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Franchise Agreement General Communications & Entertainment Coz LAW OFFICE ~^4Ghi5 M MOFFATT, THOMAS, BARRETT SC BLANTON kio ~t s Y .~ FIRST SECURITY BUILDING If2 _x ~9;~(~ ry~(G {J~' O BOISE, IDAHO 83701 ~~ TELEPHONE April 16, 1965 Ma and Council City of Meridian Meridian, Idah o Gentlemen: ~~~~ Y, J~y~ AR~jEA CODE 208 1 ~GM \ W 344-7825 '/ \ ~k1~~ k~~ ~~~ I I have been authorized and directed by KTVB, Inc., an Idaho corporation operating television station KTVB, and by Boise Valley Broadcasters, Inc., an Idaho corporation operating television station KBOI, to pre- sent the application hereinafter set out to the City Council of Meridian, Idaho. Television stations KTVB and KBOI have attemp- WILLIS C.MOFFATT EUGENE C.THOMAS JOHN W. BARRETT J. CHARLES BLANTON J EREMIAH A.OUANE LEO M.KRU LITZ D. DUFF McKEE ted, and we believe successfully, to provide good tele- vision programming for the entire "Treasure Valley" area. They have been informed that various corporations and persons intend to install cable television service in one Mayor and Council April 16, 1965 Page 2 or more of the metropolitan areas situated in the valley. It is recognized that cable television if properly opera- ted should provide the subscribers in the areas served with a broader selection of television programs, even though the two existing stations carry approximately 85% of the regular network programs of the three national networks as well as regional news and other programs of general interest. On the other hand, a cable television system in one or a few of the metropolitan areas served by these television stations would most likely dilute the listening audience of each of the present stations to the extent that national programs might not be purchased in the Boise market by advertising sponsors if such programs were avail- able there through cable from outside television stations, and advertising might be diminished with resultant necessary deterioration in local television programming. Although only a relatively small portion of the television audi- ence of the two televisa.nn stations serving the Valley would be served by cable, the remainder, not served by Mayor and Council April 16, 1965 Page 3 the cable would be adversely affected. Consequently, to assure the continuation of the best available service for the entire area served by television stations KTVB and KBOI-TV, on behalf of the above named owners of such television stations, act- ing as a joint venture, application is hereby made for a permit or, if lawfully proper, a franchise for the installation and operation of a cable television system to provide service to the city of Meridian. We request the Mayor and Council of Meridian advise these applicants of the terms, conditions and procedures under which this application will be granted so that the joint venture may comply therewith. We appreciate the consideration of this Honor- able Mayor and Council in this matter and on behalf of the joint venture and ourselves, we offer our full assistance and cooperation. Respectfully submitted, MOFFATT THOMAS, BARRETT & BLA.NTON BY .e%~i i~ Attorneys for KTVB,(/~:c, and. Boise Valley Broadcasters, Inc., acting as a joint venture AGREEMENT THIS AGREEMENT Made and entered into this day of •~ 1969, by and between the City of Meridian, Idaho, hereinafter referred to as the "City", and General Communications and Entertainment Company, Inc., whose principal place of business is Tulsa, Oklahoma, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, The City has enacted an ordinance granting a community antenna television franchise, a copy of which is attached hereto marked Exhibit "A", and by reference incorporated herein as if fully set forth hereat in haec verba, and, WHEREAS, The Grantee has agreed to furnish CATV service to residents of the City and other areas in accordance with the terms and conditions of the aforesaid ordinance, and WHEREAS, The Grantee has agreed to and has become signatory to that certain agreement attached hereto marked Exhibit "B", and by reference incorporated herein as if fully set forth hereat in haec verba; NOW, THEREFORE, The City agrees to permit, and the Grantee agrees to provide such service under the terms and conditions of the aforesaid Exhibits "A" and"B", APPROVED By the Mayor of Meridian, Idaho, this day of ~1L, 1969. VED: ~ . / ~,~ ~- ayo r ~ ATT~7,7: _ /~~w.~J/// _._ 7 'f V' ~ 6Y ., y • _ THE LIVINGSTON UIL COt1PANY, the parent corporation of the Grantee, does hereby guarantee performance by Grantee of all of the terms and conditions of the Franchise Ordinance Exhibit "A". In the event of any default on the part of the Grantee, The Livingston Oil Company agrees to fuJ.fi11 all of the terms, conditions and obligations in accordaizce with the Ordinance. DATED: , 19~. THE LIVING~~TON OIL COMPANY i Y r_,.~-Y. .._..W..... ._.. _~ ..., ,., .,~ ... _..., ,~ ~'f . ~, , _ - ~ ~~ 1, * ~d~" ORDINANCI~ NU . --.._1~~" ~_~, •, BY TIIE COUNCIL; SICIVJ?R, Y,UDINia, ELLxS ar~d N!`,VARi:O AN ORDII\'ANCIJ CP~ANTIIVG TO TIIE LIVINGSTON OIL COri].'ANY , 't']{ROUGH I7.'S GENERAL COt~IT•1Ui1ICATIONS ANA ENT£RTAINNIL'NT C(']~IPAI~t'r DI~I-ISION, TULSA, OKLAkiOII.A,, A FPu~NCHISF TO OPERATE AND MAIi1J.'A1.'" A COT~I~IUI~tITY ANTF,NNA TELFVTSTON SYSTEM IN THL'" CITY OF MEI:II~TA'`?, FOPS TIIE PURPOSi OI' IrI`i'1~RCE].'TION, SALE AT1D DISTRIEUT:LON OI' 'i'isl.1~'VISTON AND RADTO SIGNALS ':i0 THE INiIABITAN7'S OF SAID CITY: IITI~OSIr;G CCT°tPLZANCE WITH APPLICABLE LAtiJS .AND OP.DINANCES; AUTIIORI7.I1~?G A C?:11T`.i OIL AUTI•tORiTY; PROVIDING THAT SAiD FkANCHISE SHALL BL A NUr~ ~ExCLUSIVi~ GRAM'; CREATING THr TREASURE VALLEY CA'1'V COi~Pi'1T.TTI:}?~; SPLCIF4'- ING GRANTEI: RULES AT?D SEP,VICE STANDARDS; PROVIDING FOI: CITY RIGHTS IN SAID FP.AiVCIIISr; SPF,CIT'YIi~G COi1DITI0P?S UT•1 J'1'I~I~.ET OCCUPANCY AND USI.; PROVIDING I'OP. THL EP.I:CTION, RE1;~OVAL AND CC'~:`,i?01~ USER 0^ pOLTS; SPECIFY:LPIG P^.YI~I)sNTS TO SAIll CITY; PRO'JIllI1`.G 1'0?; P.ATI~S ANU FEES OF SUBSC'?IBEP~S ; SPECIrYLNC AT~?NUAL FIrIANCTAIa P,]a}'0?:'1' AN7) RATE REVIEIJ; PRL'SCRTETNG THAT PP.EFEP.ENT.IAL OR DISCRI.iIT.rIA'}'~;~~:Y PP.ACTICES BL PROI~IIEITLi~; P.EQUIRING COZ%~PAN1' LIAB:CLITY ATID I.1`T})]si~INIFJCATION; ~EQUIP.ING THAT A FAI3"Y.FUY, PEP.T'ORt~L.!1NCI; BOND B~ GI.V}~~:T1; SIJTTTIIG FORTH OPER.ATI0I:IA'(~ STANDARDS . SPECTFYTNG CONS'.CRUC'1':f ~i~l CGi~IPLETION AND PENALTY TH],?:EFORE; SETTING FO RTrI AN E~TL~iSION P)T..1CY; REQUIRIrIG SERVICE TO SCHOOLS; SI?ECIFYINC7 `i'H;!; T)UP.A'11OTd A1.dT} CUNDITIUNS FOR TI~]I; t1CCLYTAPI;;P: OF FI:ANCIIISE; PROVIDING FOIL LIM:C'~'~1':CIOI`TS OI' SAID • , «'RANCrI-ITSI;; P]OVTllING FOR SEPARAI3ILTTY; SE'T'TING FORTI: T~isSCF~LLA?~TTrOUS ?ROVISIONS; AMID T};E F.I:QUIP.L'~iEN'L' FOR PAYI`-TENT Ole' PU]51,:CCAT:~OI~I COSTS. Section 1.. Definitions; For the purposes o£ this Ordinance, the following terms, phrases, words and their ~iveh herein, k~hen not ~ '`~'~'~ `'Y< ~ '" de~~vaitidt~s "sh'a11 haves the mearlin~ i.nCpnS~-s tent with the context, words used In the pr~:sent teLlso include the future tense, words in the pleural incluc?.c~ the singular and caords in the singular include the plural. The word "shall" is always mandatary Ind not directory, . i" (1) "City'': The City above named, a municip~il corporation of the State of Idaho, in its present incorporated form or in any other reorganized, consoJ.j_cTatGd changed form. (2) "Cauizcil"; Th® present governing body ofi the City F or anv future body constituting the legislative body o~ th^ City. _.~ .. -- :. _ ~ . ... ~ _ ~~ ,a~ . ?,~' .. _ ~ ~ _- ~ - (3) "Grantee" : The l~e~:;;oi~., f-irn1 or Goa:l:)U7:~~t-J.Ui1 tp k:' E... ., - WhoI11 oa; to c•ylii.ah a fa_•aiich:i.se `uicicr tll:i.s oa:clx.n~•~i~c~c~ i_s granted Uy the Cau~lcil, anti tlio l<<wl:'ul Succcssc~ or a.ssi.liic~c o:E sai.cl pe•r.son, flru~'oa:' corl~orat:io~~, (~+) "Street": The surf~~ce off, and the space: Above and beloc'a, any pttblir. street, road, high>»ay, frec~vay, lane, alley., court, sidec~a].k, parkc~ray dr~.vc: or other pub7_ic property, hereafiter existing as such within thca Cj_ty, (5) "Cammuni.ty Au,ternla Tclev~s~.on System"; Hcreina~ter ;, referred to as "CATV", "CATV Sys tern" ar "Sys tens" Shall. mean a system of antennae, coaxial cables, wave guiclcs or other conductors, equil~tnent: of faciJ-sties c1ssl$ned, consta-ucted or used for the pur,Z~oso cif ga;ov:iding telev~.si.o;), F,2.2, radio, ar ot.ller servl.ccs by cable throu~,h ~,ts facilitl.c~s a a herein coni'.emplatecl, CATV shall not moan aa° ineXudo the Cra1Zsm~.ssiotl o~ any spec ia1 l~rpgram or event faa.• whj_c11 EZ sel~~^~ ~ ~zt~ a,nc1 distinct: ch~~.rgc l.s made to the subscr:~bc~a- i.n thc~ iiiar~ric:r. oOrilTttonly lcnoc+m and ref'exred to as "pay: televis7~ori," ,; ~Ga "Subscriber",; Ai~~y~ persar~.q~ r entity xecei,vix~g fog: any purpose the CA'i'V service o£ the Ga-eantec~ l~u+rel_i1, (7~ "Ganua1ittee"; The Treasure Val-ley CATV Committee a~ r>:av3.ded herein by SeGtiean [}. "" Seotio~ 2, Grant o£ Authoritys .There is hcreUy granted by ,, ,,; the CiL'y of 1~Ieridian , State o~ laho , to the Livingston Gi.l :` Corapaiay, through its General. Comn1unicatians And 1sntcrt.~.3.iunent: r'~~, Cpmpally Di.Vis~A11, whose principal place of bus:i.~~ess i.s Tulsa, Iv 1i„ ~1c1a11UIlla, its SUCCe$$Qrs Ai1d a,ssi.gns hereinzfCc'~' rc~fezr.ecl to as "'~'~ Grantee, the right and privi.l.ege to cpnst~ruct, ol~c~rat:c and inain~ ' tain a conliliunity antenna television System cait.hi n the Cl.l.y f_or ~. ., u! ~+' ,~;: ~ ~, "~ ~~~~ 14 V° ~~'•1;. LO tllc tGr111S, CO11d1t1.OT1Si a11C1 1)1:OV:1-SJ_On$ CC)11tL!]_ll::d 11C'.1C':L1'1. Secta.c~u 3. Non-c:cclus:i~vc G~:~`li~.t:_ The r~;llt. to tlse ai1d. occupy the st.rc.ets, alleys, public ways and places for the pur_poscs hel:cirl scat forth sh~Zll. not Uc exclusi.ve, aiLCl the City rese7:ves the rigl.Zt: to grant a similar use of sai_cl strE~Gts, alleys, pub7_ic ~oays and places, to any peg:son, 1.x111 or corporation at any La_111E'. duxill~; the period oi' t.hi_s franch:l_se. SeGta_orl ~;•. Treastl-r_e Val^J'~y C.A.T.V. Col~u~li«t::t.c'e~^ Authoxirat3.on; Recagnit~.on of the ~V-C~1'~V Co11u111.i:t.E:e, its po,•~ers acid responsibility, to negotiate clnd recolllnlend &s SE3t forth in that Certalrl a~rGC'.111C11t: creat~.rlg S~'la_d Conunittee and to ~~~hieh the City of Nlericlia~~ _~, and the GzAntee are si~llat:ory, is hereby aekno~~~ledgecl a11c1 the duly appo~.nted rcpresc~lltai:ives of the City of ~~, I~Ic~3~c':_iTan axe aut-1lorilcd to act for and on behalf: of the Ci_ry pursuant to the terms, provisions and conditions of said ag~-ecment. Section 5. Gral1tee 1:u1.es ; The Grantee sha7 7. have the authority to prolllul.gate such rules, rcgul~~ttions, terms grid Qonditions govarn~.na the conduct of its businoss as shad-1 be ro.~.sonably necess~~l~-y to er1~~.UlE~ said- C'ral-ltc~e to •• exercise its rights and perfol-cn its Obligat~.ons tuZdc~r this franch3.se and to assure uninterrupted se~-vicc to c~~ch ,and all of i.ts ~~custome~:s, pxovided ho~~~ever, that: such rules, regulatiorls, terms and coluiitiolzs shall not be i_n conflict wI-th the provisions hereof , the rules of the k~ ecler. al Conununications Conuui-ssion or the lags of tkle State o:f: Tdaho. Section 6. SsrviGe_Stanclar.cl~ The Gra~ztc~e s11aJ.]. maintain and operate its sys tC=111 and render eff is ic~lzt: sexvice •: ~.,,,?~, ~~w~ ' , f e~~i-» . fir, in ticco,~clar~ce with such ru7_cs ~~ncl rc~gulati_o~~s as ~lrc>, or muy be llercina ter pronlu7gatecl by the CoulZCi.7 or by they Fe:dei_al Conlnlunic~'ttio~~S COIIIIniSSi_Oll. 1•~nlenevcr. ii: i.s neccssZr}' - to intera~upt service fog: the p~u-posc~ of mak:i.ilg a:.el~ai_~~s, s,e3justnle'-ntS o~: instal_lat:i.ons, the GrantE:e shall. clo so at such time as will cau:;e the least amot111t of inconvc~~~icncc to its customers, and unless such interruption is unforeseen and 3.~nrnediately necessary, it shall. give reasonat~l_c noi.ice thereof to its customers. Section 7, Cit Ri_~;hts in franchise; (1) C~ 12ulc~s. "1ho Grantee shall at al.l. t:i_mc~~s during the life of this franchise, be subject i:o lawful. exercise of the poliGE' po~~er of the Cj_ty and to such rea~;ollaUl.c protection as the City may hereafter by resolution or ordinance provide, . (?.) Use o~stein by Gi_ty. The City ,shall have the right without cost, to m~zl:e a.ttach~ncnts to pales o~,ancd and used by the Grantee in connection with j.r.s fire o~' police signs.l systems o~.• other city uEe, such attachments to be i~natallad and mAintair~~d in. accox~,~G¢; ~~~~.th the requirements of the National Electrical- Safety Cocle and only aCt:er written notice to the Grantee; provided however, that the Grantee shah assume no liability ax erpei~se ~.n connection therewith, and provided further, that the Ci.ty~s usQ thereof shall be ir- such a manner As not to interfere with the coninluriity antenna television operations of the GrantE~e. In case, of any emergency or disaster, the Grs.ntcc shall., upon request of the City Council, malco available. -its facilities to l-he City for emergency use. (aj Compliance with Grantee Rules. The City in its use „~ .,;~~ comply with tl~e rules and rc~;u7.~itions oi' the G~_eintc~c~ iii a~.cler that there be a minimum clalll,er of contact or cc~n:C7ic~t bctwncT~ ~tlle wires aTid fixttires of the. Gr~.ult.ee and t:l~o w~.~-cs <<i~cl fixtures used by the Clty. (b) Li.r~bilit_y~ The City s1Ta7.1 be solE~ly i~e~sl~o~~sible and save t1iG Grantee harntXess for zJ.l claims and dcui.incls for damages to persons or property arisitl~ out of tl~c co~z;;i;ruct~_on, maintenance,. rea.rt:cingenic~nt or rcii~ov~z]. of l~olcs, t•~ires, fixtures, or other faci].it].es authox~,aed by this section. (c) 7ns~ect~i~on of Pr~e~°~y a.nd Rccorcls , At. ~~].1 times. during C0115trUGtl011 and at a7.7 reasoll~~'lbl.e Limos thereat:er, the Grantee shall pe7-nlit any duly authorised rcl~»~esc,it.ative o£ the Conuni.t:tec and/or the City to examine a7.1 property of the Grantr:.~a situated wj_thin or without the City and to examine and transcribe any and a1.7 maps and oLlier reeards kept atlcl Tnaj_ntainecl by the Gra.ntE~e, Section 8. Conditions on 5t~reet Occu~~ar_icy___ llsc• :_ (].~ U~ A1~. tra,nsmissioTt and distribut3.on structures, lines and equipment • ex~~ctVed by thQ GxAntee within the C].tt"y shall be so located as to c~~use minimura ~.nterfe~-c~iice wi.i:ll lhs p~:opex use of streets, a]-leys and other pub7.iG w~~ys and places, and to cause mini.n~um inte~;fereilce caitll the rights or reasanabla convenience of property owners wlzo adjoin any o£ the s~~id streets, alleys or other publi.G ways sacs places, and' not to interfere with existitl~ public uti.7.3_ty installations, In a].l areas of the City where t;he cables, wires or other like fac~.lities of- pttb].ic utilities are placed utlcler~rottlld, the Grantee sha7.1 pl~~tce i.ts cab7_es, wires, or other like facilities ttnder~rotuld to the ma~.iuium r ~ ~ wrY i shall furnl.sh to alul t'il.c ~~,J.t:II the City, nt~~ps, ~~].~~~:,; ,zncl permartent xc:cords of t11c location and cl~tttl-~~ctier of a7.1. ~clGiliL'1.GS CUIIStI'l1CtGCl, inclucla.ng uncle~-grottncl tacilitic~s, (2) }:estor~~.tion. In case oi' ally d~.sturbarice of 1>~tvem~t~t-, Sidewalk, driveway or other sttrl"aciti~;, th@ Grantee shall, ~t its o~ti'11 erpetlse, alld in t;lle manner proviclecl by the City, Replace and restore all. paving, sidewal-k, drivc~aay or other sur~acc o~ any street or alley disturbed, (3) Rel.ocnti.otzs. lf? at Any tuna during the pexiod oi' this i'ranchise the' City shall l.atv£ully elect to alter, or change the location of any street, alley or other, publj.c way, the Grantee shall upon reasonable notice b}' the City, remove, relay and relocate its poles, winos, cat~l.es, underground conduits, manholes and otlter iixt:Lt~-es at its qwn expense, and in each inst-once cotnp].y with t:l--e requirements of the City. (~F} Placer~~ent of Fi}:tares, '!'he Grantee Shcil.l. nOt ' place poles, conclu~.ts, pr other fixtures above or below ground whore the same wi11 interfere with any gas, electric, telephone fi..xtwure, water hyclr~~tnt or other ui.il9.t_y, and all 81~Gh poles, conduits Or other fi~;tures p7-aced l.n any $txEet shall be so placed as to comply with all xequirements o£ the City, (5) Tetra oxa~Removal. of ~tl:~re and/or Fixtures £'or Bui~ ldin~ovin~ The Grantee sha].1, on xec~ue5t of any pe~-sotl holcli.ng a moving permit issued by the ~ City, t.en~poraril.y move its wires or fixtures to permit the moving of bu3_ldings, the expense of such temporary removal, to be p,~ticl by the person requesting the same, and the Grantee shall be given ~. ' ~b~ (6) 'Trco '1'ri,tu;li_n~^_ 7']ic C;~°c?ntcc~ s11Z~..I. llcivc~ ~:t-tl~ioi'ii:y to l.ri_iii airy trees upo~i ar-icl ov c' ~~ha~~.~in~; t.llc: s t >_ c c~ t s , alleys , side1tiTallcs, public p7.aces of the City s o as to 1>1_c:vcni, the bra~lcl-lc~s of such. tress ~i~Olll CO111~_11g in CO1'1t:1?Ct. C9 i.t_li iaie wi.rc~s And cables of the GraTltee, e~ccept that st tl~e ol~t:i.an of the C1.ty ~ S11C11 tr7-111Lilj.ng play bC done by it ~ Or llnCiC'.7' ] t;i Sl1pE?r° vision Arid direction, at th e expense a nd 1.iat>j_] i_ty of the Grallte~ ~ Section 9. ~rection~Remov,~~ Reid Corc~~ilon Usor. of Poles: (1) No poles or Ot11Gr ~-yire••ho]-Cliilg st:ruct-ur.cs shaL1 be e~:ected by the Grantee without prior approval. oi• the City with re~;ar_d to location, height, type, zncl ot:lu.