1. technology and computing
2. software

NORTH METRO TELECOMMUNICATIONS COMMISSION MEETING
December 17, 20 14
6:00p.m.
SPRING LAKE PARK CITY OFFICES
13018151 Avenue NE
Spring Lake Park, Minnesota
AGENDA
I.
CALL TO ORDER/ROLL CALL
2.
CONSENT AGENDA pp.l-19
2.1. Approval of the minutes of the regular meeting, September 17, 2014
2.2. Approval of the September, October, and November financial reports and bill list
3.
CITIZENS TO BE HEARD
4.
NORTH METRO TV REPORT pp. 20-25
4.1. Monthly update
5.
REPORT OF EXECUTIVE COMMITTEE p. 26
6.
REPORT OF OPERATIONS COMMITTEE p. 27
7.
REPORT OF LEGAL COUNSEL
7.1. Franchise Settlement and Transfer Agreements pp.28-46
8.
REPORT OF COMCAST
8.1. Monthly Repott
9.
NEW BUSINESS
10.
OLD BUSINESS
11.
REPORT OF DIRECTORS
12.
COMMUNICATIONS pp. 47-54
13.
ADJOURN
NORTH METRO TELECOMMUNICATIONS COMMISSION
UNAPPROVED MINUTES
Commission Meeting- September 17, 2014
CALL TO ORDER
Chair D. Swanson called the regular meeting of the North Metro Telecommunications
Commission to order at 6:03 p.m. at the Spring Lake Park city offices.
ROLL CALL
Directors Present:
Dick Swanson; Blaine, Matt Percy; Circle Pines, Steve King;
Centerville, Carin Payment; Lexington, Dale Stoesz; Lino Lakes,
AI Parranto; Ham Lake
Absent:
Jeanne Mason; Spring Lake Park
Others Present:
Heidi Arnson; Executive Director, Mike Bradley; Legal Counsel
Comcast Rep:
CONSENT AGENDA
•
Minutes, Bill List, Financial Reports
The August 20, 2014 minutes, and August bill list and financial reports were approved as
presented. Motion for approval made by M. Percy. Second, D. Stoesz. Motion
passed.
CITIZENS TO BE HEARD
None present.
REPORT OF NORTH METRO TV
H. Arnson reviewed the North Metro TV report as presented in the packet. A summary was
also given of activities for the months of August and September. Topics included:
•
NMTV's instructor, Eric Houston, is now teaching some video production classes on location. He just finished a two-day series at the Primrose School and is now fearing
up for a weekly class at Blaine High School. Several NMTV staff members have been
helping Blaine High School Assistant Principal Amber Schultz set up a studio and
control room at the school. Assistant Principal Schultz said, "I speak for all of us
when I extend a tremendous than you for your support. It was more than we ever
expected. Such care and support just seems rare these days and we were
overwhelmed with your encouragement and commitment to continue helping us."
P. 1
Commission Minutes
September 17, 2014
Page 2
•
The new North Metro TV website is in development. Upgrades will include social
media integration, media bookmarking, a viewer submission tool, e-commerce,
mobile responsiveness, a homepage slideshow, and Google analytics. The project is
expected to take 60 to 90 days.
•
The NMTV documentary "Aviation Storytellers: The Liberators," produced by Damian
Kussian, has been nominated for an Upper Midwest Emmy Award.
REPORT OF EXECUTIVE COMMITTEE/OPERATONS COMMITTEE
M. Percy reported on the following items:
•
The regularly scheduled October Executive Committee meeting and Operations
Committee meeting will be postponed for one week, due to the NATOA Conference.
•
A joint meeting, of the Cable Commission and Operations Committee, regarding any
recommendation for action and resolution concerning the transfer of the Comcast
franchise to GreatLand Connections, Inc. should be organized. It was thought that
Wednesday November 5th would be a good date.
•
The Commission inquired as to when the last salary review was performed for the
NMTV staff. It was recommended that the Operations Committee discuss the
matter.
REPORT OF LEGAL COUNSEL
M. Bradley reported on the following items:
•
A letter was sent to Comcast stating that it was doubtful that the Commission would
be able to recommend approval of the franchise transfer with the current level of
information that had been provided regarding the new company. Comcast agreed to
provide more data by the end of September and extended the deadline for acting on
the transfer to December 15th, 2014.
•
Legal Counsel has been talking with Comcast regarding resolution of several
outstanding franchise compliance issues that could impact approval of a transfer.
They include the reduction of PEG capacity, possible underpayment of franchise fees,
and compliance with the Commission's rate order. Talks are progressing.
•
S. King inquired as to Centurylinks newly announced 1 gig broadband service. M.
Bradley stated that it was possible Centurylink would eventually want to provide
cable service in the area and it would be a good idea to update the current model
franchise for competitive entrants.
P. 2
Commission's Commission Minutes
September 17, 2014
Page 3
REPORT OF COMCAST
There was no report of Comcast.
NEW BUSINESS
No new business was presented.
OLD BUSINESS
No old business was presented.
REPORT OF DIRECTORS
No reports were presented.
ADJOURN
The meeting was adjourned at 6:23p.m. The motion to adjourn was made by A.
Parranto. Second, c. Payment. Motion approved.
The next meeting of the NMTC will be held on Wednesday, October 15, 2014 at 6:00
p.m. at the city offices of Spring Lake Park.
Jeanne Mason; Secretary, NMTC
P. 3
NORTH METRO TELECOMMUNICATION AND MEDIA CENTER BILL LIST
SEPTEMBER 2014
Date
Check#
Payee
9/3/14
12428
9/3/14
9/3/14
9/3/14
9/3/14
9/3/14
12.429
12430
12431
12432
12433
Held! J.Arnson
Benjamin K. Hay!e
Eric R. Houston
9/3/14
12434
9/3/14
9/3/14
9/3/14
9/3/14
12435
12436
12437
12438
9/3/14
9/17/14
9/17/14
12439
12440
12441
9/17/14
9/17/14
9/17/14
12442
12443
12444
9/17/14
9/17/14
9/17/14
12445
12446
12447
9/17/14
9/17/14
12448
12449
9/17/14
9/17/14
12450
12451
9/30/14
9/30/14
9/30/14
6349
6350
6351
9/30/14
9/30/14
6352
6353
9/30/14
9/30/14
6354
6355
Amount
Production
1,787.34
1,232.22
1,186.93
1,495,44
Kenton R. K!pp
Richard H. Kocinski
Dam!anA.Kussran
Morgan E. Lavendowska
Danlka L. Peterson
Michele J. Silvester
Terry l. Tronson
Rozella D. Valez
Matthew R. Waldron
Held! J. Arnson
Benjamin K. Hay!e
Ertc R. Houston
Kenton R. Klpp
Richard H. Kocinski
Damian A. Kusslan
Morgan E. Lavendowska
Danlka L. Peterson
Michele J. Silvester
Teny J. Tronson
Rozella D. Va!ez
Matthew R. Waldron
Bruce C. Peck
Michael L. Bouchard
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
187.00
387.87
Robert H. Clark
Aaron J. Headrick
Taylor 5. Olson
Ashley A. Janssen
288.59
352.18
346.31
282.82
9/30/14
6356
Bobble T. Ers!and
Michael R. Burlingame SR
293.47
132.76
9/30/14
9/30/14
6357
6358
Blake E. Johnson
Devry G. Foss
196.24
352.18
9/30/14
9/30/14
6359
6360
9/30/14
9/30/14
6361
6362
9/30/14
9/30/14
6363
6364
9/30/14
9/30/14
6355
6366
9/30/14
6367
Ren Souvannasoth
Daniel H. Wasserman
Alexandra D. 1'-lil!er
Jared Boyer
Joseph w. Cox
Jeffrey R. Dinsmore
Matthew G. Bishop
Megan M. Nlpe
Amber S. Johnson
83.11
190.48
41.56
313.68
334.76
265.50
387.87
387.87
378.63
73.88
55.41
182.78
22.38
58.29
374.94
433.75
9/30/14
6368
9/30/14
9/30/14
6369
6370
Taylor M. Warnes
Arlana A. Nyman
Wlt!lamMoses
9/3/14
9/3/14
12319
12320
CenterPoint Enerqy
VERIZON WIRELESS
9/3/14
9/3/14
9/3/14
9/3/14
12321
12322
12323
12324
JRM Outdoor Services
Richard D. larson
9/3/14
9/3/14
12325
9/3/14
9/3/14
9/3/14
12327
12328
12329
9/3/14
9/3/14
12330
12331
9/3/14
9/3/14
9/3/14
12332
12333
12334
9/3/14
9/17/14
12335
12336
9/17/14
9/17/14
9/17/14
9/17/14
12337
12338
12339
12340
9/17/14
9/17/14
9/24/14
9/24/14
9/24/14
9/24/14
12341
12342
12343
12344
12345
12346
9/24/14
9/29/14
9/29/14
9/29/14
9/17/14
12347
12348
12349
12350
AUGUST SALES TAX
9/1/14
EFILE
9/3/14
9/3/14
9/3/14
9/3/14
9/3/14
9/8/14
9/17/14
9/17/14
9/17/14
9/17/14
9/30/14
9/30/14
9/28/14
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
EFILE
PEACH
12326
Rick Larson
Bradley HaQen &. GuHlkson. lLC
Siemens Industry, Inc
Aeet One llC
Assurant EmPloyee Benefits
Blzzvweb. LLC
Damian Kusslan
Olscoverv Benefits
Eric Houston
LeaQue of MN Cities
Brian K. Carlson
Alpha VIdeo & Audio, Inc
u.s. Bank Card Service
POPP TELECOM
Corporate Mechanical
City of Blalne-util!t!es
Sam's Club
Walters RecvcllnQ and Refuse Inc.
