four comply Proposals for favor~bl ~o>ntlation tv tlte` ~~;' '~ 8~up on he ctperatlan t~f a `~+~ for the v y. ~~_ _tl ~~et..tie, po .the proposals is acceptedac~h of ~ . , the 14 member cit~r councils would .then have to :.vote on the award .with the opportunity of accepting or rejecting it. N>Me p±~ppsals were orginally . rQCeived by tZ~e C'ATV committee asd Storeys' cwt>;riittee was named to study the plans and. pick out the ones they considered the mast favorable. .. ,, A~OCIATION of ;~pHO CITIES ~~ ~u~~etin Iviarch 24, 1969 To: City Clerk G~tY eridian mp Caldwell Parma Emmett New Plymouth Payette ~Jeiser Fruitland Ontario Vale Please advise the date for the third reading and public hearing on your cable television ordinance. Thank you. Very truly yours, ASSOCIATION OF IDAHO CITIES Ray Holly "I~~ ~~~ Third and final reading of Ordinance Number 180 will be accomplished on April `7, 1969. ' ~ `, Herald J, i pity Clerk AP~'i1 24, 1969 E~• Bux'ke~ JePPeson ink of Tdaho g~~ngand Evans Boise Idaho Res Cable TV TO WHOM IT MAY CONCERNS Dear Sir: Enclosed please f ~ Passed by the ind a copy of Ordi and Cit cotuzcil and officially signed b ber 180 Y Clerk. y the ~3-or Sincerely y°'u's• V xerald J. Cox HJCso City Clerk cc: File .. S~H~k)""~NT - ,.. ~. , V,4LLEY N~Et/S-TIMES ;COMIINING MERIDIAN NEWS-TIMES , "~ %' I~UNA-MELBA FIERALO , , • GARDEN qp~ GAZETTE ` -° IQAHO'Ei lARpE:ST • BOISE VALLEY HERALO ~ PUg1.~gHING F'' O. sox sea • WEEKLY NEWSPAPER M ~ R 1 r~I.E:PHONE 888.4x23 ~ ADVERTISfNG ' piAN, IDAHO 8384$',~~~~ ~'` 7?p ~SAridiail gt• _~,TI~ ~~ridaq, I~tatho 83642 i,~s 9 of ~~ ' DUR AND PAYABLE AT ABOVE' AODRE;g9 OR IMON?H ROI„~,pyylNp DATE OF STATEMENT BY f OT>H r_, --DATE _~w.-.-~, - ~^-. T~?.ESCRIpTIQN BALANCE FpRWgRGE!) ~'_ "~ ~~,. zl ~r . - ~~: _ n r ~d t•~~~~' P ~•-~ Wit' ,,~ i ~'<, ~ ,~ ~ .'° p ~~ ~~.~ ~ ~~~ r~ ~ . ~~~ _,~~~ ~~ .~ ~,,~~ ~~'~ ;. VA L L El~`1c~~V5. TI IV4 ES MERIDIAN, IDAHO 9 CHARGES r ~___=~- CRLDIT~ I / 9/ (a ~'/~s -~'?/ ~o ~3a ~~~ lo~'~ •~.2~"0 ~~"~ ~~io ~~~~s ~~~~n pia .~o .r...-.- 3'~ ~ . q2 0 f ~9.~ AMOUNT IN TN 6T COLUMN ,. . ~~ k • ~. , I -~, 6 ' i~ir. 7 t I {{4 J n ~~R,E ~, ~'. JAMES ~ CO. of TELEPHONE 583-2661 OKLAHOMA INC. ~~ LVO ENTERPRISE BUILDING TULSA, OKLAHOMA 74103 CERTIFICATE ISSUED TO: ~ City of Meridian, Idaho NAME and Meridian, Idaho ADDRESS L CERTIFICATE OF INSURANCE are in force at the date hereof, as follows: KIND OF INSURANCE COMPANY AND WORKMEN'S POLICY NUMBER COMPENSATION ANp EMPLOYER'S LIAB The Home Insurance Com Eff. ILITY I COMPREHENSIVE pan PWC4126477 y Exp. ~ GENERAL LIABILITY * e Home Indemnity Com pan Eff. CONTRACTUAL GA4699441 Exp. LIABILITY Eff. AUTOMOBILE LIABILITY ~ Owned Automobiles '$ Hiretl Automobil ~ Exp. ~e tndemnl~ty ` vm ' es ~ Non-Owned Automobiles pal ~ 1 GA46 99441 Eff. Exp. OTHER OTHER Eff. Exp. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED -J BY ANY POLICY DESCRIBED HEREIN POLICY PERIOD LIMITS OF Llggl- L~TY '------- BOD~LY INJURY 4-1 -7 PROPERTY DgMgGE Work. Comp. -- Statutory 4-1-75 Employers Liab. $100,000. Nl~ 4-1-75 4-1-74 $500 000 Per Occurrence Combined Sin Limit Bodily Injury and Propertye Dama~ce Liabilit $ ,000 Each occurrence $ ,000 Aggregate $ ,000 Each occurrence 4_1_74 x$500,000 Per Occurrence CombinedgSing(e 4-1-75 j Limit Bodily Injury and Property Damage Liability i Eff. ~-------~_ *Comprehensive General Liability includespMan Protective, Products 8, Completed O ufacturers' 8~ Contractors' aerations and Blanket Contractual Liabille'ty tors, Owners The City of Meridian, Idaho, its officers, boards commissioners, agents and em to are named as additional insureds, but only as respects contr Communications and Entertainment Com an act with ~, P Yees P y, Inc, eneral In the event of cancellation of said policies or a reduction in the limits of liabilit party to whom this certificate is issued ~2(r#~A~C~i1~C~Cti~DCx y, the company will endeavor to IVe 30 days ~~~#~~P~14QAX~ffdk~~q~x~,xDE~aar~euu ~ritten notice to the This is to Certify, that policies in the name of NAMED General CoR1RlUnicatians and ENSURED .Entertainment C and ompany~ Inc. ADDRESS p,0, Box 3423 L TUlsa, Oklahoma ~ FREll S. JA,yIES & CO. OF OKLAHOMA, INC. -J By: ~ ~~~, ~: Don ~ • ant, President pate ~ _ 3-12-74/ow ''~ Superintendent of Schools New Plymouth, Idaho Superintendent of Schools City of Meridian, Idaho City Council of Garden City Garden City., Idaho The honorable Don Storey . Mayor of Meridian Superintendent of Schools Chairman of the Treasure Garden City Idaho Valley CATV Committee , City of Meridian, Idaho City Council of the City of Emmett City Council of the City Emmett, Idaho of Vale Vale, Oregon. City Council of the City of Nampa Superintendent of Schools Nampa, Idaho City of Vale, Oregon City Council of the City Superint~dent of Schools of Nyssa City of Nampa, Idaho Nyssa, Oregon City Council of the City Superintendent of Schools of Ostazio ~ • City of I~Tyssa, Oregon Ontario, ~egon Superin:encent o: Schools City of Ontario, Oregon ~. ,; f ,.~. ; ~~, ,~. Patr.~ci L. NeW~kirk