+r pertinent aspects, However, location oi' ar~y pole or ~~rire•- holcli~~,g structure: o:t' the Grantee shall not be a vested i.ntere5t a~1cl such poles or structures sh~.:1.7. be removed . or mocli_fic:cl by the Grantee at ils otan e~:pei-~se ~•rlu~,~c~ver_ tllc City cletenllines that public convenience would be enhanced thexeby, t2) ~Jhere poles of other wlre~ho].d~.n~; st~:uctures of mny public utility company ar.e available tat- use by the Gx'antce, the City may xequi.7-e the Grantee to use such poles and $txuctur.es ~.~ the pey-mission and Consent of sl1Ch public utility company mt~y be obtainod by Che Grantee and if. the terms of the use available to the Grantee are just and reASOnab]_e, a]_1_ to be clone in eonio~.-manee w]_tll the rubs, regu]ation:a and rsgttizccnonts o£ thG -Fub7.ic Utility (;pt11n11.suiOR oi' the State o£ Ic?aho and the City. (3) Wl-lere a public utility serving the City desires ~: x;-~ !~~„ ~~~, ~~ ~ <<!', ~,: ,,;. ~[i •.~. ~~` ~, ~4'~ ,t k~?~ ,~ i F, ~. to make use of the Doles or Otller wire-holding structures i~ ..n y pc~rniit such use for such cons:i.cici-ai~i.on t311C1 upon ;;uch terms as the Council shall Cle1,C:l"ITI:I.11C'- to be just ttncl rcu~sailabl.c~, if the use wil]. enhance the public conVC'illc'.11C'C' aricl 3.i: it WOtl]-Cl 110 t Ul1CtLl~.y , i11~~T= ~er (' W~.t11 i:11C (hall t. C'.E` ~ S O~~CT'~i t l.Ori. (~F) ti(Izc:ze City owned tltility poles arc; :ivaa_1ab].e far use of the Grant:cc, the Grantee shall pay the City the sama po].c rental_ per annu~a as paid by the Grant.ec foi the tisc~ Of poles o~-anecl by oi:ller_ ptibli.c utilit.ics. Sect ion 10. Pa~rinents to the Cit: The Grantee shall pay to the City anTlu~~il].y a11d within sixty (60) d~~ys after the elul of each period far which this fr.allchise is gr<<11ted, an aTnourlt equal to a pcrcc:ntal;e of gross Income f'rnm subscribers xesicling i.n tllc'. City as fo1]o~•~s: lE% for. the first t:~,~o yew's of opexati.on; 3% for the ne~:t three year;; of operati.oll. The fl°a11e11ise rate is to be renegoti~~.tecl ley tl-~c.~ Com~ni_ttee tit the' expiration of each f~.ve (5) year. period during the cifect:ive tor'-n of: th].s franchise oT: any e~:teusion thereo ~. Section 1].. Rates f111C1 _Fc•cs of Subsc7,iber~___ C~rantee shall be permitted ~o charge the following mites Alin fees for its serv~.ces: Resictent3 al ]-st Outlet-insta]_l~~li:ion charge $9.95 ~; Molltllly SC'.rV icC' char.l;e 4 ~ 50 ~`''k Each aclda.tional out].ct••i.nst.a].la,tion ch~ir~;c 7.60 Month ]_y service c}large (l;ach ciddi.tiona}. aet) .60 FM instailatioll cllaxge 5.~}0 __ _ - - ` .: ~.~el:,,'1 .. ''.J.~ ~~a I;~,l ~:,;t dove: out:l.et•-cli:~fcax~c~lit raom $ /.50 ~e~ k Clia~.~f;c~ of ~idcl~:ess chax-~;c., 3..`i0 Cornu7e~.~ci.a1 lst Otttlct•-irist~lJ.J.czf:].oll charuc~ 9.~~a 1~Iont:hly sc~rv ice charge li.. 50 ~acl1 additional set in: t~~J_J.ation a. t. gLar~t.ee's c:ost~ i~~1Ch aclcliti.onal set•-t.~onth cht~xge (ap~~r. trncnts) ?. 50 1~ach aclcla_tions,7. sQt-monthly chaxgc (motels) ~ ~, ,75 ~'~ 1~'rec instaJ.J_ati.o~i and one month free service t:o he oifc~~_ed to custom;~zs ~~~l~o subscribe during the construction peri.acl, k~~c When 11C:CE;3sc'l~"y, ~ . 75 pC'.r llloi1t:11 itCld].t ]_Or1~tJ. to be: c1~a~:}(n.~~:~d unti.7 the cost of t1.1e converter il4'LJ been ~~~nc~rti~ecl, Convcrt-er then bccornes the property of tl-~e subscriber. The ahave rate and fee scheduJ.e sha].J be mai_~itai.ncd at the same x°ate ar~cl 3'ce set forth herein unt.i.J: rnor.c t:l-~ir1 foul- (~~ outside, inclepenclent si.~naJ.s axe Author. ized by the Fod~raJ_ ConununiGatiptls Conunission, W'1~en the l~edc~ral Cott~rattni- CFIti.Olls COillillisSi.oll authorizes other itldc~pciide;lt :;i~nals fnr txansmi.ssion by Grantee, in excoss o:~ four (~,~), Gr.ant.ee has the option to increase its rate in t;he monthly service charge oril.y i.n resi,clentinl and commercial categories of 1.66% fox eACh indepcndcmt s t~ttion tiuthorizod, up to ~z total maximtun of Six (G) ne~~a, independent stations, Section 1?_, Annual I'inancia.l. i'.c port: and 1:~Zte l:evieca: ..____r___._~_---- _.~. __._._ ~__._ On or before April 15 of each calendar year duri_n~ the term o~ this franchise the Grantee shall file wi_tl~ the City an audited financial statement of its opcrati_ons dut-i.n~ the t ~~'' preeeecli.rtg ycF!r, Suc:ll statGUic~nt s11alJ. be prel~~tr.c~cl 1.I1 collfo~-nt~~Itlce t~itl~I f~e>teralJ_y accepi.ecl acc:ounti.n~, p~-~;ct:i.c.es by n J_l.ce~t,;c~cl cc•~~t.j.fi:i_ccl }~ul~l.:i.c accoutat;s~Iit o!' tl-c~ Stafio of Zdallo , Ancl sha71 be suf'~i.ci_c~,r-t. iIl c}c~t~~Ii.J. i-o }ac'rrui.t- ~~, detcrn1inatiorl by t;:he CC1111I111.ttC'.e that. the r.atc~s all (1 cl-arl;es axe fair and xe~asonablo. The coin;nittee wi17_ rccotr,tnc.~ICI incr. rases or reductions in tl~te Gra11tCC ~ S rates anti Cbar~,es a,ter Fxalni.n~~ti.on of fife first- clui..llt.C'llrli ~'il_ ~inanci.Fll statetne:nt anct t~nnually th~sreafte-r. :;c•c( ic~i~ 1;~, )'-.c~~r,~c~„t irtl c,-• )).i,:;c•_r:ir~~iti.~lc~t y 1'-;;-ct_i.c.r_;- 1't c~hlh.i_tc•cl; '1'1-c (~1'tu,t.,c.: tal~ria 1 I-ai:, ~s tc, 1-:it.i+;;, c:l,,c-.•~;c~s, servi.c:c ftlci.1 i.ties, rules, reg>,ticltiolls, or in ~Iny ot.lter respect, rnral;c o,- ~;rftnt any pt-c~fcti-E~nce or. Flclv~~-tt~~~;c~ t:o Filly x~>::,u-t Itc, t~ ::; tth' c c i. Ful ?c• r ;u,- tc~ Ftn ~ >>~c~, Itd c•~ ~ c~ t.' d i ,; -- ac}valltFl~;c~, l~rovidc~cl, that: ltC)t:)litt~; itl this frF~ctcl-.i_~;c~ shaJ.J. ho deGtllf~Cl t:a 1>>~u11.bi_t tk-e c~st~ll~Ji;;hntcnt of ~~ }?,rFtclu~itc~cl ~;ciiJci oT. cllar~es anti cl~zssifiecl rate schr~clule to wllj.cll Fllt~ cust~orrcc:r COpt~.ll~ within SL1Gh olassi:CiCatioTl WOUIC} be ~11t,:1.t1Gcl, Sec.tiort 1~+, Company I..i~tb3.7 its-Ttlclemni fi.c_~zt_ior>; It is expressly utlclet:stood anti at;reecl Uy r,ncl Uet~•;c~cn the' Gt_atlt_c~e anti the Czt.y that the GxRntee shall savo the City hFlrlTll.c~:is from a17. loss sustained by L'hc City by reason of any suit, judgment-, execution, cJ_ai,m, or C1CIQ~ilc1 resLllting from the construGti.Qn, operatioll or maintenFlllce by fife GrAntoe of j_ts telcvisioll eyst:em itl the City. 1'he Gralltoc shal.J., conct.u°I:cnt.l.y v~itll . the f1J_i.ll€', of an acceptance of at~rarcl of fife {1'F111Cl1i;;@ gr~~nt:ed under this ordinance, file tJi.tll thQ City CJ.erl: anti at aJ..l tin1es tllerea.~ter Il1aiI1L'A1.11 in ftt11 force and c1'fc~ct for the term oi= such franchise or rene~~~al thereof, at Grantee's so]_e expense, {r .. ~ . /~G}.}EP~"iEP~21- >;afIIt3T r $ This agreement made this ~'.,% day of __ ~~~~, :.~~("___ , . t/ _ _ ~_9~~__., by and bei.wec~r. the cities- of Boise, Garden ii.Ly, Meridian, Nampa, Caldwell, Parma, New Plymouth, ~4'eiaer, Payette, Fruitland and Emmett, Idaho, Vale, Ontario and Nyssa.; Oregon, alI municipal corporations, hereinafter. referred to a,s '!Cities", and, ~G°nCol~_~_7nr.., ~~___~_, whose principal place of business is ~~[`ulsr.r~ nklahorna_____, hereinafter referred to as the "Grantee"; WI'l~t~IESSETfI ; 1"Jf]LF2L,/1S, the Cit~.es desire to provide cornniun~.ty ~~ntenna television service for its residents and, residents of its surroundi~rig areas, and, .. . WHE}ZE~1S, ttlere would be an econor:^,ic gain to the sub- - _ __ - - scribers and the Ci.ti_es by the fourteen coun;,ls of- thy: Ci.ios -- '._ _______acting in concert, to authorize, Yegu].ate, _and Yevieti•a the afore- said service, and, ~J}tt;F2)_:/1S, t}1CYe are many persons 1':10 f0Y eCOnOm1Ca1 anCt other YeaSOI1S VJill'neVeY Have an opporturii.ty to become subscribers, but are enjoying the present free TU service, and, ~dtiEREF~S, these persons must be assured of a cor-tinuance i.n duality and service of the existing free TU and radio service, and, WttEREAS, the Cities recognize an obligation to protect this service for the Yesidents of their trade areas, and, WI]E}ZI~AS., tl~ie Association is hereby designated as the coordinating agency until such time as it requests or is dis- missed fY01ll further responsibility, N06"J THEREFORE, the above Warned Cities, do.hereby form the "Treasure Valley CATU Committee" hexeinafter referred to as "Committee", which Comittee shall consist of two.(2) elected officials from each member city and shall have authority on behalf of their respective councils to act on. all .matters xelati.ny to Community Antenna Televis~_on for Treasure Valley, such as, but not limited to the fol].or"piny, unless otherwise prohibited by law: - (a) T'o pxepare a uniform ordinance estab].i.shi.ng the terms and condi.ti.ons under which the member cities will each grant a CA'1'V franchise, -- -~ axc a uni,fo;._m agYeemerit to be used by - -b } -- T_~ _--p-rep - --,- member cities and the company, on cor,summatiny the franchise ------ -award. (c) To estab].i.sh criteria-and performance standards • upon which the franchise tivil.l be avarded and selected, by whatever method the committee determines, a company to provide cable television for the cities of Treasure Valley. f d) To establish a time schedule for i-nsta].lation. of cable television within the fourteen city CATU system., (e) To retain, such professional consultants as the Committee agrees necessary to assist in curryi.r-g out. its xesponsibi-Titles, to the end that the best passible ser-vice i ' - ' (g) In the event two (2) or more cities ar.e serviced from one station,,-with or without service in the unincorporated area, the committee shall recommend the division of franchise tax between the cities served from the central station. (h) Gn or before ~1pri1 1.5 of each calendar year during the term of this franchise the Grantee shall file with the Committee a financial statement of its oper.at.ions under this agreement during the preceding year. Such a'statement shall be prepared in conformance with generally accepted accounting pzactices by a licensed certified public accountant of the State of ~!'~,.~<,`, and shall be sufficient in detail to permit a determination by` the Cominittee that the rates and charges are fair and reasonable. 1'he Comrna.t{;ee shall have the responsibi_li.ty of recommending increases_or reductions in the GranLeers rates and charges __, __follo~a~ng ~_ex~mina_tion of the first quintennial financial state- ment and annually thereafter. (i) To retain an auditor clho shall revie4~~~ the financial statement and accounts of the Grantee and certify as to the correctness of the basis on v~hich the franchise fee wil-)- be paid to each city. (j) 1'o revieva.the company programs, service, and performance, and to act as intermediary bets-veers the member cities-and the Grantee, and further, the Cominittee shall. recommend the necessary measures to prevent infringement by the Grantee on the present free TV service. (k) To determine the amount of funds necessar-y to suppor of the CI~`1'V CoI~1~i:i'cf:ce, th~ct may be added to i:llc system ~•,}IC~n the Gr_antec decrns it er.onolni cal_ly feasi:blc: to .extend ?_ts sea:vice. zn tl1e, event of sa.le~, tr_allsfer_, J_ease, assignritent or disposal, in t•lholc or in part, eitllea: by foa:c4d or involun'cary sale, merger, consolidation ox otherwise by the Grantee the Committee shall xeconl~nend to the men~l~er cities the terms, and conditions of purchase by the Cita_cs or other moans of_ disposi Lion. (m) '.Co perfor.;n such other functions as~ the Committee shall ueterrna_ne to be necessary or in the best ~.ntexests of_ the Cities and St?bscr_i.bers. It is understood and agreed that wltil such tirn~~ as the Grantee is named and a fxallcllise awarded, the ~SJOCiat:S_on shall serve as seca:etaa-:i_at, and perform St1Ci1 sea:vices as t_he Corranittec shall requ~ st, foJ_1_o~aillg ~•~I-Iich the Co:lunittee tiai_11_ ~prov%c?o and fund its o;:n seca:etaria]. and prof-es~ sa~onal a~:sistance . ~- .•_---- -- .,-_-_~n_) -N__ot}aa_i1g_a.n thi.~_hc~a:eement shall be consta:ued as a delegation to the Co;iunittee of the c3_ties' au'chorii:y, po~:cr and _ ___ _ - -duty to act in al)_ mati~er_s-relating to the franrha.se. Al)_ fa_nal decisions in respect: t.o t11e operation of the franchise shall xelnaa.n ^: wit11 each City. The Colr-mittee •shall act as a xecoS~lnielltory body only and as such a body can advise the Cities, but it cannot bind the Cities to any sp^c:ific course of action. By bezncl signatory hereto the Ga-antee a'~COg211'l.es the responsibility of the Co~nmi ttee a.n negot5_ati.nc3, implemerlting and sul.,exvisi_ng a CATV systcrn iI1 Treasure Va)_]_cy. This actxeemellt shall be bllldillg on the parties hereto, theJ-r resnectivo successors and assa.c?ns. ^ ay~~ity o ti• ei~:e?^ ttes '" ity C ,c . ~~3 l9a~'cii-_r~.a:C~:ty. o~;...,Ga~c[~~rir..C~.~~.,-..>._.-_.._.. `/- r A~r;M9 Ma~!o ~-`..~Cty,lof_ N~:,mpa `~..`~~ .~' -- / - f~ , ~ V- Vic.-._.- Tsayor,^ City ~ o~ Cal~{~•Tel~ Mayo%; - Cite ..off ~Pu,iia ~~~~~'~~ aye ~/,_~~~~y..~o.~<._Puy~ t ~ c ..,,~.,....._..~.~,~._~.a ~. ' / /~%/ ~~~ i ~~~~~~~~~?~1~~~~ U1:~ c~_t:y Ox riG~'T 1 ~yiliJLl ;~~ - ~r Atte. t. C.~_Ly C_~e~` Att.cstz City C).ci:}c ~/[/^' c: Ci.t.y C.I-er}: =~~c' /=~ • •~ ti~ ~ ~ --day c»' , `C~~: .y o ~ 1' J: ~iti't J: an d A t f e s y - //,f/,/J - - ---- --1~Iayo>: ..C~ ty ~o~ Lra~n~ Lt.z=r,...-~«~.-.,__.- rt~: st. C~_ty C erk `y"v"'~_`~ - =-_ - _ 7 blayor~~City 01: U11LaJ:).o At~eSt:; City f~.&-~:fi~~%:.G~~;c~~r~ 7. '~ / • , -„'~~~. . ~~~ ~- - _- - ~-_ - `,~`~~ - - ~ ~^4 ,C~~e-~/ / I ~~'-..,..gyn...--~... - M y~or, Ci.~~ o~_ Va i e' ~~ - At:~tes f.. City C 1_e,z:}~ ,6 ~/ ~ ~ 1•tayor, City of nyss~i Attest:: City ~~C:l.ex~r. I3y the execution of- these: presents, the Gra.~1'cee dogs hereby recognize the: aUave designated ComF~~littee as the of ticial agent o~ t}1e alx~~c n~~med cities ~ and dogs in coJ1~~~.derati_on of_ being f' ' .. i • ~- D~c~~ifu.• i /~ Got?n ty o ~-~~-r~~~ ) S ~ ~ • ,~j M1 . nll tllas _ ,...,°'~ .day Of: ~~?G.ni lie {_}.le t?ilCle '~:LC~lled•r Ci •1\U "ary }.'L?}~~.tC .11 ~a11C{ 1:0}= sil]_CZ ~;''" pe~_sonal?-y a~?-~^•~recl ,~G2 ./~/:_~~ Igor ~~.~ ~ _ all Ci ~ ,~ ,- - ~- ~,ncT~S^ec_et:~lry r_c:si~e~c-(.,_t~c_~-Y oi_• C,cll•Gv);, 1nc~, Sul ~ '.. cor_oo~_at~ on r }~:no;,~n i:o ray to be the pcr_so;-IS rrllose n~,.m;~s arc: suUscribed t:o t:he t•7:i_t.I1J_]1 inS't:.)_hrtlGll ~ and ackno;•rled~~:d to 1??~ that they execui:ed the sarne for alld oll bchal_t' o~ GenCoT:, Tnr.. • SN C;'~:'1'~~1~~S--W~~r~;C7r~..;_ I lTave beret?llto set my }lal~cl and af_~5_xoc~ - n?y of_i~ici.,:l.l seal_ the d~-?y and yeal: ~n thS_s cext.tif:i_cate S~.l~si. above t~rr i t ten . • • - .. - ~ ~: `6~ :ri,. ~`,,~1s'TiISS;~.C? L~j!~'i~35 l:~:il~ i~ "' tVCJ~cZr~=)'U}~~ 3 C: f UX' ,w:•`~~~~1~,~/~~fui.N,:, 19~;, ~f l . - SLAM, BURKE,.~EPPESEN, EVANS AND BOYD ATTORNEYS AND COUNSELORS AT LAW LAUREL E. ELAM CARL A. BURKE (1898-1961) SUITE 1010 BANK OF~IDAHO BUILDING CARL P. BURKE POST OFFICE BOX 1559 KARL JEPPESEN ELAINE F. EVANS BOISE, IDAHO 83701 PETER J. BOYD BYRON J. JOHNSON ROBERT J, KOONTZ J. DENNIS FAUCH ER M, ALLYN DINGEL,JR, np OCtOber ZS 1969 JOHN S. SIMKO ~ JOHN C. WARD i Gentlemen: Enclosed you will find a xeroxed copy of the last page of the agreement between Gencoe and all of the cities .involved in the cable television ordinances. Please substitute this page for the page presently on Exhibit B in your file because this page includes. signatures from all of the cities and the one in your file does not. Thank you. TELEPHONE AREA CODE 208 NUMBER 343-5454 Very truly yours, ELAM, BURKE ~ JEPPESE~.:~~EVANS & BOYD , r ., ~Ro'bert ~Koon`tz i RJK:bh /,~,.~. ~ ~.•~ 1 ;~ i / ~ ~i r a~ City of Weiser Att st s Cit;r, C:Lerk l7 x. ~ C~_i.y oa. ~G~i~_u.'c~ri"~-C..t~_ ~ ..,.a ALtt~ ~:.. C~t:yy C 1_e:c}>~,._r _. _.,.,,t...... _,_~.... J ~ ~, ~iayo%~.. Ct'cy of ~-Y~r_i_d~~~zn ~~:-..~.-- /"- " AttesT Ci~y ~ _i.e.r}c Acrr h.~ Mayor_ ,^ Cify of CaJ d~~eJ.l ~~ ~~~~ .... -.__ _~~ ,,~~=,:tom-. = -•.~,~-~.~~~ ~-~..~,._., a~.~. r7ayorj~ -C.aty o'~Ya~:n~a ~ ~ .. ~~J ~ ~, ~.~~ ~ - or, C~.ty o:~' t~c~•r Plyrnou • ~ ~~.~~ irk, n, • ~~-~~~ c, ._ _-, _ -- - - - - __ _~aY~~=, '-C~.~~~ of 1'S~utt_1:anci /~~ -.------,.2~3ayoy=,MC~Ly o~~ Lnu<«t;t~ - -est: C1Ly Ca-e ~k ..w.~'l.. ~.{~. ~-.,CRS-~~~~t- f ~~.. - _.~n~,.~-...~.~...~-~,..~..~~, Iit~.est: C~ ty CJ-e3:k~ ~, Attes=cs ' C.7_t.y C:l.cr}: P,~-t:es t ~~T_~Cl_ f~x'. C^~r~ )-7._ -x ~...,,..r~~z,.,s,...~.._...~.< ?: ~~ ,f ~ . ~,~ ~~, ~ ~ /_' ~ J _ ~~ hiayaa--;~ Cfiy'o~'-Oni:ai=i:o AL-t.est: Czt:y ~G-~~~-4~ :-c~~~~~i;r ,( 1.3ayor, C.j~ ~ o~= ~ V«l~e' 11t~es t : C:~. t:y C ]_c z}' 0 Mayor f C~.ty oi. i~ys~~i~ . ~, ~ ~ , Attest: C7_ty CLc~~} , ~ ~.~ -~, ~3~- the e}:ecution o~ these presents, the Grantee dogs hereby .. ----~._~.. _. _ __ _- -.. • • 1 xeco jr~~•rc .}rc: ~~bov4 desxg;jzrfeu-Can;illttLo us i~l-~o of.~ e_7 al a~ rat ~i' i-hn ~,hn~c-> »~,r1ec1 cit cs , and c1o~s ~.n eor~~.~der~~ti.on of being ~A~1J]V~T~C, C~I~A1~Y, I1VC. ~J lJ d~~L V ~~ TELEPHONE LUther 7-2444 81G ENTERPRISE BUILIIII~TG TULSA, OKLAHOPrIA 74103 May 1, 1969 DON J. GRANT BOB RICHARDSON AIR MAIL Mr. Robert J. Koontz Elam, Burke, Jeppesen and Evans, Attorneys Suite 1010 Bank of Idaho Building P._ O. Box 1863 ..~ __~. .~. _ _ _._......._ ,___ , _.._ . _ Boise, Idaho 83701 Re: General Communications and Entertainment Company, Inc. Dear Bob: This letter will serve to confirm that as respects the CATV systems we will arrange for a Construction Performance Bond for General Communications and Entertainment Company at commencement of construction for the following cities: 1. Boise, Idaho 2. Garden City, Idaho 3. Meridian, Idaho 4. Nampa, Idaho 5. Caldwell, Idaho 6. Parma, Idaho 7. Payette, Idaho 8. New PI ymouth, .Idaho 9. Fruitland, Idaho 10. Emmett, Idaho 11. Weiser, Idaho 12. Ontario, Oregon 13. Vale, Oregon 14. Nyssa, Oregon . __ Ver , trul ours, y _ _.