Connexus Enernv
HealthPartners
Commercial Steam Team
Asphalt Contractors, Inc
CenterPoint Enerqy
Corporate Mechanical
Aloha VIdeo & Audio, Inc
Kelly Huang
Richard Kocinski
VERJZON WIRELESS
59.88
1,567.50
603.00
383.08
767,35
30,094.81
200.00
22.50
44.19
114.00
250.00
14,810.05
2.641.00
1.727.57
4,039.42
239.87
204.40
114.45
1,779.40
7,954.04
437.23
2,956.11
29.47
735.95
569.93
500.00
67.54
58.08
237.00
20.28
5,574.37
3,031.43
950.58
5,316.95
840.00
802.58
5,574.37
3,031.43
950.58
840.00
1,018.98
44.87
58.40
MN Dept. of Revenue
Virtual Merchant Credit Card
tRS/US BANK
Publlc Employees Retirement
MN Dept. of Revenue
Chase Visa card Services
Discovery Benefits
Discover Credit Card
IRS/US BANK
Publlc Employees Retirement
MN Dept. of Revenue
Discovery Benefits
IRS/US BANK
MN Dept. of Revenue
Peachtree/Sage Software
137,225.48
B!LLL!STZ014
SEPTEMBER BILL LIST
P. 4
Administration
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
187.00
387.87
288.59
352.18
346.31
282.82
293.47
132.76
196.24
352.18
83.11
190.48
41.56
313.68
334.76
265.50
387.87
387,87
378.63
73.88
55.41
182.78
11.19
29.14
187.47
216.87
29.94
301.50
383.08
642.30
15,094.81
200.00
11.25
57.00
250.00
14,810.05
2.339.80
863.78
2.019.71
119.93
189.52
57.22
889.70
6,634.90
218,61
1,478.05
14.73
367.97 .
569.93
500.00
67.54
29.04
237.00
10.14
4,732.26
2,661.64
802.48
5,179.64
840.00
802.58
4,178.40
2,354,60
700.15
740.00
1,018.98
44.87
29.20
102,902.57
11.19
29.15
187.47
216.88
29.94
1,567.50
301.50
125.05
15,000.00
11.25
44.19
57.00
301.20
863.79
2,019.71
119.94
14.88
57.23
889.70
1,319.14
218.62
1.478.06
14.74
367.98
29.04
10.14
842.11
369.79
148.10
137.31
1,395.97
676.83
250.43
100.00
29.20
34,322.91
Page: 1
NORTH METRO TELECOMMUNICATION AND MEDIA CENTER BILL LIST
OCTOBER 2014
Date
10/1/14
10/1/14
10/1/14
10/1/14
10/1/14
Chedc •
12-452
12453
12454
12455
12456
10/1/14
10/1/14
10/1/14
11457
12458
12459
10/1/14
12460
10/1/14
12461
10/1/14
10/1/14
10/15/14
10/15/14
11462
12463
12464
12465
10/15/14
10/15/14
12466
12467
10/15/14
10/15/14
10/15/14
10/15/14
10/15/14
10/15/14
10/15/14
10/15/l-4
11468
12469
12470
12471
12472
12473
12474
12475
10/22/14 6371
10/H/1-4 12476
10/29/14 12477
10/29/14 12478
10/29/14 12479
10/29/14 12•190
10/29/14 12481
10/29/14 12482
10/29/14
10!29/14
10/29/14
10/29/14
10/29/14
124!3
124S4
12485
12486
12487
10/31/14
10/31/14
10/31/14
10/31/14
10/31/14
6372
6373
6374
6375
6376
10/31/14 6377
10/31/14 6378
10/31/14 6379
10/31/14 6380
10/31/14 6381
10/31/1-4 6382
10/31/14 6383
10/31/14 6384
10/31/14 6385
10/31/14 6386
10/31/14 6387
10/31/14 6388
10/31/14 6389
10/31/14 6390
10/31/14 6391
10/31/14 6392
10/31/14 6393
10/31/14 6394
10/7/14 12351
10/7/14 12352
10/7/14 12353
10/7/14 12354
10/7/14 12355
10/7/14 12356
10/7/14 12357
10/7/14 12358
10/7/14 12.359
10/7/14 12360
10/7/14 12351
10/7/14 12352
10/13/14 12353
10/ll/14 12364
10/13/14 12365
10/13/14 12366
10/13/14 12367
10/13/14 12368
10/13/14 12369
10/13/14 12370
10/13/14 12371
10/13/14 12372
10/13/14 12373
10/13/1412374
10/21/14 12375
10/21/14 12376
10/21/14 12377
10/21/14 12378
10/1/14 EFilE
10/1/14 EALE
10/1/14 EFILE
10/1/14 EALE
10/l/14 EFlLE
10/11/14 EFilE
10/15/14 EFILE
10/15/14 EFILE
10/15/14 EFILE
10/15/14 EFILE
10/29/14 EFILE
10/2'9/14 EFilE
10/29/14 EFILE
10/Z!f/14 EFILE
10/31/14 EFilE
10/31/14 EALE
10/29/14 PEACH
10/5/14
Amount
Payee
Held! J.Atnson
Benjimln K. Hayle
ErleR. Houston
KentonR. Klpp
Rldnrd H. Kocinski
Damian A. Kunfan
HorganE.lavendowsb
OanlkaLPeterson
Hlche/el.Silvester
Terry). Tronson
Rozenao.vala
HiltlhewR.Waldron
He!d!J.Arnson
81!.njam!nK. Hayle
ErleR. Houston
Kenton R. Klpp
Rlchud H. Kocinski
Oam!Jn A. Kuulin
Horg:nE.lavl!.ndowsb
OanlhLPeterson
Hlchelel. Sl/vester
TerryJ.Tronson
Roze!laO.Vala
HatthewR.Wotldron
JeffreyR. Dinsmore
Held!J.Arnson
Benjam!nK. Hay!e
EricR. Houston
Kenton R. Kipp
R!chnd H. Kocinski
Damian A. Kusslan
HorgJnE.lavl!.ndowsb
Produdlon
1,787.34
1,232.22
1,155.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
1,787.34
1,232.22
1,156.93
1,495.44
1,575.51
1,268.85
343.51
1,352.44
1,242.90
1,319.12
1,542.40
1,137.12
138.52
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,242.90
1,319.12
1,542.40
1,137.72
196.24
60.03
120.05
101.58
110.82
378.63
339.3S
Oanika l. Peterson
HlchtleJ.Sllvuter
TerryJ.Tronson
Rote!laD,Valu
Matthew R. Wddron
leffreyR.D!nsmore
TaylorH.Warnu
WilliamC.Hosu
Arlana A. Hyman
Olga H.ltzhepekova
AmberS. Johnson
Bruce C. Peck
HlchuiL Bouch~rd
Robert H. Clark
AJronJ.Hudtick
T~ylorS. Olson
AshleyA.Jansselt
BobbieT. Ersland
Michael R. Burlingame SR
B!akeE.lohuon
DevryG. Foss
Dllnie!H.Wasserman
Alex<~ndra D. Hiller
)lred8oyl!.r
]osephW. Cox
CneyP.Johnson
Matthew G. Bishop
Hegu H. H!pe
D!scovervBenefits
AssurantEm~loveeBtnefits
AlpllaV!dto&.Audlo.Int
FleetOneLLC
AT&T Wireless
Brad/tv Hae~en & Gu!l!kson. LlC
RlchudD. Urson
JRHOutdoorSetvlces
U.S. Bank Card Service
Neutronlnddslrles
Heallh?artners
RozellaD.Va!u
ReqlonSM
Rlchud R.Swanson
Oale5toesz
Jeanne H. Hotson
Steve Kine~
AJParranto
CatinPavment
ConnexusEnerav
HetroSa[es.Ine.
POPP TELECOM
ElectronleCenter
Wa!tersRecvc!fnaandRefusetne.