~-_ = GRANT & COMPANY, INC. By: _ Don J. Grant DJG/un t Affiliated with Engle, Bauter and Stacy LAUREL E, ELAM CARL A. BURKE (1898-1961) CARL P, BURKE KARL JEPPESEN BLAINE F. EVANS PETER J, BOYD BYRON J. JOHNSON ROBERT J. KOONTZ J. DEN NIS FAUCHER M. ALLYN DING EL~JR, JOHN 5. SIM KO JOHN C. WARD SLAM, BURKE, JEPPESEN, EVANS AND BOYD ATTORNEYS AND COUNSELORS AT LAW SUITE 1010 BANK OF IDAHO BUILDING POST OFFICE BOX 1559 BOISE, IDAHO 83701 May 5, 1969 Mr. Herald J. Cox Meridian City Clerk City Ha11 728 Meridian Street Meridian, Idaho 83fi42 Re ; CATV Dear Mr. Cox; Enclosed you will find a certificate of insurance written by the Home Insurance Indemnity Company, a verification of insurance written by Fairfax Underwriters Services, Inc., together with the franchise bond in the sum of $5,000.00 written by the St. Paul Fire and Marine Insurance Company, with the Idaho counter signature. The Grant and Company, Inc. Insurance Agency of Tulsa, Oklahoma, has forwarded a letter to me indicating that they will issue construction performance bonds when the construction commences. I enclose a copy of that letter. You will also -find enclns ed a eo,py_ _of Exhibit "B" which is the agreement between Gencoe anc~ a11° `the- cities . You will notice that Garden City and Nyssa have not as yet signed this agreement. This is because their councils have not had the third reading. When these signatures are secured, they will be forwarded to you. Very truly yours, ELAM, RJK:bh Enclosures -.__.. u R_ Req TELEPHONE AREA CODE 208 NUMBER 343-5454 BOND PRINCIPAL OFFICE: 385 WASHINGTON STREET SAINT PAUL, MINNESOTA ST. P A U L fl RE and MAR I N E %~i4~1~~~ ~~ SAIN7 PAUL, MINNESOTA KNOW ALL MEN BY THESE PRESENTS: NO. 4000H3040 STOCK COMPANY, ORGANIZED UNDER THE LAWS OF THE STATE OF MINNESOTA. That we General Communications and Entertainment Company, lnc. ~ as Principal and St. Paul Fire and Marine Insurance Company, a corporation .organized under the laws of the State of Minnesota, and authorized to transact a general surety business in the State of Idaho , as Surety, are held and firmly bound unto the Cit of Meridian Idaho in the sum of Five Thousand and No/100ths- - - - - - - - - - - - - - - - -Dollars (5,000.00) lawful money of the United States for which payment, well and tru y to be made, bind ourselves, jointly and severally, firmly by these presents. This bond is executed to comply with the terms of. Ordinances, Rules and/or Regulations of the City of Meridian, Idaho granting a franchise to General Communications and Entert inment Com an Inc. to use the public streets and places wit in the City to transmit and distribute electrical impu ses through an open line-coaxial antenna system for television receivers located within said City of Meridian General Communications and Entertainment Com an lnc. ,hereinafter called "Grantee", by this bond guarantees to fait fully perform, well and truly observe and fulfill each term and condition of the franchise, and in case of any breach of condition of the franchise, the amount thereof shall be recoverable from the Principal and Surety by said City for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform any provision of said franchise. Now therefore, the condition of this obligation is such, that if the said Principal shall faithfully observe the provisions of the Laws, Ordinances and Resolutions, governing the issuance of this franchise, then this obligation shall be null and void, otherwise to remain in full force and effect. Liability under this bond shall terminate as of the 23rd day of April , 19 70 , as to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. This bond may be terminated or cancelled by Surety by thirty (30) days prior notice in writing from Surety to Principal and to said City of Meridian, Idaho ,such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation. Signed, seale~d-wand dated this 23rd day of April 19 69 Class ~ (A GeDihl Stock CemDenv) CERTIFIED COPY OF POWER OF ATTORNEY Original on File at Home Office of Company. See Certification. ST. P R U L FIDELITY AND SURETY FIRE and M A R I N E DEPARTMENT ~~Zel~'G2G~ ~~ HOME OFFICE: ST. PAUL, MINNESOTA KNOW ALL MEN BY Tl iESE PRESENTS: That the St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, and having its principal office in the City of Saint Paul, Minnesota, does hereby constitute and appoint Wesley E. Bauter, Stroud P. Stacy, Don J. Grant, individually, Tulsa, Oklahoma its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said St. Paul Fire and Marine Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article III, -Section 5(C), of the By-Laws adopted by the Bcard of Directors of the ST. PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 3rd day of August, 1966, of which the following is a true transcript of said Section 5(C). "The President or any Vice President, Assistant Vice President, Resident Vice President, Secretary or Resident Secretary, shall have power and authority (1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint Special Attorneys-in-fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and;or any of the By-Laws of the Company, and (3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 6th day of 11ay, 1959, of which the following is a true excerpt: "Nou therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorne}• or certificate bearing such facsimile signatures or facsimile seal shali be valid and binding upon the Company and an}• such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN TESTIMONY' WHEREOF, the St. Paul Fire and Marine lnsurance Company has caused this ,o\sps~tttttui~~i~~/~/'','',, instrument to be signed and its corporate seal to be affixed by its authorized officer, this old ~~ F1[lE iii V __ 7.p% day of January A. D. 19 R'= ST. PAUL FIRE AND MARINE INSURANCE COMPANY _ n LS Gp'~ STATE OF MINNESOTA )ss. ~iiq~~tR1g1T.1\\G~~xa`` County of Ramsey ) Yite Prui~lent. On this 2nd day of January 19 ~, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sword, said that he is the therein described and authorized officer of the St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. P~!AC s IN TESTI.~lONY Vt'HEREOF, I have hereunto sec my hand and ~, C~? i~~~J ~~ affixed my Official Seal, at the City of Saint Paul, Minnesota, the day ~l ~`"f~ arrd-year firstabove written. CERTIFICATE OF INSURANCE THE HOME INDEMNITY COMPANY To: City of Meridian, Idaho Meridian, Idaho Date: Apri 11, 1969 ENSURE i= ~ -HOME ; ~fW.YO~~ , This is to certify that insurance policies, subject to their terms, conditions and exclusions, are in force at the date hereof, as follows: ^- _-- NAME- O F INSURED : ~1~1.-.Communications and Entertainment Company, Inc.., and City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees, but only as respects contract with General Communications and Entertainment Company, Inc. POLICY KIND OF INSURANCE POLICY NUMBER PERIOD LIMITS OF LIABILITY Workmen's Compensation PWC 9597391 Eff. 4-1-69 Statutory -Provided by Exp.4-1-70 Workmen's Compensation Law -State of: Idaho Employers' Liability PWC 9597391 Eff. 4-1-69 $100,000.00 Each Accide Exp. 4-1-70 Comprehensive General Liability;-including; GA 9552670 Eff. 4-1-69 $500,000.00 Per Occurrer Manufacturers' 8~ Contractors' Exp.4-1-70 Combined Single Limit. Elevators Bodily Injury and Property Owners' or Contractors' Damage Liability Protective Products and Completed Ope rnt i ons Blanket Contractual Liabi I ity Comprehensive Automobile Liability: GA 9552670 Eff. 4-1-69 $500,000.00 Per Occurrel Owned Automobiles Exp.4-1-70 Combined Single Limit Hired Automobiles Bodily Injury and Property Non-Owned Automobiles Damage Liability In the event of cancellation, 10 days prior written notice will be given to the party to-whom this certificate is addressed. ~HUrnoriz a Repre rariv 4-30-69 ~ Dated T 8 C PA Y, INC. 816 Enterprise Building Tulsa, Oklahoma 74103 T..I....L....... A /P' O1 Q 1 1 1 7-7ddd ~t ice ice • r FAIRFAX UNDERWRITERS SERVICES, Inc. 127 West 10th Street Kansas City, Missouri 64105 VERIFICATION OF INSURANCE IssuED TO-----------------------------------------------CITY- O F MER I D IAN~...I DAFiO---------._.....------------.._..---------------...---......----....------~ ADDRESS------------------------------------•---.._..--------------lY.leritlinnt--ldahQ---------- We, the undersigned Insurance Brokers, hereby certify that the following described insurance is in force at this date, of which TBA eer cent is insured with UNDERWRITERS AT LLOYD'S, LONDON: TRA per cent is insured with VARIOUS INSURANCE COMPANIES IN LONDON Name of Assured: General Communications and Entertainment Company, Inc. Address of Assured: P. O. Box 3423, Tulsa, Oklahoma Location of Risk: Meridian, Idaho Kind of Insurance: Excess Umbrella Liability Policy or Certificate No. L 11476M Period: 10-1-67 to 10-1-70 DESCRIPTION OF COVERAGE LIMITS Excess Umbrella Liability Insurance to pay excess $1,000,000.00 Combined over Primary Limits of $500,000.00 Per Occurrence Bodily Injury and Property Damage Combined Single Limit Bodily Injury and Property Per Occurrence. Damage L iab i I i ty. $1, 000, 000.00 Annual Aggregate _ - where applicable. *The City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees are named as additional insureds, but only as respects contract with General Communications and Entertainment Company, Inc. This document is furnished to you as a matter of information only. The issuance of this document does not make the person or organizatian•~a•~it-ii=.:g~_jtional assured, nor does it modify in any manner the contract of in- 'TF~E 'ST PAUL - - '. '"S"R""°E `°MPA"'ES CONTINUATION OR RENEWAL= CERTIFICATE uk ~ , a~ Seninp you around the wor/d... eiound fhe c/eck ST. PAUL FIRE AND MARINE INSURANCE COMPANY FIDELITY AND SURETY SAINT PAUL, MINNESOTA STOCK COMPANY, ORGANIZED UNDER THE DEPARTMENT ~ LAWS OF THE STATE OF MINNESOTA. (HEREINAFi'ER CALLED COMPANY) Franchise Band In Consideration of an Agreed Premium, Hereby continues in force Bond No. ~+ooCx3cuw on behalf of General Coa~munieations aAd Lntertainment COm~sily~ Inc. and in favor of City of Meridians Tdaho for the extended term of pne year(sJ~, beginning on the 23rd day of April 19 70; subject to all its terms, conditions and limitations, as set forth and expressed in said bond heretofore issued on the 23rd day of April 19 69 . This continuation or renewal certificate is executed upon the express condition that the Company's liability under saki--bond . and. -t>I~.i~--a-~ all continuation or renev~ai--~rtifi ~ ~'~--------~~ e}}~}~ ° --1 ~--- cumulative and shall not in any event exceed the amount as set forth in said bond or in any additions, riders, or endorsements properly issued by the Company as supplements thereto. SIGNED, SEALED, and DATED this 9th day of February 19 70 COUNTERSIGI~D BY: /R ide i. FORM It 11016 CRC REV, 3-67 ST. PAUL FIRE AND MARINE INSURANCE COMPANY ~ -: . ~_. D. R. Tomlinson Attorney-in-Fact SLAM, BURKE,..IEPPESEN, EVANS AND BOYD ATTORNEYS AND COUNSELORS AT LAW LAUREL E. ELAM SUITE 1010 BANK OF IDAHO BUILDING CARL A. BURKE (1898-1961) CARL P. BURKE POST OFFICE BOX f559 KARL JEPPESEN IDAHO B37OI BOISE ELAINE F. EVANS , PETER J, BOYD BYRON J. JOHNSON ROBERT J. KOONTZ J. DENNIS FAUCH ER M. ALLYN DINGEL,JR. JOHN 5, SIMKO JACK 5. GJORDING March 23, 1970 J , '~P ^ ,~ ~ 1 11 ~, ~ ~~ ~ 1 ~' . U` .'/ TELEPHONE AREA CODE 208 NUMBER 343-5454 CERTIFIED - RETURN RECEIPT RE~,UESTED Mr. Herald J. Cox Meridian City Clerk City Hall 728 Meridian Street _ _ _ Meridian, Idah©_.~--$~6.L.k2 _ _._ - -~- Re: Gencoe Dear Mr. Cox: Enclosed is the renewal certificate on the franchise bond for filing. Yours truly, _°1 ELAM, ,BURKE, 'JE1'PE'~~N, E~FANS & BOYD r.., xr ,; RQb rt J, ~~n .. ~~ »~~ RJK : kb '~ Enclosure ~ , CERTIFICATE OF INSURANCE ISSUED BY - THE HOME INSURANCE COMPANY ~ THE HOME INDEMNITY COMPANY To: City of Meridian, Idaho Meridian, Idaho Date: Apri 11, 1970 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are in force at the date hereof, as follows: NAME OF INSURED: General Communications and Entertainment Company, Inc., and City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees, but only as respects contract with General Communications and Entertainment Company, Inc. This certificate of insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by any policy described herein. POLICY KIND OF INSURANCE POLICY NUMBER PERIOD LIMITS OF LIABILITY Workmen's Compensation PWC 9799081 Eff. 4-1-70 Statutory -Provided by Exp. 4-1-71 Workmen's Compensation Law -State of: Idaho Employers' Liability PWC 9799081 Eff. 4-1-70 $100,000.00 Each Accident Exp.4-1-71 Comprehensive General Liability, including: GA 9868314 Eff. 4-1-70 $500,000.00 Per Occurrence Manufacturers' 8 Contractors' Exp.4-1-71 Combined Single Limit Elevators Bodily Injury and Property Owners' or Contractors' Damage Liabi I ity Protective Products and Completed Operations Blanket Contractual Liability Comprehensive Automobile Liability: GA 9868314 Eff. 4-1-70 $500,000.00 Per Occurrence Owned Automobiles Exp.4-1-71 Combined Single Limit Hired Automobiles Bodily Injury and Property Non-Owned Automobiles Damage Liabi I ity (Authorized Representative) In the event of cancellation, thirty (30) days ` (Dated written notice will be given to the party to whom this certificate is addressed. GRANT & CO PANY, INC. 816 Enterprise Building Tulsa, Oklahoma 74103 Telephone A/C 918, 587-2444 THE ST. PAUL '"~~~°"`E `°""PA""5 CONTINUATION OR RENEWAL CERTIFICATE ~~ ~ ST. PAUL FIRE AND MARINE INSURANCE COMPANY s•rv~oo roo •.o~m rno wore... •~mwd rn• uocx FIDELITY AND SURETY SAINT PAUL, MINNESOTA STOCK COMPANY, ORGANIZED UNDER THE DEPARTMENT LAWS OF THE STATE OF MINNESOTA. (HEREINAFTER CALLED COMPANY) In Consideration of an Agreed Premium, Hereby continues in force Bond No.l+00CH 301+0 on behalf of General Communications and }~tertainment Company, Inc. and in favor of City of Meridian, Idaho for the extended term of one yearO, beginning on the 23rdday of April 19 71 ;subject to all its terms, conditions and limitations, as set forth and expressed in said bond heretofore issued on the 23rd day of April 1969. This continuation or renewal certificate is executed upon the express condition that the Company's liability under said bond and this and all .continuation or renewal certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the amount as set forth in said bond or in any additions, riders, or endorsements properly issued by the Company as supplements thereto. SIGNED, SEALED, and DATED this 23rd Countersigned bey^r Re' den`s "Agerft ~ ~ " FORM /t 11018 CRC REV, 3-67 day of April --; 1~ 71. ST. PAUL FIRE ANB MARINE ASSURANCE COMPANY -~'~ n Patsy I~" eg~eri'l~orgv~ AL~torney-in-Fact LAUREL E. ELAM CARL A. BURKE (1898-1961) CARL P. BURKE KARL JEPPESEN BLAINE F. EVANS PETER J. BOYD BYRON J. JOHNSON ROBERT J. KOONTZ J. DENNIS FAUCH ER M. ALLYN DINGEL, JR. JOHN S. SIMKO JACK S. GJORDING K. ROBERT FOSTER W, RICHARD SANDERS SLAM, BURKE,.~EPPESEN, EVANS AND E30YD ATTORNEYS AND COUNSELORS AT LAW SUITE 1010 BANK OF IDAHO BUILDING POST OFFICE BOX 1559 BOISE, IDAHO 8301 March 29 , 19 71 Mr. Herald J. Cox Meridian City Clerk City Hall -- 72$ Meridian-Street - - Meridian, Idaho 83642 Re: Gencoe (cable television) Enclosed is the renewal certificate on the franchise bond for filing. K: bh Enclosure Cert. R.R. Req. Ve~~ truly ...Y~~~ ~f ;' ''F `~ ~ ~. C~ ~' :&" t~~. % ~ ontz ~) ~~ 1 TELEPHONE AREA CODE Z08 NUMBER 343-5454 ® I CERTIFICATE OF INSURANCE ° ISSUED BV ®THE HOME INSURANCE COMPANY [THE HOME INDEMNITY COMPANY T o : City of Meridian, Idaho Meridian, Idaho Date: Apri 11, 1970 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are in force at the date hereof, as follows: NAME OF INSURED: General Communications and Entertainment Company, Inc., and City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees, but only as respects contract with General Communications and Entertainment Company, Inc. This certificate of insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by anv pol icy described herein. POLICY KIND OF INSURANCE POLICY NUMBER PERIOD LIMITS OF LIABILITY Workmen's Compensation PWC 4121026 Eff. 4-1-71 Statutory -Provided by Exp.4-1-72 Workmen's Compensation Law -State of: Idaho Employers' Liabi I ity PWC 4121026 Eff . 4-1-71 $100, 000.00 Each Accident Exp.4-1-72 Comprehensive General Liability, including: GA 4001970 Eff. 4-1-71 $500,000.00 Per Occurrence Manufacturers' & Contractors' Exp.4-1-72 Combined Single Limit Elevators Bodily Injury and Property Owners' or Contractors' Damage Liability. Protective Products and Completed Operations Blanket Contractual Liability Comprehensive Automobile Liability: GA 4001970 Eff. 4-1-71 $500,000.00 Per Occurrence Owned Automobiles Exp.4-1-72 Combined Single Limit Hired Automobiles Bodily Injury and Property Non-Owned Automobiles Damage Liabi I ity 3-30-71 In the event of cancellation, thirty (30) days (paced) written notice will be given to the party to whom this certificate is addressed. (Authorized Representative) ~n-~... ~~ GRANT 8 OMPANY, INC. LVO Enterprise Building Tulsa, Oklahoma 74103 Telephone A/C 918, 587-2444 CERTIFICATE OF INSURANCE Certificate issued to CITY OF MERIDIANi IDAHO Address Meridian, Idaho This is to certify that the following policies, subject to their terms, conditions and exclusions, have been issued by this Company: Name of Insured General Communications and Entertainment Company, Inc. Address P. O. Box 3423, Tulsa, Oklahoma Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability Manufacturers' or $ Each Person Contractors' Bodil In'u $ Each Accident Manufacturers' or $ Each Accident Contractors' Pro ert Dama e $ A re ate Owners' or Contractors'- -- _ -$ -- -_- __- Each Person _---- Protective Bodil In'u $ Each Accident Owners' or Contractors' $ Each Accident Protective Pro ert Dama e $ A re ate $ Each Person Comprehensive General $ Each Accident Bodily Injury $ Aggregate Products $ Each Accident $ Aggregate Operations Comprehensive General $ A re ate Protective Property Damage $ A re ate Products $ Aggregate Contractural $ Each Person Automobile Bodily Injury $ Each Accident ANT ~ CQ1~pA $ Each Accident Automobile Property Damage ~ INC. $ Workmen's Compensation And Employer's Liability 1-EI,E LVC) E TULS RUNE 587-T444 -1'ERYRISE BUILDI UKLAHUMA 74103 GStatutory $ Each Accident EXCESS UMBRELLA LIABILITY 4104b81 11-1-7 4-1-73 5,000,000. Combined Bo i y nlurY and Propertyy Damage Liabi Per Occurrence, to pay excess o Primary Limits of $500,000. Com ity ar fined Description and location of operations and automobiles covd~f>~8!"Y "'1"'7 """ ""f "'7 """""y" Liability Per Occurrence. *The City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees are named as additional insureds, but only as respects contract with General Communications and Entertainment Company, Inc. 30 In the event of any material change in or cancellation of this policy the company will give~~(days written notice to the party to whom this certificate is issued of such change or cancellation. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA (NAME O F COMPANY) Date November 19, 1970 B y (A UT O`RIZ ED R EP R ESEN TAT I V E) S$O - tOM-6-d2-C /~ BEFORE TIIE Fade~al ~®rr~~~nic~~ian~ aa.is~ia~ WASIIINGTON, D. C. In the Matter of: } LVO CABLE, INC. } Boise, Garden City, Meridian,) File Nos: CAC-220-CAC-233 Nampa, Caldwell, Payette, } Code Nos: ID056-IDO-65 and Pdew Plymouth, Emmett, } OR-153-OR-160 Fruitland, Parma, Weiser., ) . Idaho and Nyssa, Ontario ) and Vale, Oregon } To: The Commission CONSOLIDATED REPLY TO OPPOSITIONS TO APPLICATIONS FOR CERTIFICATION LVO Cable, Inc. ("LVO"). respectfully submits ,its Reply to the Oppositions of Tdaho Television Corporation ("Idaho TV"), Boise Valley Broadcasters, Inc. ("h.BOI-TV") and KTVB, Inc. ("KTVB") filed in response to its Applications for Certification, File Nos. CAC-220-233, for certification of a cable television to serve 14 communities in t'ne Treasure Valley area of Idaho. I The Local Stations' Hostility Toward LVO Stems From Their Anti-Competitive Desires In The Boise Market 1. The Hostility of the local stations, especially KBOI-TV and hTVB, must be received in its historical perspective. In early 1969, LVO (then GenCoE) submitted its application for a CATV franchise in the ]3oise area to the -z- Treasure Valley CATV Committee, an official representative group formed by the 14 communities.LVO now proposes to serve, for its evaluation of proposals for the construction and operation of CATV in Treasure Valley. A joint venture consisting of Boise Valley Broadcasters, Inc. (KBOT-TVA and KTVB as well as several other corporations submitted a competing application. It is especially to be noted that KBOI-TV and KTVB, in their application, proposed to carry on their CATV system, the five Portland stations in addition P ~ to themselves and stated that they "could do the .job faster than anyone else"--obviously meaning-that they would not. protest their own proposals. After the Treasure Valley CATV Committee recommended GenCoE, KBOI-TV and KTVB, in a futile effort, approached the Boise City Council in an attempt to secure anon-exclusive franchise for themselves. Failing this, at the third reading on the franchise ordinance, on April 14, 1969, KBOI-TV and KTVB offered considerable testimony in opposition to GenCoE's proposal.. After lengthy hearings, however, the Boise City Council adopted an ordinance granting GenCoE a CATV franchise, and the other communities quickly followed suit. 2. On October 8, 1969, GenCoE, in fulfillment of its obligations and commitments to the .Boise area communities, filed its Section 74.1105 notification stating its intention to provide the communities of Treasure Valley with television service from KB O2-TV and KTVB as well as the five Portland - 3 -. stations and the educational station from Moscow, Idaho. KSOI-TV and KTVB opposed this proposal which was virtually identical to that which they had proposed to the Treasure Va11ey~CATV Committee. KBOI-TV freely conceded that because it had not won a CATV franchise it had filed its opposition 1/ to LVO's proposal. Thus, the stations which had previously attempted to stifle competition in "their" market by monopolizing the local CATV services as well as the local ,. television services, next attempted~to stifle competition by routinely opposing the development of CATV in "their" market. In no instance was there any indication of concern for the public interest which these stations are supposedly licensed 2/ to serve. 3. LVO endeavored on several occasions to adjust its proposed operations to meet-the desires of the public in Treasure Valley as well as accommodating the continued hostility and opposition it has faced from the local stations in the Boise area. LVO's objective has always been to get CATV started in the Boise area as it had promised in 1969. On December 6, 1971, LVO submitted its "Statement of Compliance and Request for Authorization" wherein it stated its intention to operate in the Boise area in complete consistency with the 1/Boise, Tdalio: "Petition far Relief" filed by Boise Valley Broadcasters on November 7, 1969, para. 4. 2/Then, as always, not one iota of evidence showing the harm to be done the station by C1\TV was submitted. - 4 - Commission's current proposed rules, i.e., the Letter of Intent, 31 FCC2d 11S C1971~, and the Compromise Plan.. KBOI-TV, KTVB and Idaho Television opposed this proposal. On April 24, 1972, LVO filed the referenced Applications for Certification for its proposed systems in the Boise area. KBOI-TV, KTVB and Idaho Television, true to form, have opposed these applications, further stalling CATV in "their" market. II KBOI-TV's and KTVB's Claims of Possible Economic Injury Do Not Make A Case For Special Relief 4. KBOI-TV, in its opposition, renews its request that the Commission roll back the 35-mile zone to the stations' Grade B contours. Its argument is identical to -- indeed a verbatem reiteration of -- its March 9, 1972 Petition fora Reconsideration of the Cable Television Report "and Order, FCC2d , FCC 72-108. There, as here, it claimed that .almost half of its audience is outside the 35-mile zone, that importation of "unlimited" distant signals "cannot-but fractionalize" its audience, that if LVO is allowed to operate, the station might be "forced" to disband its news staff, and that it already expends large sums on its translater network. In its M_e_morandum Opinion and Order on Reconsideration of the Cab 1e Television Report and Order, (hereinafter Reconsideration] FCC2d ,~ FCC 72-530, in response to such arguments, the Conunission stated, at x(46, than: - S The broadcasters restate the position .that they have maintained throughout these proceedings -- that a 35-mile zone is inadequate for smaller market stations located in the Rocky Mountain area. Generally, the broadcasters desire a zone conterminous with a station's Grade B contours. The effect of such a rule would be to limit distant signal importation to one independent signal throughout .the Grade B contour instead of within a zone of 35-miles. ~ ~ The argument is made that the Rocky 'Mountain stations depend on audience and revenues from areas beyond the 35Tmile zone, that in some cases nearly half the homes reached are beyond the zone, that. substantial portions of a station's local advertising revenues came from areas out- side the zone, and that stations must look to the entire Grade B contour for homes served oii which to base network and advertiser support, both national and local, because advertisers purchase total audielYCe. (Emphasis in original.} There can be no question that KBOI-TV's argument in its instant Opposition and Petition for Special Relief .has I/ already been considered by the Commission, and rejected. 1/KTVB claims that "common sense" dictates uniformity of treatment inside and outside a 35-mile zone because any disparity of treatment would "never be understood by the public." Such argument -- or non-argument -- is nothing but makeweight which any station could argue about any market and about many of the C71TV rules. It is not easy to e::plain, or understand, the non-duplication rules, but they are not set aside because they affront common sense and because t11cy .are IlOt uildcrstood by t11e public. 6 - 5. In 1(47 of its Reconsideration, supra, the Commission stated that: The question of size of zones ti°as examined at great length and perhaps in more depth than any other issue in this . rulPanaking proceeding . Tn determi.ning that a zone of 35 miles would he appropriate in the Roc}tiy Mountain area, we did our awn independent analysis of this area of the country. ~ * ~ In considering these matters, there are obviously no definitive answers. Necessarily, we are left to judgments -- with.estimates as to future effects. But based on the above considerations and the experience of years of cable development in these areas, we concluded that the 35-mile zone was appropriate. The petitions for reconsideration a~.d no new in ormation to t zut ca zc we ave - - previously considered. And in our deliberations based, in part, on information received from the Rocky . Mountain stations, we could not find - deleterious effect from cable operations on the ability of Rocky Mountain stations to obtain local or national advertising. The Commission is concerned that the Rocky Mountain stations not be harmed in their ability to serve the public by virtue of the adoption of the new rules. However, a case for changing the size of the zone has not been made. Emphasis added. The Commission was firm in its conclusion that it would make no sense at all to look at the Rocky Mountain situation a r~ iori, but rather "to keep abreast of developments as cable exp;.uzds." (Emphasis .added.) Tlic Conunission reiterated its statement from 1191 of its Cabl.c Tclevisa_on Report and Order, supra, that: _ 7 The essential consideration is not the extent of cable penetration or audience fragmentation per se but rather a demonstration of the effect of cable operation on station revenues and profits and on their ability to serve the public interest. Neither KBOI-TV nor KTVB have sustained their "substantial burden" of persuasion showing clearly how the proposed service "is not consistent with the orderly integration of cable television service into the national communications structure and that the results would be inimical to the public interests." Cable Television Report and Order, supra, at 9(112 . 6. i•?oreover, KBGI-TV's acid KT'v'B'S allegations of direct economic threat to their stations with the advent 1/ of CATV penetration raises the spectre of the Carroll issue. However, the Communications Act of 1934, as amended, was neither intended nor designed to protect licensees against competition. While such competition is not to be disregarded entirely, resulting economic injury, in 2/ and of itself, is not an element the Commission must weigh.' Competition becomes vital only when it spells diminution or destruction of overall service. 1/ Carroll Broadcasting Company v. FCC, 258 F.2d 440 (D.C. Cir. , 1958 , 17 RR 206ti. 2/ FCC v. Sanders Brothers Radio Station, 309 U.S. 470 (1940), 9 RR 2008. - 8 - 7. Initially, the Commission treated the economic impact issue with extreme liberality, designating for hearing any case where the protestant alleged the economic injury question and offered to prove that the public interest would 1/ be adversely affected. This policy soon proved to be markedly inefficient, and Congress, in its 1960 amendments to the Communications Act of 1934, as amended, tightened the requirements to provide that a substantially stronger showing of greater probative value was necessary. The allegation of ultimate, conclusionary facts. or mere general allegations are not sufficient. S. Rep. No. 690, 86th Cong., 1st Sess. , 3 (1959) . 8. In implementing this policy enunciated in the 1960 amendments, the Commission developed a certain rigidity 2/ and inflexibility, ultimately tempered by the Court. South- western Operating Co. v. FCC, 122 U.S.App.D.C. 137, 351 F.2d 834, 5 RR2d 2121 (1965); Folkways Broadcasting Co. v. FCC, 126 U.S.App.D.C. 123, 375 F.2d 299, 8 RR2d 2089 (1967). 1/ See e.~., Video Independent Theatres, Inc., 24 FCC 403, 17 RR 149 (1958). 2/ See RGMO l:adio-Television, Inc. v. FCC, 1.19 U.S.App.D.C. 1, 336 r.2d 920, 2 RR2d 2057 (1964); Missouri-Illinois Broad- casting Co., 3 RR2d 232 (1964). - 9 - However, the Court in Southwestern, supra, did not intend in any sense to overrule or forbid continued use of the Commission's pleading rules applying a substantial hurde~i on a protestant alleging economic viability and maintenance of operations. The Court explicitly recognized that since _ competition_in broadcasting occupies a most favored position, "the temptation to an existing licensee to postpone as-long as possible the advent of competition warrants special care by the Commission in the scrutiny of requests for hearing in Carroll circumstances." 122 U.S.App.U.C. at 138, n. 2, 351 F.2d at 835, n. 2. 9. In view thereof, the Comi::ission continues to insist upon specific factual data rather than generalized and conclusory allegations of public injury., The Com- mission dernarids statistics as to the number of businesses in the area, total volume of retail sales, other advertising med~.a~ the number of area businesses which do not presently advertise, cost of public service progranuning, and other. data tending to show a loss or degradation of program service to the public. New Era Broadcasting Co., Inc., 16 FCC2d 824, 15 RR2d 918 (1969); Cardinal ]broadcasting Co., Inc, ll FCC2d 847, 12 RR2d 599 (1968) . I:i3OI-`1~V and ICTVB have fallen con- 1/ siderably short of these minimum requirements.) KBOI-`i'V 1/ Translator:`1'V, Inc., 32 FCC2d 269, 23 RR2d 101 (1971.); Also cf. El~ Paso Cablevision, Inc., 27 I'CC2d 835, 20 RR2d 1249 (1971), for applicability and utility of the Carroll issue in CA`1'V vis-a-vis broadcasting. - 10 - alleges only generally its concern with economic viability and maintenance of certain programming. 7'he added speculation of probable economic, in news and public affairs programming, reduction in itself in the news department and reduced film coverage of important events only, is pure surmise without 1/ supporting data. KTVB presents even less; e.~., as a small market station, it depends for much of its audience and revenues in the area beyond the specified 35-mile zone. 2/ Much more is required of a protestant. Accordingly, their requests for special relief must be denied. zzz The Commission, On Reconsideration, Has Plooted All Substantive Oppositions 10. Not only has the Commission declined to expand the 35-mile zone, but it has also declined to extend syndicated program exclusivity to smaller markets. Significantly, in ~(39~of its'Reconsideration, supra, the Commission stated: We have not provided syndicated. program exclusivity for smaller market stations and, on reconsideration, are 1/ Translator TV, Incl, Footnote 5, supra. 2/ Ibid. - 11 - not persuaded to now do so. Distant signal i_mportati.on in these markets i.s severely llnlitoc~-- only one ~_stant ril dependent slgnal may be lmported. 2t may ~~~cll lac th~lt tlils llmlt~rtlon wil)_ rnt p~~l~' sl~~iiiT czii~ iicw ca plc construction - In smalle_r_ markets. But we have determined that snt~lllor marlce.ts can least withstand additional signal importation, and have - fashioned our rules accordingly. '.1'o add _ • Vindicated exclusivity protection would- m~Z}:u tlie,se mark~~l-.y evon lass deslra}Jle for ne~•~ cable construction. The p-r m~xry considerat~_on, However, is whether. syndicated grogram exclusivity is needed in smaller markets. We think it is not. (Emphasis added.) The Commission did say that it would consider unusual situations, but it i5 clear that no such situation. was presented here. And any request for such special relief would have to show a need great enough to overcome the detriment to cable in the smaller markets. That was not presented here. 11. Requests for same-day network•program excusv~.ty have been mooted by the Commission's Reconsideration su ra, and the amendment to Rule X76.93 (b) . KTV;:3's last gasp request that LVO's applications be deferred pending resolution of the CATV Multiple Ownership Rulemaking in Docket 1}3891 has been mooted lay the granting, since July 21, 1.972, close to 100 applications, some filed by companles as large, or larger, .than LVO. LVO has alread~r .f.iled its ~lmendment.s to its Applications for Certification, - 12 - CAC--220-233, demonstrating compliance witY~ the Commission's Rules as amended by its Reconsideration, supra, These amendments moot KTVB's objections regarding local government certification. WHliREFORE, in view of the foregoing, it is respectfully requested that the oppositions of Idaho Television Cor~>oration, Boise Valley Broadcasters, Inc. and KTVB, Inc. be dismissed as moot or denied and tha t the Applications for Certification of LVO Cable, Inc. CAC-220-233} be granted. Respectfully submitted LVO CABLE, INC. ~: /s/ Roger E. Zylstra Roger E. Zylstra By: /s/• Joseph R. Re~_fer Joseph R. Reifer Cole, Zylstra & Raywid 2011 Eye Street, N.W. Washington, D.C. 20006 August 28, 1972 . . AFFIDAVIT OF SERVICE T, Royer E. Zylst.ra, an attorney in the law firm of Cole, `Lylstra & Raywid, do hereby certify that copies of the foregoing "Consolidated Reply to Oppositions to Appli- cations for Certification" were mailed, postage prepaid, this 28th day of August, 1972, to the following: ------ ----t~Ilki~~son;- Cra-gun & Barker 1616 Ii Street, N.W. Washington, D. C. 20006 Counsel for KI3OI-TV Fisher, ti9ayland, Southmayd, & Cooper 1100 Connecticut Avenue, N.W. ~9ashington, D.C. 20036 Counsel for KTVB McKenna, Wilkinson & Kittner 1150 - 17tr. Str et, N.