Realon5M
North Suburbu Accus Cotl)ortatlon
C!tvofB!alne-utllitiu
AlpbV!dto&.Aud!o,Inc
IRS/US BANK
Public Employees Retirement
HN Dept. of Revenue
Vlrtua!HerchantCreditCard
Discovery Benefits
Chue Vln Cud Strvlces
IRS/US BANK
PubllcEmploytesRet!rement
HN Dept. of Revenue
Discovery Benefits
IRS/US BANK
Pub!lcEmp!oyeesRdlrement
HN Dept. of Revenue
Discovery Benefits
IRS/US BANK
HN Dept. of Revenue
Peachtree/Silge5oftwilte
SEPTEMBER SALES TAX HH Dept. of Re•1enue
387.87
387.87
352.18
259.73
69.26
240.53
92.35
161.61
352.18
286.73
101.58
232.83
202.02
92.35
387.87
352.08
22.50
767.35
196.42
233.45
604.51
1,757.50
300.00
374.94
297.69
348.16
8,262.81
258.83
400.00
135.00
135.00
135.00
135.00
135.00
135.00
1.707.21
693.46
865.92
25.63
114.04
4CHI.OO
834.00
112.69
867.78
5,574.37
3,031.43
950.S8
10.59
840.00
2,191.70
5,634.97
3,031.43
961.28
640.00
5,634.97
3,031.43
961.28
640.00
992.97
41.60
77.60
314.00
105,092.38
B!I..LLIST20t4
OCTOBER BILL LIST
P. 5
Adminlstr.atlon
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,098.90
1,319.12
1,542.40
1,137.72
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,242.90
1,319.12
1,542.40
1,137.72
138.52
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,352.44
1,242.90
1,319.12
1,542.40
1,137.12
196.24
60.03
120.05
101.5!
110.!2
378.63
339.38
387.87
387.87
352.18
259.73
69.26
240.53
92.35
161.61
352.18
286.73
101.58
232.83
202.02
92.35
387.87
352.08
11.25
642.30
186.42
233.45
302.25
150.00
187.47
8o.60
174.08
6.943.66
53.35
400.00
853,60
346.73
432.96
25.63
57.02
400.00
1134.00
56.34
867.78
4,732.26
2,661.64
802.48
5.29
840.00
1,730.79
4,239.00
2,354.60
710.85
540.00
4,792.86
2,661.64
813.18
640.00
992.97
41.60
38.80
314.00
85.572.52
11.25
125.05
302.26
1.757.50
150.00
187.47
217.09
174.08
1.319.15
205.48
135.00
135.00
135.00
135.00
135.00
135.00
853.61
346.73
432.96
57.02
56.35
842.11
369.79
148.10
5.30
460.91
1,395.97
676.83
250.43
100.00
1142.11
369.79
148.10
38.80
19,519.85
Page: 1
NORTH METRO TELECOMMUNICATION AND MEDIA CENTER BILL LIST
NOVEMBER 2014
. Date
Check#
Amount
Payee
Production
Heidi l. Arnson
1,787.34
11/12/14 12489
11/12/14 12490
Benjamin K. Hay!e
1,232.22
1,186.93
1.232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
1,495.44
1,575.51
1,268.86
Eric R. Houston
Kenton R. Klpp
11/12/14 12491
11/12/14 12492
11/12/14 12493
Richard H. Kodnski
11/12/14 12494
Morgan E. Lavendowska
11/12/14 12495
11/12/14 12496
Danlka L. Peterson
11/12/14 12497
Terry]. Tronson
11/12/14 12498
Rozella D. Valez
Damian A. Kusslan
1,352.44
1,242.90
1,319.12
Michele J. Silvester
11/12/14 12499
Matthew R. Waldron
11/26/14 12500
Heldll. Arnson
11/26/14 12501
Benjamin K. Hayle
11/25/14 12502
Eric R. Houston
11/25/14 12503
Kenton R. Klpp
11/26/14 12504
11/26/14 12505
11/26/14 12506
Richard H. Kocinski
11/26/14 12507
Danlka L. Peterson
1,542.40
1,137,72
1,787.34
1,232.22
1,186.93
1,495.44
1,575.51
1,268.86
343.51
Damian A. Kusslan
Morgan E. Lavendowska
11/26/14 12508
Michele J. Silvester
11/26/14 12509
11/26/14 12510
Terry J. Tronson
11/26/14 12511
11/30/14 6395
Matthew R. Waldron
1,352.44
1,242.90
Rozella D. Valez
Michael L. Bouchard
11/30/14 6396
Robert H. Clark
11/30/14 6397
Aaron J. Headrick
11/30/14 6398
11/30/14 6399
Taylor S. Olson
Ashley A. Janssen
11/30/14 6400
11/30/14 6401
Blake E. Johnson
11/30/14 6402
11/30/14 6403
Daniel H. Wasserman
11/30/14 6404
11/30/14 6405
Jared Boyer
11/30/14 6406
Jeffrey R. Dinsmore
11/30/14 6407
11/30/14 6408
Megan M. Nlpe
57.71
46.17
Ashley J. Haynes
212.40
11/30/14 6413
11/5/14 12379
TaylorM.Warnes
207.79
92.35
543.45
400.00
Fleet One LLC
11/5/14
12380
Realon SM
11/5/14
12381
VERIZON WIRELESS
58.08
392.63
Richard D. Larson
11/5/14
12382
11/5/14
12383
Rick larson
11/5/14
11/5/14
12384
12385
Assurant Emp!ovee Benefits
11/5/14
11/5/14
12386
12387
Alpha VIdeo & Audio, Inc
11/5/14
11/5/14
12388
12389
JRM Outdoor Services
11/5/14
11/5/14
11/5/14
12390
12391
12392
8.51
767,35
65.63
619.20
CenterPoint Enerav
Metro North Chamber of Comm.
AT&T Wireless
Relfable Office Suppl!e.s
120.41
U.S. Bank card Service
1.,268.72
33.34
11/5/14 12393
11/17/14 12394
Bentamln Havle
11/17/14 12395
11/17/14 12396
11/17/14 12397
Walters Recvcl!nQ and Refuse Inc.
11/17/14 12398
11/17/14 12399
Sam's Club
11/17/14 12400
11/17/14 12401
11/17/14 12402
11/17/14
11/18/14
11/18/14
11/18/14
11/18/14
11/19/14
12403
12404
12405
12406
12407
12408
11/19/14 12409
11/1/14 EFILE
11/9/14 EFILE
11/12/14
11/12/14
11/12/14
11/12/14
11/15/14
11/24/14
11/25/14
11/26/14
POPP TELECOM
Connexus Enerav
860.93
113.78
1,113.44
125.88
120.91
floyd SectJritv /SRSI
Kenton I<Jpp
133.55
1,910.00
102.38
8,262.81
156,51
Heidi Arnson
102.64
Discovery Benefits
Macy Kludt
22.50
500.00
120.00
Radio Shack
Nat. Assn Officers & Advisors
Clty ofB!alne·uti!ltles
Health?artners
Joe Moore
500.00
176,004.69
35.01
Amelia Silbert
Bremer Bank, N.A.