~~J. 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 & Publi c Broadcasting Service Box 1491 Portland, Oregon 97207 City Council ~f the City of Boise Bosie, Idaho City` Council- of the -City of New Plymouth New Plyrnouttl, Idaho Superintendent of Schools Garden City, Idaho Superintendent of Schools Emmett, Idaho City Council of the City of Errunett Eiisiiet,f., Icia'r1O City Council of Garden City Garden City, Idaho Superintendent of Schools Parma, Idaho Superintendent of Schools Boise, Idaho City Council of the City of Payette Payette, Idaho. Superintendent of Schools New Plymouth, Idaho City Council of the City of Parma Parma, Idaho Superintendent of Schools Vale, Oregon City Council of the City of Vale Vale, Oregon Superintendent of Schools Fruitland, Idaho City Council of the _ __C.i.ty_ ~f__ Frui.tland Fruitland, Idaho Superintendent of Schools Weiser, Idaho City Council of the City of ~~eiser Weiser, Idaho Superintendent of Schools Ontario, Oregon City Council of the City of Ontario Ontario, Oregon Superintendent of Schools Caldwell, Idaho City Council of the City of Caldwell Caldwell, Idaho The Hon. Don Storey Mayor of 1~ieridian Chairman of the 7.'reasure Valley CATV Committee City of Meridian Meridian, Idaho Su~erintendent_ of__Schools___ Meridian, Idaho City Council of the City of Meridian Meridian, Idaho Superintendent of Schools Nampa, Idaho City Council of the City of Nampa Nampa, Idaho Superintendent. of Schools Nyssa, Oregon City Council of the City of Nyssa Nyssa, Oregon /s/ Roger E. Z_~lstra Roger E. Zylstra COLE, ZYLSTRA & RAYW I D ATTORNEYS AT LAW 2011 EYE STREET, N. W. JOHN P. coLE.JR. - ~ WASHINGTON, D. C.20006 - ' ;ROGER E. Z'/LSTRA - - ~ AREA CODE 202 ALA9N RAYWIp CRA1G S. NCCOY 659-9750 ' BURT A. BRAVE RMAIJ (] [~ ROBERT L.JAM ES - August 29, 1772 CABLE ADDRESS JOSEPH R. QEIFER THOAAAS W. FtETCM CR ~ ~~CZARrr Mr. Ben F. Waple, Secretary Federal Communications Commission Washington, D.C. 20554 -- - - - Re: LVO Cable, Inc. Boise, Idaho and 13 Nearby Communities CAC-220 through 233 Dear Mr. Waple: " Counsel for LVO Cable, Inc. wishes to correct certain typographical errors appearing in„the "Consolidated Reply to Oppositions to Applications for Certification" filed on behalf of LVO Cable,-Inc, on August 28, 1972. On Page 10 of the Reply, the first full sentence should read: "The added speculation of probable economies in news and public affairs programming, reduction in staff in the news department and reduced film coverage of important events, is pure surmise without supporting data." ,..Copies of this letter are being. sent to all parties indicated on the Affidavit of Service attached to the aforementioned consolidated reply. Should there be any questions. with regard to this matter, please communicate with undersigned counsel. Very truly yours, Joseph R. Reifer ~- AMENDMENT Applications for Certification File Nos. CAC-220 through CAC,-233 i3oise, Idaho and Thirteen Surrounding Communities The purpose of this Am~~~iYterit is to submit fire Aff'avits of the Honorable Don Storey, Mayor of Meridiasz, Idaho, Chairman of the Treasure Valley CATV Committee and Robert L. Hamersley, attesting to and demonstrating that the annual franchise fee will not interfere with LVO's effectuation of federal regulatory goals in the field of cable television and that the fee is appropriate in light of the planned local regulatory program. . Respectfully submitted, LVO CABLE, INC. By: ose h R. Reife _ - ~~- Joseph R. Reifer Its Attorney COLE, ZYLSTRA & RAYWID 2011 Eye Street, N.ta. Washington, D.C. 20006 September 11, 1972 • I STATE OF IDA~i4 ) ss: COUNTY OF ADA ) DON STOREY, Mayor of Meridian, Chairn1an of the Treasure Valley CATV Committee, being first duly sworn on oath, deposes and says:. FORMATION OF THE TREASURE VALLEY CATV COMMITTEE }~+ate 1967 and early 1968, elected officials of the Treasure Valley cities discussed various proposals to provide cable television service to their communities. The Executive Director of the Association of Idaho Cities called together elected officials of the Treasure Valley cities to explore the benefits in organizing a committee to study the advantages of offering a uniform franchise agreement to the industry.,- A study committee was formed to alleviate the financial burden involved in each city attempting to draft its own franchise ordinance. The first meeting was held in Boise, Idaho in early 1968. • Committees were formed to investigate and report on . model franchise agreements, engineering studies, advertising and franchise fees. The joint effort provided benefits to both the franchisee axed the public in terms of programming and reduced service charges In August of 1968, the Association of Idaho Cities formed the Treasure Valley CATV Committee. This conxnittee ented 14 cities which included Boise, Garden City, Meridian, repres . Nampa, Caldwell, Parma, New Plymouth, Weiser, Payette, Fruitland ' and Emmett, Idaho, and Vale, Ontario and Nyssa, Oregon. Each city was represented by two members with a Mayor or City Councilman from that particu7_ar city. .The Association was designated as the secretariat. The committee retained legal counsel, fiscal counsel,~as well as technical counsel and proceeded to prepare a model franchise ordinance. Franchise was granted to Gencoe on February.l3, 1969. Subsequently, all cities enacted individual franchising or3inances. FUCTIONS OF TIC COMMITTEE The Committee, as established, had as its primary purposes: 1. To represent their respective cities in the development of a franchise ordinance; 2. Solicitation of proposals to provide cable television service for the 14 cities; 3. To prepare a uniform agreement to be used by member cities and the company, on, consummating the franchise award; 4. Determine the fiscal requirement of the successful • franchisee; S. To establish criteria and performance standards upon which the franchise will be awarded; and selection, by whatever method the committee determines, of a company to provide cable television for the cities of Treasure Valley; 6. To establish a time schedule for installation of cable television within the 14 city CATV system; 7. To retain such professional consultants as the Committee - 2 - . agrees necess~~ry to assist in carrying out its responsibilities, to the end that the best possible serv~.ce will be provided. at the most reasonable rates to subscribers; 8. To determine and implement the best method of - inspecting materials and workmanship during construction and - installation of the system in each of the cities; 9. Establish minimum program requirements; 10. Assure the use of the most recent technology and equipment by franchisee;- 11. To retain an auditor who shall review the financial statement and accounts of the grantee and certify as to the correctness of the basis on which the franchise fee will be paid to each city. 12. Renegotiation of any revisions in the franchise `which might be offered by a city or cities or the franchisee at any time, according to the provisions of the franchise ordinance; 13. .Renegotiations which might, for any reason, be forth- coming as a result of federal or other requirements or necessity. DURATION AND SCOPE OF THE REGULATORY AUTHORITY OF THE - • TV CATV COT~IITTEE - The Committee, as set forth in item A of the agreement, is to be continuous, so long as the franchise is in existence. Its purpose is to serve as a review committee for the participating cities. It will be noted, from the attached Ordinance, Item B, that the Committee is to periodically; review the audits of the -franchisee; has authority in the matters of increasing or - 3 - . decreasing monthly rates to the subscr:Lbers; revise the amount of the franchise fee to the cities; ac•-: as a supervisory agent over the programming, both as to quality and quantity; to determine the amount of funds necessary to support continued Committee activities and the assessment of each member city; to exercise these and other original applicable functions of the Committee when necessary or desirable during the life of the committee. To all of these terms and activities, the companies submitting proposals were aware, sa..nce each had purchased a copy of the documents. SCHEDULE OF FEES AND FRANCHISE TAY Early in the committee activity, it was evident that the individual cities, as well as the committee members, would be ,put to considerable expense in this endeavor. it was, therefore, ,,,agreed that each participating city would be assessed a per capita charge to support the committee activity and that the successful company would, by terms of the agreement leading to the granting of a franchise,-pay to the committee $5,000.00 to defray that much of the committee expense. Further assessments or any reimbursement would likewise be ,on a per capita basis. (The A.I.C. was to receive $1500.00 of the $5,000.00 to defray its expenses.) Section 10•of the Uniform Ordinance relates to the payments to the city -franchise rates. In the development of the ordinance, considerable discussion and thought was given by the committee as well as the consultants as to what the franchise rates should be. -4- ' The st~~dy committee on the franchise fee determined that: the individual cities would make larger expenditures during the first two years.. The construction period would necessitate greater expenditures due to construction on the cx.ti.es' streets and alleys. The study committee examined other cities' franchises and expenditures thereunder in arriving at its 4% figure for two years. The 3% ffigure after the first two years is consistent with other cities' franchises requiring the __ use of the city's streets and alleys.- . The Franchise ordinance provides that renegotiation of the franchise fee will take place at the expiration of each five-year period. The committee felt that at the end of this ...period of time a fiscal history would be available enabling tl~e cities to either raise the fee to meet expenditures or - lower the fee and thus reduce subscriber rates. ,; ~~ -~ Don torey SUBSCKIBED AND SWORN TO before me this ~{`,day of August, 1972. ;. ~, Notary Pu is ~or I a o ~~ Residing at Boise, Idaho - 5 - A F F I D A V I T 5TATE OF IDAHO ) ss: COUNTY OF ADA ROBERT L. HAMERSLEY, a Management Consultant for LVO Cable, Inc., being first duly sworn on oath, deposes and says: That I have been a Management Consultant for LVO Cable, Inc. from 1967 to date. That I am familiar with the original bid that was submitted to the. Treasure Valley CATV Committee, and further that I was active in the preparation of that bid. At the time the bid proposal was submitted to the Treasure Valley CATV Committee the Federal Communications Commission had not adopted its present rules. LVO's bid originally provided for a 27 channel system and public access. to certain channels as well as four channels for educational. use and instruction. A full compliment of facilities for local origination was included in LVO's bid. At the time the bid was prepared, two-way capability for cable was only being considered in conceptual phase. Shortly thereafter, when LVO developed its own concept for two-way capabilities, the Treasure Valley CATV Committee was advised that the Treasure Valley would be wired with cable having a two-way capability, although it was not required under the provisions of the original franchise. It was felt that a two-way capability would be of benefit to the citizens in this rather large geographical area which is sparsely populated. The present rules of the FCC in no way limit or hinder the capability of LVO Cable, Inc. to meet its statutory and public obligatie~ns. The franchise fee of 4% is not a limiting -_ - __- factor in cnmplyi.ng with the_ rules of the..FCC. Ro ert tamers ey 0 SUBSCRIBED AND SWORN TO before me this ~~~ nay of August, 1972. ~' ~ ~~7 Notaz ~ Yu is or Ica, o Resi ing at Boise, Idaho 2 - . • AFFIDAVIT OF SERVICE I, Joseph R. Reifer, do hereby certify that copies of the foregoing "Amendment" were mailed, postage prepaid, on this 11th day of September, 1972 to the following: Wilkinson, Cragun & Barker 1616 H Street, N.W. Washington, D.C. 20006 Counsel-for KBOI-TV Fis-her, Way1-and, Southnlayd & Cooper 1100 Connecticut Avenue, N.W. Washington, D.C. 20036 Counsel for KTVB McKenna, Wilkinson & Kitt_ner __ 1150-17th Street, N.W. Washington, D.C. 20036 Counsel for Idaho TV Corp. City Council of the City of Fruitland Fruitland, Idaho City Council of the City of Weiser Weiser, Idaho City Council of the City of Ontario Ontario, Oregon City. Council of the City ~of Caldwell Caldwell, Idaho City Council of the City of Boise Boise, Idaho City Council of the City of Payette Payette, Idaho City Council of the City of New Plymouth New Plymouth, Idaho City Council of the City of Emmett Emmett, Idaho City Council of Garden City Garden City, Idaho City Council of the City of Parma Parma, Idaho City Counci 1 of the City of Vale Vale, Oregon City Council of the City of Meridian Meridian, Idaho City Council of the City of Nampa Nampa, Idaho City Council of the City of Nyssa Nyssa, Oregon The Honorable Don Storey Mayor of Meridian Chairman of the Treasure Valley CATV Conunittee City of Meridian Meridian, Idaho /s/ Joseph R. Reifer Joseph R. Reifer c~ 1~c ~' i~ ~ . ~- AMENDMENT .. LVO Cable, Inc. Meridian, Idaho File r?o. CnC-231 .The referenced application for certification ------------------- --_ _-- --- - -- -_ ,v__ is hereby amended to demonstrate' ~ompT~nce`-with thc^ • ~ Commission's .Rules, as amended by its Memorandum Opinion ' and Order on Reconsideration of the Cable Television Report and Order, FCC2d FCC-72-530, as follows: 1. A complete copy of the Application for Certification and a copy of this Amendment will be available for public inspection at the City Clerk's Office in Meridian, Idaho. 2. At such time as the systera has 3500 or more subscribers it will have such facilities as wild enable it to operate to a significant extent as a local . outlet by origination cablecasting and by .the. production and presentation of local programming in compliance with Rule §76.201 et seg. .3. LVO's Applications for Certification, File ~Nos.~ CAC-220-233 were filed on April 24, 19.72. By Public Notice dated June 22, 1972 (FCC Mimeo 85945), the . Commission stated that certification applications filed on or before May 9, 1972 .need not be amended to include a --- - - -- _. - .statement in compliance with Rule §76.13(a)(8). - 2 - 4. LVO's Meridian franchise (Application Exhibit I) complies with Rule §76.31, as amended, as follows: a. Although not specifically recited in the franchise, grant of the franchise was preceded by public hearings affording due process in which the legal, financial, character and technical qualifications of LVO . and the adequacy and feasibility of its construction arrangements, were carefully considered by the City of Boise in compliance with yule X76:. 31 (a) (1) ; b. As provided in Section 17 of the franchise, LVO is required to commence construction within 30 days after obtaining Commission certific4tion and to complete construction within 18 months thereafter. This _ _ _ __..~onstructon schedule complies- with- Rule §76.31 (a) (2) ; _ c. Although the-initial franchise period is 20 years, over three years have already elapsed making . ~ the effective-franchise period less than 17 years.- In .paragraph 115 of its Memorandum Opinion and Order on Reconsideration, su ra, the Commission advised that franchises granted prior to March 31, 1972 will be processed "so long as there is substantial compliance" with Rule X76.31. As an example, the Commission stated that a franchise fee of 6$ rather than 5$ -- a 20~ deviation -- - __. ~' - 3 - A. would. be considered substantial compliance. The effective franchise period of less than 17 years -- a.13~ deviation from the standard -- is therefore in substantial compliance with Rule. §76.31 (a) (3) ; ___ _ __ d. In Section 11 of the franchise, the City of Meridian has specified the initial subscriber installation and monthly service .rates and has provided that no increases may be made without prior approval of .. the City Council. Although not e-xpressly recited in the franchise, LVO undertakes, should a request for increase ~ . in rates be necessary,' to do so only through an .appropriate public proceeding affording due process, in compliance with Rule §76.31(a)(4); _ ___.._. _.~~_._._~- __-~_~ _ -. - - ~, As provided: in SeC~ion 23 of the franchise,. LVO is required to maintain atoll-free telephone listing so that maintenance service .will be promptly available to its subscribers in compliance with Rule §76.31{a)(5). LVO undertakes to investigate and resolve all. complaints ..fairly and equitably and in compliance with Rule §76.31(a)(5); • f. In compliance with Rule §76.31 (a){6), LVO undertakes to immediately comply with any modifications.. of Rule §76.31 insofar as they are not inconsistent with its existing franchise. Should the Commission adopt modifications of Rule §76.31 which ire inconsistent with . - ~ . _.. .. .._. r....._._. _ ,..- _ . . , ', its franchise, LVO undertakes to apply to .the franchising - authority so as to secure within one year of adoption . of the modification or upon renewal of its franchise,. whichever occurs first, a modification of its franchise --- ---- ---sepsst-antc,~i~!~--thy X76 .-~~ moaif-catic:~:---- - ------ -- - ; - - -=-- -- --- g. In compliance with Rule ~76.31(b), the annual franchise fee is 4$ of gross annual subscriber . revenues for the first two years of operation and 3$ for the next three years. This fee was carefully considered in LVO's plans for the construction of cable television systems in the Treasure Valley area and will not interfere with its effectuation. of federal regulatory ,goals. This fee. is appropriate in light of the planned local regulatory program. 5. The representations made in the application far certification and-this amendment are true and correct to the best of my knowledge and belief and are made in good faith. ' ~ ~3 .~- te LVO CABLE, INC.. 0 icer 1 N~, t:- ., AFFIDAVIT OF SERVICE ' ,~ I, Roger E. Zylstra, do hereby certify that copies .' uC the foregoing "Amendment" were mailed, postage prepaid, on i.fiis '9th day of August, 1972 to the. following: _ Wilkinson, Cragun & Barker KAID 1(116. ri Street, N.W. State Board of Education Wasi~ington, D.C. 20006- c/o D. F. Engelking Counsel for KBOI-TV State House Boise, Idaho Fisher, Wayland, Southmayd & Cooper City Council of the 1100 Connecticut Avenue, N.W. City of Meridian Washington, D.C. 20036 Meridian, Idaho Counsel. for KTVB . McKenna, Wilkinson & Kittner Superintendent of .Schools 1150-17th Street, Pd.W. City of ~deridian Washington, D.C. 20036 Meridian, Idaho Counsel for Idaho TV Corp. i /s/ Roger E. Zy~stra Roger E. Zy~stra a w.. !~ , CERTIFICATE OF INSURANCE ISSUED BV THE HOME INSURANCE COMPANY ~ THE HOME INDEMNITY COMPANY T o : City, of Meridian, Idaho Meridian, Idaho Date: Apri 11, 1972 This is to certify that insurance policies, subject to their terms, conditions and exclusions, are in force at the date hereof, as follows: __ _ _ -- _ - -- -- NAME OF INSURED: General Communications and Entertainment Company, Inc., and City of Meridian, Idaho, its C-fficers, Boards, Commissioners, Agents and Employees, but only as respects contract with General Communications and Entertainment Company, Inc. This certificate of insurance neither affirmatively nor negatively amends, extends or alters the coverage afforded by any policy described herein. POLICY KIND OF INSURANCE POLICY NUMBER PERIOD LIMITS OF LIABILITY Workmen's Compensation PWC 4121061 Eff. 4-1-72 Statutory -Provided by Exp.4-1-73 Workmen's Compensation Law -State of: Idaho Employers' Liability PWC 4121061 Eff. 4-1-72 $100,000.00 Each Accident Exp.4-1-73 Comprehensive General Liability, including: GA 4310593 Eff. 4-1-72 $500,000.00 Per Occurrence Manufacturers' 8 Contractors' Exp.4-1-73 Combined Single Limit Elevators Bodily Injury and Property Owners' or Contractors' Damage Liability Protective Products and Completed Operations Blanket Contractual Liability Comprehensive Automobile Liability: GA 4310593 Eff. 4-1-72 $500,000.00 Per Occurrence Owned Automobiles Exp.4-1-73 Combined Single Limit Hired Automobiles Bodily Injury and Property Non-Owned Automobiles Damage Liability (Authorized Representative) In the event of cancellation, thirty (30) days Da ed 72 written notice will be given to the party to ( ) whom this certificate is addressed. r GRANT BGCOMPANY, INC. LVO Enterprise Building Tulsa, Oklahoma 74103 Telephone A/C 918, 587-2444 LAUREL E. ELAM CARL A. BURKE (1898-1961) CARL P. BURKE KARL JEPPESEN B LAINE F. EVANS PETER J. BOYD BYRON J. JOHNSON ROBERT J. KOONTZ J. DEN NIS FAUCHER M. ALLYN DINGEL,JR. JOHN S. SIMKO JACK 5. GJORDING LARRY D. RIPLEY K. ROBERT FOSTER W. RICHARD SANDERS DAVID B. LINCOLN SLAM, BURKE, JEPPESEN, EVANS AND BOYD ATTORNEYS AND COUNSELORS AT LAW SUITE 1010 BANK OF IDAHO BUILDING POST OFFICE BOX 1559 BOISE, IDAHO 83701 April 17, 1972 City Clerk __~ ._ _ _ _ City Hall Meridian, Idaho Dear Sir: TELEPHONE AREA CODE 208 NUMBER 343-5454 CABLE ADDRESS EBJEB Enclosed find the renewal certificate for Bond No. 400 CH 3040 on behalf of General Communications and Entertainment Co. This bond comes up for renewal on April 23, 1972, and we wish to file the formal certificate wi h the City so that the bond remains in full force and effect as required by the terms of the franchise contract with the City. If you have any questions concerning the form of this certificate, please feel free to contact me. Sincerely yours, ELAM, BURKE, JEPPESEN, EVANS & BOYD _..~ .~ -- Carl P. Burke, Counsel for General Communications 'and Entertainment Co. (LVO Cable Inc.) CPB:sd Enc: ST. PAUL ,#~ 5` n~,,~E °°""~~""5 CONTINUATION OR RENEWAL CERTIFICATE ~' ST. PAUL FIRE AND MARINE INSURANCE COMPANY ssr~my roo .~o~oe me wo.re.....o~.e en. osoa FIDELITY AND SURETY SAINT PAUL, MINNESOTA STOCK COMPANY, ORGANIZED UNDER THE DEPARTMENT LAWS OF THE STATE OF MINNESOTA. (HEREINAFTER CALLED COMPANY) In Consideration of an Agreed Premium, Hereby continues in force Bond No?+OOCH 3040 on behalf of General Communications grid Entertainment Co. and in favor of City of Meridian, Idaho for the extended term of 3 year(s), beginning on the 23rd day of April 1972 ;subject to all its terms, conditions and limitations, as set forth and expressed in said bond heretofore issued on the 23rd day of April 19 69. This continuation or renewal certificate is executed upon the express condition that the Company's liability under said bond and this and all continuation or renewal certificates issued in connection therewith shall not be __ ___ - _. cumu a ive an s a no many even excee a amoun as se or m sax on or m arty a i ions, ers;~or endorsements properly issued by the Company as supplements thereto. _ SIGNED, SEALED, and DATED this lst c~~ ~RRY AGENCY gent ' FORM # 11016 CRC REV. 3-67 day of Febr"aaxy _- - - , 19 72 ST. PAUL FIRE AND MARINE_iNSURANCE COMPANY 'I bY-------------------_ ----~'~~------------------------- Patsy Crone ~ Attorney-in-Fact F~R,E D. Imo. JA^M E S ~ CO.OF OKLAHOMA INC.' //~.:/ TE'LEPHONE 583-2661 LVO ENTERPRISE BUILDING TULSA, OKLAHOMA 74103 (A,MEN DED) CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO: NAME City of Meridian, Idaho and Meridian, Idaho ADDRESS L_ are in force at the date hereof, as follows: THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED J BY ANY POLICY DESCRIBED HEREIN KIND OF INSURANCE COMPANY AND POLICY LIMITS OF LIABILITY POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION AND a ome nSUCOnCe Company Eff. 4-1-73 Exp. 4_ 1 _74 Work. Comp. -Statutory w L EMPLOYER'S LIABILITY P~/~/~, 4121 103 $100' 000 Employers Liab. COMPREHENSIVE The Home Eff. 4-1-73 5 , 0 Per Occurrence Combined Single GENERAL LIABILITY ndemnityy Compan Exp. 4-1-74 Limit Bodily Injury and Property GA 4b80269 Dama a is 'lit CONTRACTUAL LIABILITY Eff. Exp. $ ,000 Eeeh occurrence $ ,000 Aggregate $ ,000 Each occurrence $ ,000 Aggregate AUTOMOBILE LIABILITY The' Home Eff 4'^ I -73 $500.,000 Per Occurrence Combined Single 30 owned Automobiles ~ HiredAutom°bilea ndemnity Compan . Exp. 4-1-74 Limit- Bodily Injury and Property ~ "°"-owned Automobilea GA 468p269 Dama a Liabi I it OTHER Stonewall Ins.Co. Eff. 4-~-73 Excess Liabili X12196 Exp' 4-1-76 $15,000 000 Excess. of, rimary Limits OTHER Eff. Exp. ''Comprehensive General Liability includes Manufacturers' 8~ Contractors', Elevators, Owners' Protective, .Products 8 Completed Operations and Blanket Contractual Liabi I it . The City of Meridian, Idaho, its officers, boards, commissioners, agents and employees are named as additional-insureds;-bu~only as-respects confracfi wifh General" ~.ommunica~fiions - and Entertainment Company, I'nc. r31J dayys. In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give rltten rtotlce to the party to whom this certificate is issued, ~M~f~r~§~iXgt~ptq~j~q~d~p~KRq~~~~,,~p~~~g~~,x This is t0 Certify, that policies in the name of r- -~ FRED $. JAMES & CO. OF OKLAHOMA, INC. NAMED General Communications and INSURED - and Entertainment Company, Inc. ADDRESS p.0: Box 3423 B - %~~ -, ~~~, ~ ~~~ ~ Tulsa, Oklahoma -~ Don .~ rant Date:. (,_7_7~~ct ~E D. ~. JAMES Cx CO. OF OKLAHOMA INC. ~~lJ TELEPHONE 583-2661 LVO ENTERPRISE BUILDING TULSA, OKLAHOMA 74103 CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO: ~ City of Meridian, Idaho ~ NAME Meridian Idaho and ~ ADDRESS ~ ~ are in force at the date hereof, as follows: THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN -KIND-OF~NSl1F3AN~E_- ____S~OMP__A11LY__ANJZ_ _ ____eOlI~Y_ , ____ _ - _ __ __ LIMITS O_F LIABILITY _ ___ _ _ _ __ POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S COMPENSATION AND a ome nsurance Com an y Eff. 4-1-73 Exp. 4-1-74 Work. Comp. -Statutory 7-l Nli_ EMPLOYER'S LIABILITY PWC4721103 EmployersLiab.100,000 COMPREHENSIVE The Home Eff. 4-1-73 50 ,000 Per Occurrence Combined Single GENERALLIABILITY ndemnity COmpan Exp. 4-1-74 Limit Bodily Injury and Property GA 4680269 Dama a Liab'lit CONTRACTUAL Eff. $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY Exp. $ ,000Aggregate $ ,000Aggregate AUTOMOBILE LIABILITY The Home 4-1-73 $500,000 Per Occurrence Combined Single $,I Owned Automobiles ;iZl Hired Automobiles ndemnity Compan EXt. Limit Bodily Injury and Property p' 4- 1 -74 Non-Owned Automobile;; GA 4680269 Dama a Liabi I it OTHER Excess Insurance Compan Eff. 4_1-73 $5,000,000 f the State of Exp' 4-1-74 OTHER ennsylvania Eff. 4173-5533 Exp' *Comprehensive. General Liability includes Manufacturers' 8 Contractors', Elevators, Owners' Protective, Products 8 Completed Operations and Blanket Contractual Liabi I it The City of Meridian, Idaho, its Officers, Boards, Commissioners, Agents and Employees are named as additional insureds,, but only as respects contract with General Communications and Entertainment Company, Inc. In the event of cancellation of said policies or a reduction in the limits of liability, the company will endeavor to give~iuritten notice to the party to whom this certificate is issued,7~Ca~7pk~0fpG~1~J[%~X~7g7~D~~(3tbGDCEppWONQ ~ ~DiD4D~AQDC~~I(D4~ This is to Certify, that policies in the name of General Communications and NAMED INSURED Entertainment Company, Inc. ADDRESS P• O• Box 3423 Tulsa, Oklahoma ~ FRED S. JAMES & CO. OF OKLAHOMA, INC. By: ./ ~. ~ Don .Grant Date: 3/27/73mw WESTERN SURETY COMPANY CHICAGO ~ SIOUX FALL$ • :DALLAS PALO ALTO BALA-CYNWYD, PA. ~®1~I'~'~I~IjJE1'~'~®l~d ~~ll~'~'g~Y~A'~']E In consideration of the sum of TWENTY AND NO/100-------- ($ 20.00-----~ Dollars, the Western Surety ~C~~ompany hereby continues in force Bond N s` in the sum of TWO THOUSAND AND NO/100----------- --------~~2,000.00--~ Dollars on behalf of STEVE MICHELS ' of THE CITY OF MERIDIAN, STATE OF IDAHO as _ __A PLUMBER ___ - _ _ - - _ - --- __ - _ ' ~'' STATE OF IDAHO _ in favor of for the term beginning on the 24TH day of NOVEMBER 19 74 ,and ending on the 24TH day of NOVEMBER 1975 ,subject to all the covenants and conditions of said Bond heretofore issued. This continuation is issued upon the express condition that the liability of the Western Surety Company under said Bond and this and all continuations thereof shall not be cumulative and shall in no event exceed the total sum above written. Dated this 2 $~ day of AUGUST 19~...". WESTERN SURETY -~0`M.~:4_N-Y - = Mylo H. Joh on, V' -President Attgrne~ix%-F-ar~t THIS "Continuation Certificate" MUST B ILED TH THE ABOVE BOND 90 THE TRAVELERS Certificate of Insurance "Phis is to certify that policies of insurance as described below have been issued to the insured named below and are in force at this time. 1f such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, 30 X written notice will be mailed to the party designated below for whom this certificate is issued. 1. Name and address of party to whom this certificate is issued 2. Name and address of insured ~ City of Meridian, Idaho ~ General Communications and Meridian, Idaho Entertainment Company, Inc. P. O * Box 3423 Tulsa, Oklahoma 74101 L ~ 3. Location of operations to which th is certificate applies 4. Coverages-Eor Which- Insurance is Afforded - - - ~•--- Limits of Liability -- - a--s._ - - Policy Number _ - - Policy Period** Workmen's Compensation and Compensation-Statutory --- Employers' Liability in the state named in item 3 hereof Bodily Injury Liability ~ ~' "" -except automobile $ , 000 each person $ 300, OOO each occurrence $ , 000 aggregatet ° _` tCompleted Operations _cluding Protective ------------------------------- and Products only ---------------------- Property Damage Liability * -except automobile $ -, Od0 each occurrence cluding Protective $ , 000 aggregate Bodily Injury Liability -automobile $ , OOO each person $ , OOO each accident ----------------------- $ ------ ! , 0__00 each occurrence -----=------- ----- ---------- ----------------- Property Damage Liability ~ ' -automobile $ , 000 each accident $ , 000 each occurrence _ * The City of Meridian, Idaho, I ts officers, boards Liability (Bodily Injur and e $ , OOO each occurrence commissioners, agents and em loyees are named Property Damag _ $ ,-QOO aggregate - - -- - _ ~ urrence OOO h , ~ contract with General Commu ications and g , occ eac Catastrophe or Excess $ , OOO each aggregate Entertainment Company, Inc. $ , OOO deductible amt. *Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto. '*Policy is effective and expires at 12:01 A.M., standard time at the ad dress of the named insured as stated herein. Description of Operations, or Automobiles to which the policy applies: The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. Producer--_--~=-- --T - Office-~.-- Date - EQUI'T'ABLE FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE COMPANY THE "TRAVELERS INDEMNITY COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY By _~z - B Secre4rr}~, Casualty-Property Department y Gs~ts Bev. ~-6s ~F,rir~o in u.=.n. 371 Secretar-y, Casualty-Property Department ~E D. I~• TAM E S ~ CO. OF OKLAHOMA INC. TELEPHONE 583-2661 LVO ENTERPRISE BUILDING TULSA, OKLAHOMA 74103 CERTIFICATE OF INSURANCE CERTIFICATE ISSUED TO: City of Meridian, Idaho ~ NAME Meridian Idaho and ~ ADDRESS L_ ~ are in force at the date hereof, as follows: THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY ANY POLICY DESCRIBED HEREIN KIND OF INSURANCE COMPANY AND POLICY LIMITS OF LIABILITY POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE WORKMEN'S Eff. work. Comp. -statutory COMPENSATION AND Exp. NIL EMPLOYER'S LIABILITY Employers Liab. COMPREHENSIVE Eff. $ ,000 Each occurrence $ ,000 Each occurrence GENERAL LIABILITY Exp. $ ,000 Aggregate $ ,ooo Aggregate CONTRACTUAL Eff. $ ,000 Each occurrence $ ,000 Each occurrence LIABILITY Exp. $ ,o00Aggregate $ ,000Aggregate AUTOMOBILE LIABILITY ^ owned Automobiles ^ Hired Automobiles Eff. Exp $ ,000 Each person $ ,000 Each accident ^ Non-Owned Automobiles . $ ,000 Each accident OTHER Umbrella Houston enera Eff. -1-75 , , xcess o rimary bilit Li E Ins. ~~ any Exp.4._1_78 xcess a OTHER Eff. Exp. OTHER Eff. Exp. *This policy replaces Stonewall Insurance Lompany policy -' i~i7o ror me rerm or ~+-~-.~~.~ -- The- City of Merid-i-an, Idaho, iis~officers; boards-commissioners;-agents and employees--are- named - ---=_-- as additional insureds, but only as respects contract with General Communications & Entertainment Co., Inc. 30 Days In the event of cancellation of said policies or a reduction in the limits of li b~i~li~t~y,.,~h c 1(~~y~I~~n e v r t v r t notice to the party to whom this certificate is issued, I~i~f~i~~i~~i-~Ei~t'r'~~s~~In~~dSe~i~S.~~6~g'dSc~I~,a~Dt ~I~r~ ~~ This is to Certify, that policies in the name of General Communications & Entertainme F Co., Inc. NAMED P. O. Box 3423 INSURED r ADDRESS Tulsa, Oklahoma 74.101 L- ~ FREll S. JAMES & CO. OF OKLAHOMA, INC. _ ,-; t y ; ... ~,,,. ~' George Knight, `Jr. ` 1r Date: Apri 12, E 75 THE ST. PAUL COMPANhES so. , . ..o~~e rn. -..re.....o„.a rn. sr.cn FIDELITY AND SURETY DEPARTMENT CONTINUATION OR RENEWAL CERTIFICATE ST. PAUL FIRE AND MARINE INSURANCE COMPANY SAINT. PAUL, MINNESOTA - STOCK COMPANY, ORGANIZED UNDER THE LAWS OF THE STATE OF MINNESOTA. (HEREINAFPER CALLED COMPANY) In Consideration of an Agreed Premium, (83.00-3 Yr. Prepaid Premium) Hereby continues in force Bond No. 400CH301+0 on behalf of General Communications and ~tertainment Co. and in favor of City of Meridian, Idaho for the extended term of 3 year(s), beginning on the 23rdday of April 19 75 ;subject to all its terms; conditions and limitations, as set forth and expressed in said bond heretofore issued on the .23rd. day of April 19 69. This continuation or renewal certificate is executed upon the express condition that the Company's liability under said bond and this and all continuation or renewal certificates issued in connection therewith shall not be cumulative and shall not in any event exceed the amount as set forth in said bond or in any additions; riders, or endorsements properly issued by the Company as supplements thereto. SIGNED, SEALED, and DATED this 23rd. day of _ Aprj-1 , 19 75. ST. PAUL FIRE AND MARINE INSURANCE COMPANY by-------------a=-------~~ - --- ------ --------- --------------------- Alesa Mc,Ki,nle Attorney-in-Fact FORM # 11016 CRC REV, 3-87 THE TRAVELERS HARTFORD, CONNECTICUT CANCELLATION NOTICE. Please take notice that the Policy designated below, issued to the insured named below, has been canceled. Your interest under the Policy is canceled effective on the date stated below. ^ NOT TAKEN NOTICE. Please take notice that the Insured named below has not accepted the Policy designated below and therefore no insurance has come into force thereunder. ^ AMENDMENT NOTICE. Please take notice that, effective on the date stated below, the Policy designated below has been amended as follows: NAME AND ADDRESS OF INSURED • ~ • P 0 BOX 3423, TULSA, OKLAHOMA 74101 PRODUCER ISSUING OFFICE FRED S JAMES & CO TULSA- 6 POLICY N0. EFFECTIVE DATE OF THIS NOTICE DATE ISSUED ~ ~ `~~ ''~,; R-UB-1 B 0-2- 6 & R-NSL,-1 B •+ - 6 06- 0- 6 - - 6PG I~ ` ~, LOCATION(CampZete for Fire Policies ONLY) VEHICLE IDENTIFICATION (Complete for Auto Policies ONLY) WRITTEN NOTICE IS HEREBY THE PERSON TO WHOM AN AN ADDITIONAL ~ A BANK OR GIVEN TO YOU AS: ~ WAS OR GINALERTISSUEDE ^ TERMS OF THE POL CY; ~-~ A MORTGAGEE; ^ COMPANY C t T'~ OF MER I D I ANi IDAHO ~ THIS NOTICE IS GIVEN ONLY BY THE COMPANY OR - MER I D I ANA IDAHO COMPANIES WHICH ISSUED THE POLICY DESIGNATED ABOVE. C-5358 REV. 10-75 PRINTED IN U.S,A. THE ST. PAUL COMPANIE`IS k \ ~; Serving you around (he world... around (he c/ock BOND NO. AMOUNT 0 0 ~ 5 000.00 NAME AND ADDRESS OF OBLIGEE City of Meridian, Idaho City Clerk City Hall Meridian, Idaho REGISTERED MAIL RETURN RECEIPT • REQUEST Gentlemen: PLEASE TAKE NOTICE that this Company elects to cancel the above mentioned bond in accordance with its terms and conditions, cancellation to be effective as indicated above. BY .NAME AND ADDRESS OF PRINCIPAL United Cable Television Corp. P. 0. Box 3423 Tulsa, OK 74101 14207 NBC REV, 5-71 PRINTED IN U.S;A. (i~~C I ~ ST. PAUL FIRE AND MARINE INSURANCE COMPANY NOTICE OF BOND CANCELLATION KIND OF BOND CANCELLATION DATE EFFECTIVE: Franchise Bond 30 Days Of THis Notice • ~ ATTORNEY-Ail'=q~ACT "-`- Janet Logan ~/ {/ 2000 Classen Center-North Okahoma City, OK 73106 ~ ~ a~~'.,., °"; ,~~ RA~SPORT ROUP DALLAS TRANSPORT INSUR~NC~ ~1G.