VIrtual Merchant Credit card
563.08
5,634.97
3,031.43
961.28
Discover Credit Card
EFILE
IRS/US BANK
EALE
Publlc Employees Retirement
EFlLE
MN Dept. of Revenue
EALE
Discovery Benefits
EFlLE
Chase Visa Card Services
EFlLE
Discover Credit Card
EFllE
Discovery Benefits
EFILE
IRS/US BANK
11/26/14 EALE
11/26/14 EALE
11/26/14 EALE
415.00
474.94
396.62
86.69
DamlanKusslan
640.00
2,041.07
584.81
22.50
5,634.97
3,031.43
961.28
Publlc Employees Retirement
HN Dept. of Revenue
11/30/14 EALE
11/30/14 EFILE
JRS/US BANK
,.1N Dept. of Revenue
640.00
618.85
27.15
11/18/14 OCTOBER SALES TAX
MN Dept. of Revenue
Peachtree/Sage Software
166.00
48.40
11/26/14 PEACH
Discovery Benefits
254,762.15
81LLUST2Q14
NOVEMBER BILL LIST
P. 6
1,542.40
57.71
46.17
Trevor W. Scholl
Olga M. lezhe.pekova
343.51
1,352.44
1,242.90
132.76
352.18
11/30/14 6411
11/30/14 6412
s. Johnson
1,575.51
1.268.86
352.18
98.12
Matthew G. Bishop
Amber
1.186.93
1,495.44
1,137.72
213.56
57.71
387.87
341.69
11/30/14 6409
11/30/14 6410
1,787,34
1,232.22
1,137.72
213.56
132.76
230.87
155.84
Joseph W. Cox
1,319.12
1.542.40
1,137.72
1,319.12
332.93
36.94
Brian G. Wasserman
343.51
1,352.44
1,242.90
1,319.12
1,542.40
57.71
110.82
225.13
Oevry G. Foss
Administration
1,787,34
11/12/14 12488
57.71
110.82
225.13
332.93
36.94
230.87
155.84
98.12
57.71
387.87
341.69
212.40
207.79
92.35
543.45
400.00
58.08
196.31
4.25
196.32
4.26
642.30
32.81
619.20
125.05
32.82
415.00
237.47
198.31
86.69
60.20
1,010.51
430.46
56.89
556.72
62.94
60.45
133,55
51.19
6,943.66
237.47
198.31
60.21
258.21
33.34
430.47
56.89
556.72
62.94
60.46
1,910.00
51.19
1,319.15
50.85
105.66
102.64
11.25
500.00
120.00
500.00
11.25
17.50
465.39
4,239.00
2,354.60
710.85
540.00
1,890.56
584.81
11.25
4,792.86
2,661.64
813.18
640,00
618.85
176,004.69
17.51
97.69
1,395.97
676.83
250,43
100.00
150.51
11.25
842.11
369.79
148.10
27.15
166.00
24.20
24.20
63,327.63
191,434.52
P~~ge:1
North Metro Telecommunications Comm
Combined Balance Sheet
November 30, 2014
ASSETS
Current Assets
Cash - Checking Account
Cash - Savings (Media Ctr)
Cash - Savings (Commission)
Petty Cash
A/R - Media Center
Due from (to) Commision
Due from (to) Media Center
Prepaid Insurance - Media Ctr
Prepaid Insurance - NMTC
$
1,640,653.97
249,755.48
367,219.78
150.00
180,447.68
(912,495.24)
912,495.24
11,511.01
4,115.17
Total Current Assets
2,453,853.09
Property and Equipment
Studio Equipment - Media Ctr
Office Equipment - NMTC
Accum Depree - Media Ctr
Accum Depree - NMTC
Accumulated Amortization
Bond Setup Fee
Bond Setup Fee 2012
Building-Polk/125
Land-Polk/125
1,428,730.70
244,291.77
(1,481,147.10)
(580,991.94)
(59,242.59)
92,700.15
15,000.00
1,503,204.17
225,700.00
Total Property and Equipment
1,388,245.16
Total Assets
$
3,842,098.25
LIABILITIES AND CAPITAL
Current Liabilities
Accrued Vacation - Media Ctr
Accrued Vacation- NMTC
Accrued Wages - Media Ctr
Accrued Wages - NMTC
Franchise Fee App
Note Payable-Bond
$
84,759.95
16,813.50
10,090.40
1,288.40
755,587.36
695,000.00
1,563,539.61
Total Current Liabilities
Capital
Net Equity - Media Ctr
Net Equity - NMTC
Net Income
(258,057 .62)
2,567,575.41
(30,959.15)
Total Capital
Total Liabilities & Capital
2,278,558.64
$
3,842,098.25
Internally Prepared - ~r -ranagement Use Only
North Metro Telecommunications Comm
Media Center (Dept 01)
Balance Sheet
November 30, 2014
ASSETS
Current Assets
Cash - Savings (Media Ctr)
A/R - Media Center
Due from (to) Commision
Prepaid Insurance - Media Ctr
$
249,755.48
180,447.68
(912,495.24)
11,511.01
Total Current Assets
(470,781.07)
Property and Equipment
Studio Equipment - Media Ctr
Accum Depree- Media Ctr
1,428,730.70
(1,481,147 .10)
Total Property and Equipment
(52,416.40)
Total Assets
$
(523,197.47)
LIABILITIES AND CAPITAL
Current Liabilities
Accrued Vacation - Media Ctr
Accrued Wages - Media Ctr
$
84,759.95
10,090.40
Total Current Liabilities
Capital
Net Equity- Media Ctr
Net Income
94,850.35
(258,057.62)
(359,990.20)
Total Capital
Total Liabilities & Capital
(618,047.82)
$
(523,197.47)
Internally Prepared - Ff9.r ~anagement Use Only
North Metro Telecommunications Comm
Commission (Dept 02)
Balance Sheet
November 30, 2014
ASSETS
Current Assets
Cash - Checking Account
Cash - Savings (Commission)
Petty Cash
Due from (to) Media Center
Prepaid Insurance - NMTC
$
1,640,653.97
367,219.78
150.00
912,495.24
4,115.17
Total Current Assets
2, 924,634.16
Property and Equipment
Office Equipment - NMTC
Accum Depree- NMTC
Accumulated Amortization
Bond Setup Fee
Bond Setup Fee 2012
Building-Polk/125
Land-Polk/125
244,291.77
(580,991.94)
(59,242.59)
92,700.15
15,000.00
1,503,204.17
225,700.00
Total Property and Equipment
1,440,661.56
Total Assets
$
4,365,295.72
LIABILITIES AND CAPITAL
Current Liabilities
Accrued Vacation- NMTC
Accrued Wages - NMTC
Franchise Fee App
Note Payable-Bond
$
16.,813.50
1,288.40
755,587.36
695,000.00
1,468,689.26
Total Current Liabilities
Capital
Net Equity - NMTC
Net Income
2,567,575.41
329,031.05
2,896,606.46
Total Capital
Total Liabilities & Capital
$
4,365,295. 72
Internally Prepared - ~r 91anagement Use Only
Page: 1
North Metro Telecommunications Comm
Combined Income Statement
For the Eleven Months Ending November 30, 2014
Media Center
(y-t-d)
Commission
(y-t-d)
NMTC Total
(y-t-d)
Revenues
PEG Fees - Comcast
Franchise Fees - Comcast
Interest Income
Miscellaneous Income
Contributions - Media Ctr
Bond-Refinance
$
Total Revenues
754,847.96
0.00
70.14
17,899.35
0.00
0.00
0.00
1,088,891.57
254.34
3,380.48
0.00
0.00
754,847.96
1,088,891.57
324.48
21,279.83
0.00
0.00
772,817.45
1,092,526.39
1,865,343.84
7,650.00
495,694.82
167,762.48
44,569.87
0.00
20,783.98
8,825.69
16,929.49
128,700.00
241,891.32
319,999.99
96,613.71
35,975.18
226,678.61
20,651.25
45,458.17
0.00
0.00
13,200.00
4,918.43
327,649.99
592,308.53
203,737.66
271,248.48
20,651.25
66,242.15
8,825.69
16,929.49
141,900.00
246,809.75
1,132,807.65
763,495.34
1,896, 302.99
$
Exoenses
Equipment Grants-Cities- NMTC
Wages - other/accrued vac/com
Employee Benefits
Building Security
Legal - General Matters
Advertising/Marketing
Gas & Oil
Mileage Reimbursement
Depreciation
Studio Equip Purchases
Total Expenses
Net Income
$
(359,990.20)
$
329,031.05
Internally Prepared - P~r ~nagement Use Only
1
(30,959.15)
Page: I
North Metro Telecommunications Comm
Media Center (Dept 01)
For the Eleven Months Ending November 30, 2014
M-T-D Actual
Y-T-D Actual
Annual Budget
Revenues
754,847.96
70.14
15,025.09
994.26
0.00
1,880.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,602.05
772,817.45
0.00
Equipment Grants-Cities - NMTC
Wages - other/accrued vac/com
Employee Benefits
Building Security
Advertising/Marketing
Gas & Oil
Mileage Reimbursement
Depreciation
Studio Equip Purchases
620.00
44,680.87
13,380.44
2,368.15
440.00
1,400.11
2,775.19
11,700.00
973.64
7,650.00
495,694.82
167,762.48
44,569.87
20,783.98
8,825.69
16,929.49
128,700.00
241,891.32
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Expenses
78,338.40
1,132,807.65
0.00
PEG Fees - Comcast
Interest - Media Ctr
Misc. Income - Media Ctr
PAYPAL
Sponsorships
Crew Costs Reimbursed
Contributions - Media Ctr
$
Total Revenues
0.00
6.30
1,595.75
0.00
0.00
0.00
0.00
$
Expenses
Net Income
$
(76, 736. 35)
$
(359,990.20)
Internally Prepared - p~r ~anagement Use Only
1
0.00
Page: 1
North Metro Telecommunications Comm
Commission (Dept 02)
For the Eleven Months Ending November 30, 2014
M-T-D Actual
Y-T-D Actual
Annual Budget
Revenues
Franchise Fees - Comcast
Interest- NMTC
Misc. Income - NMTC
Computer Building Income