~NCY 4100 HARRY HINES BLVD. DALLAS, TEXAS 75219 AREA CODE 214 526-3876 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY AS TO THE EXISTENCE OF INSURANCE, AS OF THE DATE OF EXECUTION HEREOF, WITH NORTHBROOK INSURANCE COMPANY, NORTHBROOK, ILLINOIS. INSURED: L. V. 0. CABLE,. INC. et al _ A/R: General C~Inmunieations & Entertainment Ce., Inc. ' ADDRESS OF INSURED: 322 North Glenwood Tyler, Texas ___ LOCATION OF RISK: City of Meridian, Idaho -- -KIND OF INSURANCE: Umbrella Liability - - ...LIMIT OF LIABILITY: $5,000,000.00 TERM: One year effective April 22, 1976. POLICY NUMBER: RLJ 63 200 470 CERTIFICATE HOLDER: City of Meridian, Idaho * i Meridian, Idaho It is agreed that the Insurance above described will not be cancelled, reduced or in any other way limited without giving 10 days written note. to the certificate holder named herein. DATED: August 27, 1976 BY: ~ ~,J AUTHORIZED REPRESENTATIVE * The City of Meridian, Idaho, its officers, boards, commissions, agents & employees are named as additional insureds, but only as ,respects contract with General Communications and Entertainment Co., Inc. TRANSPORT INSURANCE COMPANY - T1C0 INSURANCE COMPANY -TRANSPORT EN(:1NEF,RING SI.Rt'ICE -- 1'R ANSI'OF2'I' INSURANCP; AGP;N C1' Regiortel 0I!lces: AKRON -ATLANTA -BOSTON -DALLAS -MINNEAPOLIS -MONTREAL -NEWARK - ST. LOUIti - 1'ONON1'O - WINti'i'ON-tiAl.liM R~FQ3LIC IN51,~.-~**fCE CC2iPANY Dallas, Texas Policy ~M1 6700 ~~44 Tr~iZS I5 TO CERTZyX TR..aT: GENERAL COMMUNICATIONS AND rTm r+me~rrn~rc~TTT r~t'rnrtyehTy TN,S:_ , a corporation inCOZporated uIIder the lav8 L1i _._ ~R 1 - F~~ ~s • as p_ incipal and the ~??UBLIC INS~II"tst '~iC~ CG~L ,, thz_ State of .De a•Tare a coloration organized undzr the la-~s of the State of TES, and authorized to transact a general iusuranca buainass in the Scats of Trlah~ ~, as Gua~anfQx, - -----n_~el_~:~d fi~l.y__ bound unto the -City of - , a. municipal corpoM Meridian ___ 3-n`1:~ sus -~f-° Fj~th:~ r ration in t?hQ State o= - _~Idaho __ ~- _ _ la~;'£ul rioz~ay of the United S fates, fox- ~hiLh paymant~, +~e3~- auk _ truly to tae ~aada, ua bird oursz3.ves, jointly and .severally, fir''--iy by thess presents. . finis Gu~rc+nty i~ executas3 to comply zaith th=_ terms of the ordinance dated- _ _ ca A ri1 14 196 of ~~, of r~ ~i a,j~ T 110 _________.~ Scanting a franchise to .~n~r~„1;s~,ommunicatio~as and a indent Company, nc. _ to use the public street and planes within the City to transmit and siistribute electrical i~puls~es through. an open line-coaxial antenna eyste~ for televl.sian receivers lcc ated within said . City of Meridian, Idaho GENERAL COMMUNICATIONS AND - hereinafter called "Grantee",. ENTERTAINMENT COMPANY., INC,_,_ by this ,guaranty guarantees to faithfully perform, sell -and truly obszrt*e anal fulfill.... each terra and condition of the franchise granted by the above mentioned ordinance, and in epee of any breach of condition of the guaranty, the aaount thereof shall ba recoverable from the Principal 8ant~eato uellbandafaith£ullyrobeexv~ andgpsr~ rm any¢ .resulting from th_ failure of Gr provision of said Fx'anchisa or any provision of said ordinance. This Guaranty is Effective beginning __ June 1, 1976. and e;cpizing unt+i_1 cancelled This Guaranty may be terssinated or cancelled by Guaraatox by inirty (3p) days prior natica in ~-riting frc*n Guarantor to Principal and-.to said City of Meridian, Idaho , such notice to be given by certified rail. Such ter~inatioa or cancellation shall not affect any liability incurred ar accrasd u::a?r this Guaranty priox to the effective date of .such terairation or _canc~l7.ation..- Dated this 14th day of ~~ ~ 19--.Z~.-' _ GENERAL COMMUNICATIONS AND. C BY E,:,piTBLIC IIv iCa CGa'IPA'+Y BY Cravens, D' a ciai-Risks P. O. B i6 ,/,fiou.ston, ie~taa 770G1 preser.tativ° IrRUM.\ FORSTER ~e INSURANCE COMPANIES ~,~~'~OP'1~~~~ ~F 0~~~~~1~~~ ~ THE P041CY MA6CERS THIS IS TO CERTIFY Mal the folkswiny polleles, wbjed to Melr farms, oondiflons and e,<clueions, hove been issued by this oompany~ This is not o policy of inevronce, nor is if on endorcemenl making the person, Arm or corporation at whose request if is issued on additional insured on the policy or pollcip referred fo heroin. In the even4 of cancollafion of ony such poliq or policies, the company will endaovo- to ®ive the principal named horein .:..................doys wrilfen notice prior to tancellofion. If the number of days is not crated herein, then the ma^imum period of notice ehal! be Ave (~ days. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED r City of Meridian, Idaho NAME AND ADDRESS OF INSURED UNITED CABLE TELEVISION CORP. S22 S..Boston; P. 0. Box 3423 Tulsa, Oklahoma 74101 Meridian, Idaho ~Ttris tertiiirate-of assurance neither affirmatively nor _negatively ~mencfra, extenth-er specs t#se-eavero~o#eFde~--~-policEsa chnwn_!Y ~^~•• _-~. TYPE OF INSURANCE POLICY NUMBER• EFFECTIVE DATE EXPIRATION DATE LIMITS OF LIABIIITY• Workmen's Componsatbn 408-004456 6-30-76 6-30-77 Statutory '' In conformance with the Compen- sation law of the Stara of AR, CO, CT, FL, IL, LA, MD , MI.,...MQ.,...~I~l,...~2K,...S.C , TN TX UT S Each Occurrence Publlc Uability ~iw I"j"rt' A 4 6 0 6 :300 000. - CSL GL 58735 -3 -7 -30-77 s Aggrogota Products s 300 000. SL $ ~~~ Operations Public liability Property DamoRo GLA 587354 6-30-76 6-30-77 i Aggregate Protoctivo . = Intl . ~~' Products s Incl. 3~AXg{ Contractual S 100 ~~~ ~ Each Person Automobile (Bodily Injury) GLA 587354 6-30-76 6-30-77 s 300,000. Each Occurrence Automobile (Properly Domage) GLA 557354 6-30-76 6-30-77 S 100 0 E°°h °°°urre"`° S s S "Absence of any appropriate entry means no such insuronce is in torte. REMARKS: ~ General Communications & Entertainment Co., Inc. The City of Meridian, Idaho, its officers, boards, commissioners, agents and employees are named as additional insureds, but only as respects contract with General Communications & Entertainment Co., Inc. 5-26-76 UNITED STATES FIRE INSURANCE COMPANY Doted .............. ..._.............................................................. ......................................................................................................................... •FM. 109.O.t19 Ifl•74) (Company) ~y...:~,.~...:~ .... ~.~~:: ~- ::....................... THE TRAVELERS Certificate of Insurance "phis is to certify that policies of i~isurance as described below have been issued to the insured named below and are in force at this time. if such policies are canceled or changed during the periods of coverage as stated herein, in such a manner as to affect this certificate, ~: written notice will be mailed to the party designated below for whom this certificate is issued. 1. Name and address of party to whom this certificate is issued 2. Name and address of insured ~ City of Meridian, Idaho ~ General Communications 8~ Meridian, Idaho Entertainment Co., Inc. P . O . Box 3423 Tulsa, Oklahoma 74101 ~ J 3. Location of operations to which this certificate applies Continental United States of America 4. Coverages Fo r Which _ __ _ _ ___ Insurance is Affoled _ Limits of Liability Policy Number Policy Peri Workmen's Compensation and _ Compensation-Statutory ' Employers' Liability in the state ~. ` ? ~•_. named in item 3 hereof w a"_ - ~ ~ r~- Bodily Injury Liability ,.. , "': ; ` ~~ -except automobile $ , OOO each person $ ,'•'-.`;>000 each occurrence $ , OOO aggregatet tCompleted Operations x chiding Protective - and Products only _ - ,,.,`~~ >},'; - '•_., ;^ } ,. Property Damage Liability - ~ a ~ ~- ~ ~ ~* • -except automobile $ _ , 000 each occurrence " "' chiding Protective $ , 000 aggregate Bodily Injury Liability F~~~f; , ~ r`; i . r ~, ~ ~ ` -automobile $ , OOO each person $ , OOO each accident $ ~~" ; OOO each occurrence :._ ~ ' ,'E Property Damage Liability -automobile $ , 000 each accident $ , O00 each occurrence Liability (Bodily Injur and $ , OOO each occurrence The City of Meridian, Idaho, its officers, Property Damage $ , OOO aggregate boards, commissioners, agent - and employees -- . are name as a I Iona Insur s, u on y $ , OOO each occurrence as respects contract with Gen ral Communica- Catastrophe or Excess $ , 000 each aggregate tions & Entertainment Co., I c. $ , 000 deductible amt. i 'Absence of an entry in these spaces means that insurance is not afforded with respect to the coverages opposite thereto. "Policy is effective and expires at 12:01 A.M., standard time at the address of the named insured as stated herein. Description of Operations, or Automobiles to which the policy applies: ... , .k .. - , ".. ~.. r ,~. _ The insurance afforded is subject to all of the terms of the policy, including endorsements, applicable thereto. Producer -------- -- ;a ' -- Office- Date - ~`, EQUITABLE FIRE AND MARINE INSURANCE COMPANY THE TRAVELERS INSURANCE- COMPANY THE TRAVELERS INDEMNITY COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY By Secretary, Casualty-Property Department By C-5918 Rev. 7-68 vaiNrEO ~N u.s.n. s7i Secretary, Casualty-Property Department ~~ ~~~ TRANSPORT INSURANCE AGENCY 4100 HARRY HINES BLVD. DALLAS, TEXAS 75219 AREA CODE 214 526-3876 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY AS TO THE EXISTENCE OF INSURANCE, AS OF THE L1ATE OF EXECUTION HEREOF, WITH First State Insurance Company, Boston, Massachusetts. INSURED: L. V. 0. CABLE, INC. ET AL A/R: General Communications & Entertainment Co., Inc. ADDRESS OF INSURED: 322 North Glenwood - - - - _-- Tyler, Texas LOCATION OF RISK: KIND OF INSURANCE: LIMIT OF LIABILITY: TERM: POLICY NUMBER: CERTIFICATE HOLDER: City of Meridian, Idaho Excess Layer $200,000.00 April 22, 1977 to June 30, 1977 913574 City of Meridian, Idaho Meridian, Idaho It is agreed that the insurance above described will not be cancelled, reduced or in any other way limited without giving 10 days written notice to the certificate holder named herein. DATED: May 2, 1977 B Y ~ C.f ~ l_Q A~. ~--~ ~~ n 1-4 ~, ~ ~~ l1-m AUTHORIZED REPRESENTATIVE * The City of Meridian, Idaho, its officers, boards, commissioners, agents & employees are named as additional insureds, but only as respects contract with General Conanunications and Entertainment Co., Inc. TRANSPORT INSURANCE COMPANY - TICO INSURANCE COMPANY -TRANSPORT ENGINEERING SERVICE -TRANSPORT INSURANCE AGENCY Region el Offices: AKRON -ATLANTA - BOSTON -DALLAS - MINNEAPOLIS -MONTREAL -NEWARK - ST. LOUIS -TORONTO - WINSTON-SALEM RANSPORT ROUP DALLAS TRANSPORT INSURANCE AGENCY 4100 HARRY HINES BLVD. DALLAS, TEXAS 75219 AREA CODE 214 526-3876 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY AS TO THE EXISTENCE OF INSURANCE, AS OF THE DATE OF EXECUTION HEREOF, WITH the Northbrook Insurance Company, Northbrook, Illinois., INSURED: L.V.O. CABLE, INC. et al A/R: General Communications & Entertainment Co., Inc. ADDRESS OF INSURED: 322 North Glenwood Tyler, Texas LOCATION OF RISK: City of Meridian, Idaho KIND OF INSURANCE: Umbrella Liability, LIMIT OF LIABILITY: $5,000,000.00 TERM: April 22, 1977, to June 30, 1977 POLICY NUMBER: RLJ 63 200.601 CERTIFICATE HOLDER: City of Meridian, Idaho Meridian, Idaho It is agreed that-the Insurance above described will not be cancelled, reduced or in any other way limited without giving 10 days written notice to the certificate holder named herein. DATED: May 2, 1977 ~~ _ B Y : ~ ~S-~ ~ `t~~Q Sll--~~C~ V ~ l;~r~L~ AUTHORIZED REPRESENTATIVE * The City of Meridian, Idaho, its officers, boards, commissioners, agents & employees are named as additional insured, but only as respects contract with General Communications and Entertainment Co., Inc. TRANSPORT INSURANCE COMPANY - TICO INSURANCE COMPANY -TRANSPORT ENGINEERING SERVICE - TRANSPORT INSURANCE AGENCY Regional Offices: AKRON -ATLANTA -BOSTON -DALLAS -MINNEAPOLIS -MONTREAL -NEWARK - ST. LOUIS -TORONTO - WINSTON-SALEM RANSPORT ROUP DALLAS ~~~_ ~ . .~ .. . •- NAME AND ADDRESS OF AGENCY Financial Guardian Insurance Agency 245 Columbine Street Denver, Colorado 80206 (303) 399-2550 NAME AND ADDRESS OF INSURED United Cable Television Corporation, etal Ge:eer~ Coirsnunications 8 Entertairunent Co. , Inc., 400 Simploy Building, Boise,-Idaho COMPANIES AFFORDING COVERAGES COMPANY A U. S. FIRE INSURANCE COMPANY LETTER COMPANY B RANGER INSURANCE COMPANY LETTER COMPANY LETTER COMPANY D LETTER COMPANY E - LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. COMPANY POLICY LI RIItS Of Llablhty In TIIOUSan dS ~~0~~ LETTER TYPEOFINSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIAB,^ILITY 500 OOO 500 OOO ~ w. ~.. ~ BODILY INJURY , 1 $ A COMPREHENSIVE FORM 540110168 6/30/79 ~OQ 000 ooo SOO PREMISES-OPERATIONS ~ PROPERTY DAMAGE , f $ EXPLOSION AND COLLAPSE - HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED - OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ BROAD FORM PROPERTY ~ COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL IN JURY - 8500,000 AUTOMOBILE LIABILITY BoDILV INJURY 000 X00 (EACH PERSON) , COMPREHENSIVE FORM BODILY INJURY $500,000 OWNED /30/79 ~ (EACH OCCURRENCE) A 130057938 6 HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY '~ RU 450809 6/30/79 BODILY INJURY AND $5'000'0 B UMBRELLA FORM PROPERTY DAMAGE . ^ OTHERTHAN UMBRELLA COMBINED - FORM WORKERS' COMPENSATION sTATUroRv and A 408040735 6/30/79 EMpLOxESS~-LlABIL~TY - _ r $ E~:a „,~; OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES The City of Meridian, Idaho, its officers, boards, conunissioners, agents and employees are named as Additional Insureds, but only as respects contract with the insured. .Cancellation: Should any of the above described policies be cancelled-before the expiration date thereof, the issuing com- pany will endeavor to mail ~_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Meridian Meridian, Idaho DATE ISSUED: REPRESENTATIVE ~. 25 (Ed.2-77) ~~ ~~;;~ J ~ ~ REPUBLIC INSURANCE COMPANY Dallas, Texas MAR 2 6 i97 Policy # MI 6700 No. 106 THIS IS TO CERTIFY THAT: UNITED CABLE TELEVISION CORPORATION a corporation incorporated under the laws a municipal. corporation in the State of Idaho , in the sum Ten Thousand Dollars ($10,000.00) ^------ of lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. Guarantor, are held and firmly bound unto the City of MERIDIAN of the State of Colorado , as principal and the REPUBLIC INSURANCE COMPANY, a corporation organized under the laws of the State of TEXAS, and authorized to transact a general insurance business in the State of Idaho , as THIS Guaranty is executed to comply with the terms of the ordinance dated of City of Meridian , granting a franchise to United Cable Television Corporation to use the public street and places within the City to transmit and distribute electrical impulses through an open line-coaxial antenna system for television receivers located within said City of Meridian United Cable Television Corporation ,hereinafter called "Grantee," by this guaranty guarantees to faithfully perform, well and truly observe and fulfill each term and condition of the franchise granted by the above mentioned ordinance, and in case of any breach of condition of the guaranty, the amount thereof shall be recoverable from the Principal and Guarantor by said City for all damages proximately resulting from the failure of Grantee to well and faithfully observe and perform any provision of said Franchise or any provision of said ordinance. THIS Guaranty is Effective beginning March 1, 1979 and expiring Until Cancelled .This Guaranty may be terminated or cancelled by Guarantor by Thirty (30) days prior notice in writing from Guarantor to Principal and to said City of Meridian, City Clerk, City Hall,, such notice to be given by certified mail. Meridian, Idaho 83642 -- Such termination or cancellation shall not affect any liability incurred or accrued under this Guaranty prior to the effective date of such termination or cancellation. Dated this 1st day of March 19 79 UNITED CABLE TELEVTSION CORPORATION _ ,~ BY REPUBLIC INSURANCE COMPANY -...,._. BY Cravens, Dargan Special Risks P. O. Bo 660 o sto , Te 77001 Ass is Presi t ~ ~ ~ THIS CE THIS CE •~~- FINANCIAL GUARDIAN INS. AGENCY, INC ~-4~--E~?L~A~~B+~-~-~ P . 0 . Box 617 8 D~~w~,:, coLCz~~~,~~ vo2os PNON~: 399-2550 NAME AND ADDRESS OF INSURED United Cable Television Corporation 40 East Denver Tech Center 7995 East Prentice Avenue Englewood, Colorado 80110 COMPANIES AFFORDING COVERAGES ~~~~~ 2 6 197~~' COMPANY e U~ S'.. FIRE INSURANCE COMPANY LETTER !l COMPANY B RP,NGER INSURANCE COMPANY LETTER COMPANY LETTER COMPANY D LETTER COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. P LICY Limits of Liability in Thousand s (000) COMPANY LETTER TYPEOFINSURANCE POLICY NUMBER O EXPIRATION DATE EACH gGGREGATE. OCCURRENCE GENERAL LIABILITY „_ BODII..Y INJIJ RY $ 500 $ 500 i ~ ~ ~ c~•;~t~ ~=;Ee,Er~srrE FeRr,^ ® PREMISES-OPERATIONS 6/30/79 PROPERTY DAMAGE $ 500 $ 500 A ~ EXPLOSION AND COLLAPSE 540110168 , ' HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD ~ CONTRACTUAL INSURANCE L BODILY INJURY AND PROPERTY DAMAGE $ $ ^ I VI BROAD FORM PROPERTY COMBINED ~-A+ DAMAGE C~ INDEPENDENT CONTRACTORS n l PERSONAL INJURY l PERSONAL IN JURY $ 500 ~ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) 500 ~ COMPREHENSIVE FORM 6/30/79 gOU~ $ 500 A OWNED 130057938 ~ ACCIDENT) HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY 6/30/79 BODILY INJURY AND B ~~ UMBRELLA FORM RU 450809 $ 5 o00 $ 5 000 ~ PROPS RTV DAMAGE 7 ~ ~ ~ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION STATUTORY 6/30/79 A and 408040735 ' $100 LIABILITY EMPLOYERS , ~encHncc~ueNT1 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Per Franchise Agreement with the Insured. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail ~.0_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Meridian City Clerk City Hall Meridian, Idaho 83642 DATE AUTHORIZED REPRESENTATIVE ACORD 25 (Ed. 11-77) FIf1Af1CIAL GUARDIAN It15UAAf1CE AGEOCY, inc. P.O. BOX 6178 270 ST. PAUL DENVER, COLORADO 80206 303/399-2550 August 20, 1980 City of Meridian City Clerk City HaZZ . _- _- N.l~idian, _ ..Idaho RE: 83642 Republic Insurance Co. Bond # MI6700 #106 Aetna Casualty & Surety Bond # 19536, 564 Gentlemen: Enclosed is a replacement bond issued, at the request of our client, in 'the Aetna Casualty & Surety Company. Please substitute this neu~ bond for the present one on file and kindly return the earlier bond to our office in the enclosed envelope. Thank you in advance for your cooperation. _ _. _ - -- EneZs Very `"ruZy _°ourS, ohn N. Toner _-_ ,- _ Bond hanager ee: Republic Insurance. Company UNITED CABLE TELEVISION OF TREASURE VALLEY Financial Statements For the Year Ended December 31, 1980 UNITID GABLE TELEVISION OF TREASURE VALLEY Balance Sheet December 31, 1980 ASSETS Accounts receivable, less allowance for doubtful receivables of $23,479 Prepaid expenses Investment in cable television systems: Property, plant and equipment: Distribution system $ 9,823,074 Land 144,057 Buildings 666,194 Vehicles 255,230 _.____-.__.gt-her _~ -- 438,01.2 11,326,567 Less accumulated depreciation (434,720) Net property, plant & equipment 10,891,847 Deferred permit costs, net of amortization of $3,652 259,312 Other 9,838 Total investment in cable television systems Total assets LIABILITIES & DIVISION EQUITY Liabilities: Accounts payable $ 972,953 Subscriber prepayments and deposits 19,604 Accrued liabilities 34,903 Lease payable 159,563 --- -l+iet-es payable to affiliates ~]~~di:~~ -------_ __ .__.. accrued interest of $1,075,785 10,510,085 Total liabilities Division equity Total liabilities and division equity $ 91,285 53,729 11,160,997 $ 11,306,011 $ 11,697,108 (391,097) $ 11.306,011 The accompanying notes to financial statements are an integral part of this balance sheet. UNITED CABLE TELEVISION OF TREASURE VALLEY Income Statement For The Year Ending December 31, 1980 Revenues: Service Other $ 1,629,024 - $ 1,629,024 Operating expense General and administrative expense Total operating and general and administrative expense Operating income before interest, depreciation and amortization Other income (expense): Interest expense Interest capitalized during construction Depreciation and amortization Loss before income taxes Income tax (provision) benefit Net income (loss) 909,231 419,686 1,328,917 300,107 (888,912) 651,785 (416,332) (653,459) (353,352) 3,000 $ (350.352) The accompanying notes to financial statements are an integral part of this statement. i r UNITED CABLE TELEVISION OF TREASURE VALLEY Statement of Changes in Financial Position For The Year Ended December 31, 1980 Sources of Cash: Operations- Net loss (credited to division equity) $ (350,352) Depreciation and amortization not requiring cash 416,332 Total provided by operations 65,980 Borrowings- Notes payable -- _ - - _w.._. ____. __~-_ ,_~___ .. Capital leases Change in receivables, payables, accruals, and other, net Total Sources Uses of Cash: Purchase of property, plant and equipment Repayment of borrowings under capital leases Total Uses Decrease in Cash Z , L4.O.,r4~8_ . __ . _ . _ _.._. _.,._. 62,399 1,464,909 $ 8,733,736 $ 8,689,123 44,733 8,733,856 $ (120) The accompanying notes to financial statements are and integral part of this statement. UNITED CABLE TELEVISION OF TREASURE VALLEY (An Operating Division of United Cable Television Corporation) Notes to Financial Statements, December 31, 1980 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"). Seperate 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. Property, Plant and Equipment In March, 1979, the Accounting Standards Division of the American Institute of Certified Public Accountants issued a Statement of Position entitled "Accounting 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, 1980, totaled $89,548 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 _. __. ._ __ _,..~ur-a~,g each month to fatal aubscr~ibe-~:c-e~a.t iar-pre~e~rity period. Total depreciation for the year was $412,680. 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. Total amortization for the year was $3,652. uHirEO cas~E rE~EVisioN~~, United Cable Television Corp. Denver Technological Center 4700 South Syracuse Parkway Denver, Colorado 80237 (303) 779-5999 January 13, 1989 City of Meridian 728 Meridian Street Meridian, Idaho 83642 RE: Replacement Bond To Whom It May Concern: The attached. bond issued by the Hanover Insurance Company replaces bond or bonds in your possession from us as a principal and previously issued by Aetna Casualty and Surety Company. Also attached is a bond cancellation and release form. Upon acknowledgement and verification that the new bond is accurate, please return to my office the previously issued bond by Aetna. If that bond cannot be located, please have an officer of your company sign, title and date (on your letterhead) the bond cancellation and release form attached. It is extremely important that this release form is transcribed on your own letterhead. If you have not already been informed by Aetna Casualty and Surety Company, you will be receiving in the mail a notice of cancellation on the old bond. Please do not be alarmed, for the new bond has a renewal date which is consistent with the expiration date of the bond being held by Aetna Casualty. Should you_ have_,,anv additional questions, please do not hesitate to call me. Sincerely, .~~d~~ Stacy D. Pocrass Director of Risk Management SDP:bn Enclosure (The following form should be transcribed on your own letterhead.) BOND CANCELLATION AND RELEASE FORM It is hereby acknowledged that the Aetna Casualty and Surety Company's Bond No. is being cancelled and released effective June 1. 1988 This Bond has been replaced by The Hanover Insurance Company Bond No. BLZ1669253 effective June 1, 1988 Obligee Signature Title Date a'~~ ~~J d United Artists Entertainment Company 5619 DTC Parkway Englewood, CO 80111 (303) 843-8600 WI 1 tU/IK 11515~•~ June 11, 1991 City of Meridian 728 Meridian Street Meridian, Idaho 83642 Attn: City Engineer RE: Franchise Bond #K04030588 Replaces Hanover Bond #BLZ1669253 Dear Sir: The attached bond issued by the Insurance Company of North America a CIGNA Company replaces the bond now in your possession from us as principle and previously issued by the Hanover Insurance Company. Also attached is a bond cancellation and release form. Upon acknowledgement and verification that the new bond is accurate, please return the previously issued bond to our office, to my attention. If the previously issued bond cannot be located, please have an officer of your company sign, title and date (on your letterhead), the attached bond cancellation and release form. It is extremely important that this release form is transcribed on your own letterhead. If you have not already been informed by the Hanover Insurance Company, you will be receiving in the mail a notice of cancellation on the old bond. Please do not be alarmed, for the new bond has _a renewal date which is consistent with the expiration date of the bond being held by the Hanover Insurance Company. Should you have any additional questions, please do not hesitate to call me. Sincerely, Barbara Newell Administrative Assistant Attachments ~, '~, ~y/ ~~~~~ ~~ INA INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA PENNSYLVANIA FRANCHISE BOND Bond No.: K04030588 Replaces: BLZ 1669253 Location #: 62004 KNOW ALL MEN BY THESE PRESENTS: That we, United Cable Television Corporation as Principal (hereinafter called "Principal" or "Licensee") and the Insurance Company of North America, a corporation organized under the laws of the State of Pennsylvania, having its principal place of business at 1601 Chestnut St., Philadelphia, Pennsylvania, 19192, and duly authorized to transact business in the State of Idaho as Surety (hereinafter called "Surety") aze held and firmly bound unto City of Meridian, 728 1Vleridian street, Meridian,~'Tdali~°83t~4Z ` as~t7b~igee (t~~einafter called "Obligee" or "Licensor") in the sum of Ten Thousand and no/100 Dollars, ($10,000.00) for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 1st day of June, 1991. WHEREAS, the Principal (or Licensee) has entered into a written agreement with the Obligee (or Licensor) to furnish community antenna television distribution service for delivery via cable to residents of City of Meridian, and adjacent azeas and intends to erect and maintain aerial cables, wires, and associated appliances throughout the area to be served and desires to attach such cables, wires and appliances to poles of Licensor in accordance with terms and conditions contained in said agreement. WHEREAS, the agreement provides that the Principal (or Licensee) shall maintain in full force and effect for the term of said agreement or any renewal thereof a bond in the form of these presents. NOW, THEREFORE, the condition of this obligation is such that if the Principal (or Licensee) shall faithfully perform all of its obligations in accordance with the terms and conditions of said agreement and shall well and truly indemnify and save harmless the Obligee (or Licensor) from any pecuniary loss resulting from the breach of the terms and conditions of said agreement, on the part of said principal (or Licensee) inclad.ina.the-pa3~t ~£~y s~zms ~v::ich may be ome due to the Licensor or its other Licensees for rentals, inspections or for work performed for the benefit of the Licensee under said agreement, and also including the removal of attachments upon termination of said agreement by any of its provisions, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition to any right of recovery hereunder that, in the event of any default by the Principal (or Licensee), a written statement of the particulaz facts reflecting the date and nature of such default shall be immediately given by the Obligee (or Licensor) to the Surety by certified mail at its offices at PO Box C-90026, Bellevue, Washington, 98009. AND PROVIDED FURTHER, that regardless of the number of years this bond shall remain in effect, the liability of the Surety hereunder shall not be cumulative and in no event exceed the amount of the bond set forth above. AND PROVIDED FURTHER, that no action, suit or proceeding shall be brought against the Surety on this bond unless the same is brought within six (6) months following the termination date of this bond. This bond may be terminated by the Surety at any time by certified mail addressed to the l.,r T ;nnr~onr> otor;n(r ~:,han not nrinr to thirty !x(11 ~avc tF1PTPaftAr cnnh nntir.P shall ~: ~.~ ~~~ ,.~J i - '~~ ~.: ,~,,. ,. ~ ._ i~ . Jr wf~€~ OF ` Irf~wfarlce Company of North America ? 'I Q C] O p zA~QR~EY d IGNA company J 1 V J O (a ~4~to~w: a1f f1181~°.~13%~~~'1Q38 E?!'@S~[lf'$~ That INSURANCE COMPgNY Q~ NQRTH AMERICIA, a corporatioriof ti4e C9rnmonwea~lth _, ofPeti~sylvania. hQYing-~~p~isicip~f,oflice irr the C~~ity of Philadelphia, Pennsylvania, pur~nant to the following Re'solution', taftiich'was adapted by fhe - Board;vf f)kectors of the sa+d Company on .December S, 1983, to wit: ,: "RESOtVfiD,.That gr,rsuant do Artitfes 3.t&end 5.1 Of~the By-laws, thg tollowmB Rulea ehefl govern the executrOh far 6hg Corhpagy of fwrida, undertekingsy recognizsAGes,con)recfs end other wrilYgBMh Me nature Ihereol: (t} _ Thet ttu3 President, any 3eri:pr Vice PrearQent. "arty ViD:6~Pt9sJtleM anyAssiytaMVice;Prggitlent, w arty'~Itorriey-in•Fecr maye%ecut9 tpF and on beheH of the Compatiy any and all bends, . underlekrnps, recognr$dnygs,:Gbntreds and plhpi.wJrti6~$ in the netWe 1tIH eoY; the.5ame Io beet(estgtl when; nplwi>sery 4Y the Corpgra to Secretary. or g'ny Assistapl-GWparslg $8G®l ery,6ntl the - seal of Iha CapPany 8lBxed Itifarel0, end IhAt tnAPrbarEfanti"Any SAmoCV{pa Pr~ardOOt, anq Vice4rgaidenf tlf~BrfY k9sistant VrCe Piegident m$y nppornt aril euthorit0 any. other: C}11iCgr (Alecletl.or " appomled) of the Company. 8rid Attorneys-m FecdfaBa 6+5gCY1® prAttest 10 the ertgeutron al etl Sash vJtrtNiQ9 00'behell of the Cwnpeny and to aN xthe seal of Itre GOmpehy thereto :". (2} Any such writinp exgOUtetl~h78000rdence wdh tne98 RWes shell ha a9 binWnB upon Me Gompeny many case asahough si9nedby the President entl atteslAtl to byMe Corporele' 6eclelery,- (3)' The eiQdeture ut Me PreeiQenf. ore $gmor Vrce?tea dent. 018 VrcePdQeitlgnl, or arc ASSi5lantV~ce Preaidervt and me seal of fhe Company maybe afOxe4.Dyaatsimile pn any power of attorhey prgMed pwaLLani to""this AsgWufi6n; p1W Ina aiflrteture p1 a F-grtttyrng Officer end fhe aeal of Jha Compsny may tre sg•xed by facsimile to arty certilicete Oea Ay sucA power, And any eueti power or ' -certiticefebearin9sUdn la Cerml}$;aigneture andseal Snell DeYSl derl~~bind,ing.on 1heComperry_ .' - _ (4) ~ Such other Officers ot)ng Company,:end :kttornegs.imFect sn6G havg: authOOty]d egrlHy or varrty:d6Pres W Mrs: A.6solvtion, the ey I-awA of Me Company, end. any alGdavit Or r6cord of the Company necessary to the dieoherpe of ItlerrAutiea (5) ~ Trie passege~Dl This Reeohnrdn przea:DOt revolve sny earner is µthohty'prsMetl•Dy Resolut ons OP the Board o1-: brrectdrs edoRl ed onjune 9, ,1963, May 29;'t9X6•ar+d -MArch 2,3, 1977" does heieby nominate, constitute an:d appoint 3E?HN Gil. SCHI~&'ER, I?E$RA T.. POPP, 'and SHAR(}N PFFiF~~R; a13~ of the .City' of Portland; State ,of. Qregt?n----------- ~: „~". , Q n~ • -----~---------~---------------------------------~------- , each iitdividtielly If there. be more thary one "C3 ul ,~ ~ `married, it$ true and iawtut attorney-in;fBC,t,.to make, exeeute, seal arrd deitver pn its behatf; and es its act and de9d arty snd.a4bonds, ~ ~ ~ wodertakings,'rec©gnizanceS. GoatraGtB and~othgr writitv~s~•ir> the rt~3ure thereat in-penatjiesnot~ex'caeding T4~Q-NII~rL~Qt3----- i 'fl [C} -- --_-_-_-~ ----__-- -- _~-_~._;~~;---.*- >---DOLiARS($-°~~~Q~Q~~40~. )each; a~dtfie•execution of " ~ ~ such writings in pursuance of these presents; shall be as`tsinding upon said Comp,:any,; as fatly and amplyi as if they had been ifuly executed Y ~ ~ end BGknowledged by .the regularly erected officers of the Coirrpany at ifs p-incipal office. v ~ ~ m U 3 ~. , f+°+ p ~ IN WIT+VESS WH~F~EOF, the,. said R: E. Givean Vice-:President, has hereunto subscribed his name .arid s ~ ~~ affixed tree Cprparate seal of=the seici tNSCIAAf~CE CAI~ANX C3F,,NE~R~'NI A1J~RlCA this ~ 17th ~ ~ ~ ~ .~• ~~~ dsy of J8t><}~ar~ 79 ~1 . •~ ~ ~ ,.IMS~iRAt~E°COMPANI~ OF ,fVOF~'#H~AMEEA ~ ~ ~ w ~ O Q. ~ by o C3 ~' COtt~tvtOiJWEALTH Of PENNSYLVANIA R E. otv~Arts, Vice President tts ... ss, i ~ `' COUNT1f O>`~PHrIrADELPMlA ~ ~ on-fhts 17th aay of .~attiuarg , A.o. ,s 91~ ,before me, a Notary Public of N ~ the Commonwearth"af Pennsylvania in ar(i fnr the County of Pftiladetpjfia came R. E. Giveans, Vtce-PresidBnt of the fN&fJRt0.NCE' ~.. COMPANY OF NOKTH AMERfCA Io me p@~spn8~}y kgown to be the nci'ivi~u~t at~d ofti~er who executed the preceding instrument, and he acknowiedged that ht? executed the same, 8rtd tha4 the .seal affixed to the preceding instrument is the corporate seal of •s6id Eornpany; -' ~.. ~ .that the aitf,Carposafe seal and his Signaivre were duly aECrxed by ilte auttaority and;¢Irection of the_safd corporation, and that Resofutibn, ' `'-a~op~ed;by aril of Rirectors Gf satd Company, referred to In the preceding instrument is now in force. __ ,. ,~ ~ ... .., ;, r..-,.~, .-.h.,-..,-. ,~ - ..-, ~ Jar... _..., .~ U ~~~~ ~ ~ ~ WHEREOF, 1 hale hereunto set my hand and afhxedmy of iclal seal at the City of Phi~tadelphie 3h2 day`and year j ~ firs~~ citterL.,~ ~~~,.~ ~" '~ ~ .t~~ `~L ~ ;:.tkJUAAI~Na ~iONAM1IA, Notary.P --- G ~~ ~ ~~i,+lodelohra; Phitadelphfa NoEary Publlc -_ _ Of ~ ~ ~;.~pmrnt~c~ro~ ~~xptres Aw . 'f994 - ,p ~~ ~~ , ' I,;the'~11~~d~r,~l9 ~p;~Qcta4ar~~~o~tN~l16jA1VCE;CQMRANY-OF NORTH_AIVfER[CA, d~-herd. eerti~jrthat~he origtna,l PQWERQF RTTQRNEY, of which fhe (oreggi5~,~y'~A~~~ correct ~copy,is in full force and attest. ._ /; i ~~ . ~ - ~ . In witness w~~~~tj have ~hl1eteunto; subscribed myname as~S2Gretary,, and afjf~@~ ttre •corporate Seaa, of the Corporation, this .'\ .h'~~ day of ~ 19~~ \ - y/" ~,v_. • THtS POWER 4P>44T7'F~Rt1EY MAY ,t}fr}7:BE• tJSEp TC~~~t~TE ,0.N,Y atl~iQ ~~1J~' tlstCEi2~tpf~~DAT~ AF~fFt ~t~tie~ ~, :'1993 -----,-----~---s -------~-- ~. ~ ~ ~ i.^°'v~~ ~~ ~, ~ , H8.33363a ~PId. IQ U.~~A J v' ~~ ~ ~'' ~/ ~ /~ ~`~ ~ ~` ~i ~ ;; /~ ~~ ~ , BOND CANCELLATION AND RELEASE FORM It is hereby acknowledged Band No. effective that the Hanover Insurance Company's is being cancelled and released Obligee Signatu Title Date