Contributions - NMTC
Bond-Refinance
$
0.00
25.91
706.85
0.00
0.00
0.00
$
1,088,891.57
254.34
926.16
2,454.32
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
732.76
1,092,526.39
0.00
Equipment Grants-Cities - NMTC
Wages - other/accrued vac/com
Employee Benefits
Building Security
Legal - General Matters
Advertising/Marketing
Depreciation
Studio Equip Purchases
0.00
7,676.61
2,655.92
178,314.80
0.00
2,711.00
1,200.00
0.00
319,999.99
96,613.71
35,975.18
226,678.61
20,651.25
45,458.17
13,200.00
4,918.43
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Expenses
192,558.33
763,495.34
0.00
329,031.05
0.00
Total Revenues
Expenses
Net Income
$
(191,825.57)
$
Internally Prepared - For Management Use Only
P. 12
Page: I
Media Center (Dept 01)
Expense Details
For the Eleven Months Ending November 30, 2014
M-T-D Actual
Personnel
Wages - other/accrued vac/com
Wages - Master Control MS
Wages - Mobile Prod. Dir KK
Wages - Govt Coordinator TJ
Wages - Video Engineer RK
Wages- Mobile Prod. Tech MW
Wages - Asst. News Producer BH
Wages - PT Prod. Assistants U
Wages- Administrative Asst.RV
Wages - Studio Manager EH
Wages - News Director DP
Wages - Outreach Coord DAK
Wages - Studio Assistant
Total Personnel
Y-T-D Actual
Annual Budget
$
3,410.77
3,736.00
4,088.00
3,736.00
4,548.80
3,364.80
3,364.80
4,112.50
2,274.40
3,364.80
4,088.00
3,736.00
856.00
$
10,184.92
44,832.00
49,056.00
44,832.00
54,585.60
40,377.60
40,377.60
42,390.00
27,292.80
40,377.60
49,056.00
44,832.00
7,500.70
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
44,680.87
$
495,694.82
0.00
$
3,036.39
2,693.89
7,585.96
0.00
64.20
$
35,665.07
32,125.76
96,804.09
2,715.61
451.95
0.00
0.00
0.00
0.00
0.00
$
13,380.44
$
167,762.48
0.00
$
62.94
0.00
62.50
420.22
686.85
253.20
241.72
640.72
$
251.76
194.41
1,157.86
6,342.75
10,120.93
2,394.79
13,322.85
10,784.52
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
2,368.15
$
44,569.87
0.00
$
0.00
$
0.00
0.00
EmRio~ee
Benefits
FICA/Medicare Tax
PERA cost
Health/Dental/Other
Workers Compensation/Voluntee
Electronic Filing Charges
Total Employee Benefits
Office ExRenses
Building Security
Prop Tax- Special Assessments
Postage/Subscription/Notices
Office Expenses
Telephone/Internet/Cell Phone
Trash/Janitor/Water
Building Maintenance
Building Utilities
Total Office Expenses
Legal Expenses
Total Legal Expenses
1
=====
Internally Prepared - p~r ~anagement Use Only
Page:2
Media Center (Dept 01)
Expense Details
For the Eleven Months Ending November 30, 2014
M-T-D Actual
Y-T-D Actual
Annual Budget
Other Administrative Ex12enses
Advertising/Marketing
$
Awards Ceremony/Entry Fees
Conferences
Publications
Personnel Recruiting
Miscellaneous admin expense
Insurance Expenses
440.00
0.00
0.00
0.00
0.00
0.00
0.00
$
5,709.19
10,125.79
0.00
0.00
0.00
0.00
4,949.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Other Admin. Expenses
$
440.00
$
20,783.98
0.00
$
543.45
0.00
856.66
0.00
$
3,356.04
758.00
3,987.05
724.60
0.00
0.00
0.00
0.00
$
1,400.11
$
8,825.69
0.00
$
0.00
839.44
840.13
510.81
584.81
0.00
$
0.00
. 3,441.36
5,056.57
3,719.91
4,711.65
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
2,775.19
$
16,929.49
0.00
Vehicle Ex12enses
Gas & Oil
Licences
Maintenance/Truck
Maintenance/Fleet Vehicle
Total Vehicle Expenses
Production Ex12enses
Mileage Reimbursement
Video Equip/Parts/Maint
Video Media/Labels/Shipping
Bulb/Battery/Other Prod Costs
Computer Software/Upgrades
Music Library
Total Production Expenses
Internally Prepared - P?r ~anagement Use Only
1
Page: I
Commission (Dept 02)
Expense Details
For the Eleven Months Ending November 30, 2014
M-T-D Actual
Grants & Scholarshi(ls
Equipment Grants-Cities - NMTC
Equip Grants - Schools-NMTC
Intern Stipend-Me
Cities-Refunded Franchise Fees
Equity Transfer
Total Grants & Scholarships
Personnel
Wages - other/accrued vacjcom
Wages - Executive Director HA
Wages - Administrative Asst. RV
Directors Meeting Per Diems
Total Personnel
EmQIOl{:ee Benefits
FICA/Medicare Tax
PERA cost
Health/Dental/Other
Workers Compensation/Voluntee
Electronic Filing Charges
Total Employee Benefits
Office ExQenses
Building Security
Bond Payment
Prop Tax- Special Assessments
Postage/Subscription/Notices
Office Expenses
Telephone/Internet/Cell Phone
Trash/Janitor/Water
Building Maintenance
Building Utilities
Total Office Expenses
Legal Fees
Legal - General Matters
Legal - Rate Regulation
Legal - Renewal
Legal-Transfer Ownership
Legal-Associated Costs
Legal-Consultants
Y-T-D Actual
Annual Budget
$
0.00
0.00
0.00
0.00
0.00
$
0.00
0.00
0.00
319,999.99
0.00
0.00
0.00
0.00
0.00
0.00
$
0.00
$
319,999.99
0.00
$
(76.19)
5,478.40
2,274.40
0.00
$
1,150.11
65,740.80
27,292.80
2,430.00
0.00
0.00
0.00
0.00
$
7,676.61
$
96,613.71
0.00
$
585.44
562.07
1,444.20
0.00
64.21
$
6,914.61
6,744.84
20,188.23
1,675.50
452.00
0.00
0.00
0.00
0.00
0.00
$
2,655.92
$
35,975.18
0.00
$
62.94
176,004.69
0.00
62.49
420.23
628.78
253.21
241.73
640.73
$
251.76
181,934.06
194.42
1,257.97
6,474.99
10,062.93
2,400.72
13,317.07
10,784.69
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
178,314.80
$
226,678.61
0.00
$
0.00 $
15,196.25
0.00
0.00
0.00
0.00
0.00
5,455.00
0.00
0.00
0.00
0.00
Internally Prepared - For Management Use Only
P. 15
0.00
0.00
0.00
0.00
0.00
0.00
Page:2
Commission (Dept 02)
Expense Details
For the Eleven Months Ending November 30, 2014
M-T-D Actual
0.00
Legal-Bond
Y-T-D Actual
0.00
$
0.00
$
Other Administrative Ex12enses
Audit & Accounting
$
Company revenue audit
Conferences
Consulting Fees
Education/Tuition/Training
Membership Dues
Gov't/Legislative Affairs
Administrative Mileage
Special Meetings
Bank Service Charges
Miscellaneous admin expense
Insurance Expenses
Computer Building Expense
Interest Expense-Bond
0.00
0.00
28.00
0.00
0.00
2,325.00
0.00
213.64
144.36
0.00
0.00
0.00
0.00
0.00
Total Other Admin. Expenses
2,711.00
Total Legal Fees
$
1
Annual Budget
0.00
20,651.25
0.00
$
11,430.00
0.00
2,070.56
15,000.00
300.00
6,510.00
0.00
1,196.60
1,708.04
0.00
0.00
4,949.00
2,293.97
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
45,458.17
0.00
=====
Internally Prepared - p~r ~anagement Use Only
North Metro Telecommunications Comm
Check Register
For the Period From Nov 1, 2014 to Nov 30, 2014
Filter Criteria includes: 1) Accounts Payable only. Report order is by Date.
Check#
Date
Payee
Cash Account
EFILE
11/1/14
Virtual Merchant Credit Card
1001-02
35.01
12379
11/5/14
Fleet One LLC
1001-02
543.45
12380
11/5/14
Region 5AA
1001-02
400.00
12381
11/5/14
VERIZON WIRELESS
1001-02
58.08
12382
11/5/14
Richard D. Larson
1001-02
392.63
12383
11/5/14
Rick Larson
1001-02
8.51
12384
11/5/14
Assurant Employee Benefits
1001-02
767.35
12385
11/5/14
CenterPoint Energy
1001-02
65.63
12386
11/5/14
Alpha Video & Audio, Inc
1001-02
619.20
12387
11/5/14
Metro North Chamber of Comm.
1001-02
415.00
12388
11/5/14
JRM Outdoor Services
1001-02
474.94
12389
11/5/14
AT&T Wireless
1001-02
396.62
12390
11/5/14
Damian Kussian
1001-02
86.69
12391
11/5/14
Reliable Office Supplies
1001-02
120.41
12392
11/5/14
U.S. Bank Card Service
1001-02
1,268.72
12393
11/5/14
Benjamin Hayle
1001-02
33.34
EFILE
11/9/14
Discover Credit Card
1001-02
563.08
EFILE
11/12(14
IRS/US BANK
1001-02
5,634.97
EFILE
11/12/14
MN Dept. of Revenue
1001-02
961.28
EFILE
11/12/14
Public Employees Retirement
1001-02
3,031.43
EFILE
11/12/14
Discovery Benefits
1001-02
640.00
EFILE
11/15/14
Chase Visa Card Services
1001-02
2,041.07
12394
11/17/14
POPP TELECOM
1001-02
860.93
12395
11/17/14
Walters Recycling and Refuse Inc.
1001-02
113.78
12396
11/17/14
Connexus Energy
1001-02
1,113.44
12397
11/17/14
Floyd Security/ SRSI
1001-02
125.88
12398
11/17/14
Sam's Club
1001-02
120.91
12399
11/17/14
Radio Shack
1001-02
133.55
12400
11/17/14
Nat. Assn Officers & Advisors
1001-02
1,910.00
P. 17
Amount
North Metro Telecommunications Comm
Check Register
For the Period From Nov 1, 2014 to Nov 30, 2014
Filter Criteria includes: 1) Accounts Payable only. Report order is by Date.
Amount
Check#
Date
Payee
Cash Account
12401
11/17/14
City of Blaine-utilities
1001-02
102.38
12402
11/17/14
Health Partners
1001-02
8,262.81
12403
11/17/14
Kenton Kipp
1001-02
156.51
12404
11/18/14
Heidi Arnson
1001-02
102.64
OCTOBER SA
11/18/14
MN Dept. of Revenue
1001-02
166.00 .
12405
11/18/14
Discovery Benefits
1001-02
22.50
12406
11/18/14
Macy Kludt
1001-02
500.00
12407
11/18/14
Joe Moore
1001-02
120.00
12408
11/19/14
Amelia Silbert
1001-02
500.00
12409
11/19/14
Bremer Bank, N.A.
1001-02
176,004.69
EFILE
11/24/14
Discover Credit Card
1001-02
584.81
EFILE
11/25/14
Discovery Benefits
1001-02
22.50
EFILE
11/26/14
MN Dept. of Revenue
1001-02
961.28
EFILE
11/26/14
IRS/US BANK
1001-02
5,634.97
EFILE
11/26/14
Public Employees Retirement
1001-02
3,031.43
PEACH
11/26/14
Peachtree/Sage Software
1001-02
48.40
EFILE
11/26/14
Discovery Benefits
1001-02
640.00
EFILE
11/30/14
MN Dept. of Revenue
1001-02
27.15
EFILE
11/30/14
IRS/US BANK
1001-02
618.85
220,442.82
Total
P. 18
North Metro Telecommunications Comm
Cash Receipts Journal
For the Period From Nov 1, 2014 to Nov 30, 2014
Filter Criteria includes: Report order is by Check Date. Report is printed in Detail Format.
Date
Account I
Transaction Ref
Line
11/18/
4300-01
1001-02
TAPE DUBS-CASH
TAPE DUBS-CASH
Miscellaneous receipts
28.00
4300-01
1001-02
TAPE DUBS-CHECKS
TAPE DUBS-CHECKS
Miscellaneous receipts
185.00
4300-02
ESCROW REFUND
11/18/
11/18/
1001-02
11/18/
11/19/
11/28/
4300-01
1001-02
DRONE PRODUCTIO
4300-01
1001-02
OCTOBER PAYPAL
4200-01
INTEREST
1002-01
11/28/
4200-02
INTEREST
1001-02
11/28/
4200-02
INTEREST
1002-02
11/29/
4300-01
1001-02
CREDIT CARD SALES
D~scription
DebitAmn
28.00
185.00
706.85
9/25/2003 BUILDING
ESCROW REFUND
Miscellaneous receipts
706.85
DRONE PRODUCTION
Miscellaneous receipts
500.00
OCTOBER PAYPAL
PAYPAL
447.75
INTEREST-MEDIA CENTER
SAVINGS
INTEREST - MEDIA CENTER
INTEREST-COM MISSION
CHECKING
INTEREST - COMMISSION
INTEREST -COMMISSION
SAVINGS
INTEREST - COMMISSION
NOVEMBER CREDIT CARD
SALES
Credit Card Sales
500.00
447.75
6.30
6.30
21.11
21.11
4.80
4.80
435.00
435.00
2,334.81
P. 19
Credit Am
2,334.81
North Metro TV
November 2014 U date
Program Production .
In November, a total of 65 new programs were produced utilizing the
North Metro facilities, funds, and services. This constitutes 56:30:00
hours of new programming.
•
•
•
•
18 programs were produced by the public with NMTV
equipment & training
12 programs were produced by the public with NMTV training
16 programs were produced by NMTV staff
19 programs were produced by City staff
Van Shoots
The van was used for 8:30:00 hours of production. The following
event was videotaped:
•
Football: State 5A Qtr Final: Faribault vs. Spring Lake Park
Workshops
Workshop
Adapted Cheerleading
Taping
Blue Screen Class
Bengal Broadcast
Anoka Tornado Premiere
Bengal Broadcast
Bengal Broadcast
Bengal Broadcast
7 Workshops
Instructor
Eric Houston
Organization
Video Club
Students
12
Eric Houston
Eric Houston
Eric Houston
General Public
Blaine High School
General PublicNideo
Club
Blaine High School
Blaine High School
Blaine High School
6
26
88
Eric Houston
Eric Houston
Eric Houston
P. 20
23
19
24
198 Students
Production Highlights
Local Decision 20 14 Live!
Local election coverage is something the NMTV news
crew takes very seriously. Their Local Decision coverage
began in May, when the first filing period was held. Over
the summer they started contacting candidates and the
first candidate biographies went on-line in July. After the
Primary Election and second filing period, the rest of the
candidates were conatacted and more biographies were
posted in September. September and October were filled
with coordinating and shooting Candidate Spotlights and
debates. Ben and Danika also did a three-week series
on NMTV News with the three candidates running in the
6th Congressional District. Each of those candidates
came in for a one-on-one interview in October. In
addition, four MN House debates were produced, along
with sixteen Candidate Spotlights. Election coverage
concluded with the live Local Decision 2014 results
program on Election Day. A crew of more than 20
worked together to produce our biggest election program
to date. The coverage included live interviews from
campaign events using our new LiveShot technology and
State Senators Alice Johnson and Michelle Benson as instudio guests. They offered insight and analysis throughout the evening. In total, between
candidates, staff and volunteers, Ben and Danika worked directly with nearly 100 people to
coordinate Local Decision 2014.
Sports Den Fall Season Finale
The hour-long Sports Den Fall Finale went out live on Wednesday, November 12th. Once again,
the studio was filled with student athletes from Blaine, Centennial, and Spring Lake Park High
Schools, along with parents, friends and coaches. The show included highlights from the
volleyball, football, and soccer seasons and interviews. Each student athlete was brought onto
the set and asked questions about the past season and their future goals. The students all
received a Sports Den athletic shirt and a dvd copy of the program to thank them for attending
and for being a fan of Sports Den. The shirts are very popular with student athletes and serve as
an excellent source of promotion for NMTV and Sports Den.
Lino Lakes Recycle Promo
T.J. Tronson and Damian Kussian worked with Lino
Lakes Recycling Program Assistant, KC Kye, to
produce a public service announcement for the Lino
Lakes Recycling Program. The PSA, which KC starred
in, encourages Lino Lakes residents to recycle. It was
a fun project to work on and KC had this to say,
"Thanks for this. It looks great! You and T.J. are great
to work with. Hope to do more projects with you in the
future."
High School Plays And More
T.J. taped two plays in November. The first was Centennial's production of the musical, Legally
Blonde, and the second was Blaine's production of the musical, Princess Whatsername. Even
though we can't show plays on our channels or website, because of copyrite issues, we are
happy to cover events for schools for their own use and so that parents and students can get dvd
copies of the performances. In addition to theatrical performances, T.J. also produced the
Blaine's Veteran's Day program. Along with taping the event, he and Rick solved some
auditorium and overflow area audio problems for the school.
P. 21
Tornado Documentary Premiere
Eric Houston's documentary, produced with help from
public access volunteer Joe Scholz, Anoka and the
Tornado of '39, had its premiere at the Anoka County
History Center on November 19th. The documentary
chronicles the tragic events of June 18, 1939, when a
tornado devastated Anoka and killed nine people. Extra
chairs had to be brought in for the overflow crowd of 88
people. The program is now playing on channel14 and
NMTV's YouTube page. Metro Sky Watch, an organization
of 800 local storm spotters who supply data to the National
Weather Service requested a copy of the documentary to
present at their annual meeting.
PR bits and pieces
Helped T.J. with video for Lino Lakes recycling project
Shot painter Phillip Hoffman for Make.
Spent a couple of days at the board retreat for the Chamber of Commerce. Discussed
how to move the Chamber forward and how NMTV and the Chamber can work together
with local businesses.
Production equipment consulting for cities and schools
Centerville
Installed a digital converter box in the control room for monitoring the return feed of live
meetings. (1 hr)
Blaine High School
Helped T.J. work out a solution to getting the Veterans Day program audio and video
from the field house to the Tri-Caster and to the auditorium. (2 hrs)
Working with school to upgrade an old RF system between the field house and
auditorium. Contacted a vendor and got the ball rolling for an initial site survey and
evaluation. Have offered to help through the project. (1 hr)
Lino Lakes
DVD recorder stopped working. Installed, set-up and tested new recorder. (1 hr)
Ham Lake
Working with vendor for new and replacement equipment. (1 hr)
Computer/Networking consulting for cities and schools
Lexington
Rebuild a couple more systems.
City Channel 16 Playback Stats
City
Blaine
Centerville
Circle Pines
Ham Lake
Lexington
Lino Lakes
Spring Lake Park
Totals:
Number of Times Programs Played
147
11
126
59
71
35
84
533 Program Playbacks
P. 22
Hours Programmed on
Channel
200:49:33
24:39:03
62:42:17
80:29:49
21:48:13
44:10:18
59:11:07
500:50:20 Hours of Video
Programming on Channels
Programs Produced by the Public
Title
Off Constantly: Thanksgiving
Off Constantly: Winter Begins
Off Constantly: Season Premiere
Off Con'stantly: Halloween
Exploding Reality: Why In The World Are
They Spraying:
ReQan Moves
Chris Holbrook for Governor
Anoka And The Tornado of '39
Cornerstone Church (4 episodes)
Lovepower (6 episodes)
Rice Creek Watershed District Meeting
Peace Lutheran Church (4 episode$)
KinQswood Church (3 episodes)
Sunday Senior Moments (4 episodes)
30 New Programs
Producer
Tim Dold
D.W. Bauer/Mac Dolphy
Mac Dolphy/Beaux Smith
Tim Dold
Michele Kurak
00:33:15
00:32:13
00:30:55
00:25:09
01:14:25
Runt1me
ReQan Mizuno
Matt Kowalski
Eric Houston/Video Club
Rick Bostrom
Ann Sandell
Theresa Stasica
Walter Voss
Cindy Hardy
David Turnidge
00:30:39
00:01:10
00:18:37
01:52:49
06:00:00
02:04:35
03:33:25
02:21:14
03:34:22
23:32:47 New Hours
Programs Produced by NMTV Staff
T.J. Tronson
01:21:39
T.J. Tronson
00:00:45
T.J. Tronson
01:10:00
T.J. Tronson
01:06:15
Programs Produced by City Staff
Circle Pines Staff
00:42:44
Title cont.
Circle Pines Utility Commission Meeting
(11/19/14)
Circle Pines City Council Meeting
(11/25/14)
Ham Lake City Council Meeting ( 11/3/14)
Ham Lake Planning Commission Meeting
(11/10/14)
Ham Lake City Council Meeting
(11/17/14)
Ham Lake Planning Commission Meeting
(11/24/14)
Lexington City Council Meeting (11/6/14)
Lexington City Council Meeting
(11/20/14)
Uno Lakes Planning & Zoning Meeting
(11/10/14)
Uno Lakes City Council Meeting
(11/12/14)
.
Uno Lakes City Council Meeting
(11/24/14)
Spring Lake Park City Council Meeting
(11/3/14)
Spring Lake Park City Council Meeting
(11/17/14)
19 New Programs
Producer cont.
Circle Pines Staff
Runtime cont.
00:16:59
Circle Pines Staff
00:37:34
Ham Lake Staff
Ham Lake Staff
00:38:07
00:30:49
Ham Lake Staff
00:56:07
Ham Lake Staff
01:59:49
Lexington Staff
Lexington Staff
00:13:23
00:25:19
Uno Lakes Staff
01:30:34
Uno Lakes Staff
00:29:29
Uno Lakes Staff
00:44:28
Spring Lake Park Staff
00:47:43
Spring Lake Park Staff
00:35:06
18:27:05 New Hours
If you have any questions or comments regarding this monthly report please contact
Heidi Arnson at 763.231.2801 or [email protected].
P. 24
NORTH METRO TV
Production Statistics 2014
J
"'C
!'.:)
c.n
Programming Statistics
Cablecast Programs
Cablecast Hours
Programs Produced - Public
Program Hours Produced - Public
Prog. Produced - Affiliated Public
Prog. Hours Produced - Affil. Public
Programs Produced - City Staff
Prog. Hours Produced - City Staff
Programs Produced - NMTV Staff
Prog. Hours Produced - NMTV Staff
Total Public Programs Produced
Total Staff Programs Produced
Total Internal Programs Produced
% Staff Produced Programs
% Public Produced Programs
External Programs Submitted
External Program Hours
Total New Programs
·Equipment Usage Statistics
Facilitv Hours Available
Public Portapak Uses
Public Tricaster System
Studio A Production
% of Available Time
Studio A Editing
% of Available Time
Studio B Production
% of Available Time
Public MAC A Edit Suite
% of Available Time
Public MAC B Edit Suite
% of Available Time
Public MAC C Edit Suite
% of Available Time
,Production Van Statistics.
Production Hours
Number of Van Shoots
Average Hours Per Shoot
Number of New Volunteers
Volunteer Hours
,Public Access Statistics·.
Number of Workshops
Number of Students
PAP Volunteer Hours
Tours
Tour Attendees
F
M
A
M
J
JU
A
s
0
2663.00
1978.50
7.00
6.00
15.00
13.00
22.00
24.00
21.00
21.50
22.00
43.00
65.00
66.15%
33.85%
64.00
50.25
129.00
2391.00
1854.75
10.00
5.75
11.00
10.75
21.00
22.00
24.00
26.50
21.00
45.00
66.00
68.18%
31.82%
71.00
51.50
137.00
2695.00
1794.00
28.00
12.50
15.00
13.00
20.00
15.00
16.00
14.75
43.00
36.00
79.00
45.57%
54.43%
66.00
47.50
145.00
2641.00
1869.50
15.00
11.00
11.00
12.00
22.00
22.00
13.00
14.25
26.00
35.00
61.00
57.38%
42.62%
56.00
39.00
117.00
2366.00
1958.00
16.00
11.50
13.00
12.00
21.00
22.50
22.00
28.50
29.00
43.00
72.00
59.72%
40.28%
59.00
40.50
131.00
2294.00
1913.25
11.00
5.75
10.00
10.50
19.00
22.00
16.00
16.50
21.00
35.00
56.00
62.50%
37.50%
62.00
42.00
118.00
2456.00
1869.25
16.00
10.25
14.00
13.50
20.00
17.50
36.00
42.50
30.00
56.00
86.00
65.12%
34.88%
45.00
33.50
131.00
162.50
7.00
0.00
47.75
29.38%
29.25
18.00%
19.50
12.00%
18.00
11.08%
21.50
13.23%
34.00
20.92%
246.00
19.00
0.00
30.75
12.50%
28.25
11.48%
10.00
4.07%
39.25
15.96%
42.25
17.17%
31.25
12.70%
219.50
21.00
0.00
24.75
11.28%
23.25
10.59%
7.00
3.19%
10.00
4.56%
79.50
36.22%
44.50
20.27%
202.00
19.00
0.00
9.75
4.83%
8.75
4.33%
1.50
0.74%
0.00
0.00%
84.25
41.71%
39.50
19.55%
231.00
19.00
0.00
101.75
44.05%
2.75
1.19%
70.00
30.30%
0.00
0.00%
93.00
40.26%
29.75
12.88%
25.00
4.00
6.25
0.00
45.00
23.25
4.00
5.81
3.00
40.00
53.00
11.00
4.82
3.00
81.00
39.75
7.00
5.68
12.00
105.00
·.,':•/\( ;L; -':. ·,,
,' :. ,;,;,;•;\_:;·<~ >?;,_>)')<•• • .~.": '( '
8.00
28.00
141.25
3.00
45.00
12.00
31.00
296.00
4.00
45.00
'c'
150.50
8.00
0.00
36.75
24.42%
21.00
13.95%
8.50
5.65%
57.00
37.87%
23.00
15.28%
45.75
30.40%
145.50
6.00
1.00
39.25
26.98%
28.75
19.76%
16.75
11.51%
74.25
51.03%
27.00
18.56%
47.00
32.30%
,_p:.,
10.00
22.00
166.00
2.00
25.00
5.00
28.00
359.00
2.00
35.00
14 Total
14 Average
··.-'«~
""
2549.00
1839.25
19.00
9.50
9.00
9.00
19.00
19.00
15.00
13.75
28.00
34.00
62.00
54.84%
45.16%
54.00
37.00
116.00
2742.00
1868.25
37.00
16.00
17.00
15.00
21.00
21.50
34.00
32.25
54.00
55.00
109.00
50.46%
49.54%
33.00
25.50
142.00
2788.00
1827.00
13.00
9.25
12.00
11.50
18.00
19.00
39.00
45.75
25.00
57.00
82.00
69.51%
30.49%
52.00
36.00
134.00
2439.00
1828.25
18.00
12.00
12.00
11.50
20.00
18.50
16.00
14.50
30.00
36.00
66.00
54.55%
45.45%
41.00
31.75
107.00
28024.00
20600.00
190.00
109.50
139.00
131.75
223.00
223.00
252.00
270.75
329.00
475.00
804.00
59.08%
40.92%
603.00
434.50
1407.00
230.50
12.00
0.00
50.00
21.69%
30.75
13.34%
6.00
2.60%
0.00
0.00%
92.50
40.13%
107.00
46.42%
211.00
11.00
0.00
104.00
49.29%
21.00
9.95%
13.50
6.40%
17.00
8.06%
80.50
38.15%
54.25
25.71%
257.50
8.00
1.00
89.50
34.76%
13.00
5.05%
67.50
26.21%
23.25
9.03%
46.00
17.86%
47.25
18.35%
175.00
10.00
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93.25
53.29%
19.75
11.29%
43.00
24.57%
22.00
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47.00
26.86%
36.25
20.71%
2231.00
140.00
2.00
627.50
28.13%
226.50
10.15%
263.25
11.80%
260.75
11.69%
636.50
28.53%
516.50
23.15%
6.00
46.00
136.25
1.00
7.00
15.00
42.00
650.00
0.00
0.00
,,,
26.00
4.00
6.50
3.00
61.00
62.75
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6.28
1.00
139.00
98.25
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7.56
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216.00
··--
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79.00
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82.25
0.00
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,).yu•
8.00
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176.25
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1;
,--'I_J\:> :; ~::.·.•,;~w·•
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'i
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I
185.92
11.67
0.17
52.29
28.13%
18.88
10.15%
21.94
11.80%
21.73
9.77%
53.04
28.53%
43.04
23.15%
'<',Y\'{fJ ••
531.50
81.00
6.56
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IP,''/
112.00
668.00
2532.00
16.00
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'
2335.33
1716.67
15.83
9.13
11.58
10.98
18.58
18.58
21.00
22.56
27.42
39.58
67.00
59.08%
40.92%
50.25
36.21
117.25
OH
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' ''·' .-; . \. ;··'·>' -~0
51.50
9.00
5.72
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D
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44.29
6.75
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106.42
t,·:· .-;·:::;. .:; i
9.33
55.67
211.00
1.33
16.92
EXECUTIVE COMMITTEE MINUTES
Meeting of December 3, 2014
Executive Cmte. Present:
Dick Swanson; Blaine, Matt Percy; Circle Pines, Jeanne Mason;
Spring Lake Park, Dale Stoesz; Uno Lakes
Absent:
Others Present:
Heidi Arnson; Executive Director, Rose Valez; Admin. Asst.,
CALL TO ORDER
The Chair called the meeting to order at 6:00 p.m.
APPROVAL OF MINUTES
A motion to approve the November 5, 2014 Executive Committee meeting minutes
was made by M. Percy. Second, D. Stoesz. Motion approved.
EXECUTIVE DIRECTOR I OPERATIONS COMMITTEE REPORT
•
•
H. Arnson gave an update regarding the ongoing discussions to try to settle
Comcast's outstanding franchise violations. Some progress has been made, but
there are still some areas that require further consideration. It is hoped that an
agreement can be reached before the December 17th Cable Commission meeting.
Comcast has extended the deadline for considering the transfer from Comcast to
GreatLand Connections to February 13th, 2015.
OLD BUSINESS
No old business was presented.
NEW BUSINESS
No new business was presented.
ADJOURN
Motion to adjourn made by J. Mason. Second, D. Stoesz. Motion approved. The
meeting was adjourned at 6:32p.m.
P. 26
NORTH METRO TELECOMMUNICATIONS COMMISSION
UNAPPROVED OPERATIONS COMMITTEE MEETING NOTES
Tuesday, December 2, 2014
CALL TO ORDER
The meeting began at 10:36 a.m.
MEMBERS PRESENT
D. Buchholtz, J. Keinath, B. Petracek, D. Nivala, C. Arneson, M. Ericson
MEMBERS ABSENT
J. Karlson
OTHERS PRESENT
H. Arnson
APPROVAL OF MEETING NOTES
The meeting notes of November 4, 2014 were approved by consensus.
EXECUTIVE DIRECTOR REPORT
•
•
H. Arnson gave an update regarding the ongoing discussions to try to settle Comcast's
outstanding franchise violations. Some progress has been made, but there are still some
areas that require further discussion. It is hoped that an agreement can be reached before
the December 17th Cable Commission meeting. Related to those discussions, the
deadline for considering the transfer from Comcast to GreatLand Connections has been
moved to February 13th, 2015.
The new NMTV website is coming along. A timeline for implementation of the meeting
management software was discussed.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
ADJOURNMENT
The meeting was adjourned at 10:54 a.m.
P. 27
Franchise Settlement Agreement
Background
The Cable Franchise between Comcast and each of the Member Cities ofNorth Metro
Telecommunications Commission (NMTC) is presently set to expire in November, 2017.
Comcast recently sent correspondence requesting the franchise be renewed. Comcast also
recently filed an application with the NMTC requesting that its franchise be transfen;ed to
Midwest Cable. There also remains pending certain franchise compliance issues and certain
needs and interests of the NMTC that need to be addressed. Mike Bradley, in consultation with
NMTC leadership, negotiated a Franchise Settlement Agreement with Comcast that addresses
several of these issues. The following are some highlights of the Agreement:
•
Cable Franchise to be extended through December 31, 2020. This will allow the NMTC
to avoid the costs of a typically expensive renewal process for another 3 years, allowing it
to focus its resources on its member cities' needs.
•
A MOU from 1996 will also be extended through December 31,2020. The MOU
contains a financial commitment from Comcast for the support of the NMTC. It results
in approximately $800,000 of funding per year.
•
In the event the Franchise rolls over past the expiration date, the MOU will do the same..
This helps to ensure the Member Cities that the funding for the NMTC will not end until
a renewed franchise is agreed upon.
• · NMTC upon 90 days' notice will receive 1 high definition (HD) channel (replacing a
standard definition (SD) channel) with provisions for channel placement and quality.
NMTC currently has no HD channels. This will give HD subscribers access to NMTC
programming with the best signal quality.
•
NMTC will have the option after 12 months to replace an additional SD channel with an
HD channel, giving the NMTC 2 HD channels and 4 SD channels.
•
NMTC will have access to the Electronic Programming Guide, which will allow viewers
to view programming information ofthe NMTC across multiple platforms.
•
Comcast will pay NMTC approximately $31,000 for a franchise fee underpayment.
NMTC benefitted from findings by another of Mr. Bradley's clients without having to
expend any additional resources on a financial expert.
•
Comcast will provide 3 digital converters to all municipal locations receiving
complementary drops and outlets. Comcast will also provide an additional 30 HD boxes
to be placed at municipal locations at NMTC's discretion. This should cover all of the
outlets at municipal locations currently receiving complementary service.
P. 28
•
Small refund of approximately $20,000 total to cable subscribers.
•
Payment oflegal fees associated with the transfer application.
•
Comcast will be relieved of its commitment to provide Universal PEG Service in the
future, but existing Universal PEG Service subscribers will be grandfathered. There are
only 81 such subscribers and Comcast recovers the cost of providing the service out of
the PEG fee currently.
•
Consent to the Transfer Application. Comcast has submitted an application requesting
that the NMTC approve a transfer of the Comcast franchise to Midwest Cable. Midwest
Cable will do business as GreatLand. The attached resolution was negotiated with both
Comcast and GreatLand. The resolution lists several contingencies, including the actual
closing of the proposed transaction, receipt of necessary federal approvals, executing a
guaranty of performance and executing a guaranty regarding rates.
Cable Television Franchise Ordinance Amendment
Staff has prepared a Cable Television Franchise Ordinance Amendment for the Member Cities of
the NMTC. It extends the existing Cable Television Franchise Ordinance through December 31,
2020, and it requires Comcast's acceptance.
Staff Recommendation
The Staff Recommendation is to (1) approve the Settlement Agreement and authorize the Chair
to execute the Settlement Agreement and the attached Rate Order Settlement and Conditional
Transfer Approval; and (2) to recommend approval by the Member Cities of the Conditional
Transfer Approval Resolution (Exhibit B to the Settlement Agreement) and adoption of the
Franchise Amendment Ordinance.
2
P. 29
FRANCHISE SETTLEMENT AGREEMENT
THIS AGREEMENT is made as of the 17th day ofDecember, 2014, by and between the
North Metro Telecommunications Commission ("Commission"), a Joint Powers Commission
comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino
Lakes and Spring Lake Park, Minnesota ("Member Cities"), and Comcast of Minnesota, Inc.
("Franchisee"), collectively the "Parties";
WHEREAS, Franchisee operates a cable system in the Member Cities pursuant to a
cable franchise granted by the Commission and Member Cities ("Franchise Agreement");
WHEREAS, the Parties desire to resolve certain outstanding legal and franchise issues
through this Agreement;
NOW THEREFORE, IN CONSIDERATION of the mutual covenants, terms,
conditions and representations contained herein, the Parties agree as follows:
A. Franchise Extension.
1)
The Franchise Agreement is currently set to expire on November 20, 2017. The City and
Franchisee hereby agree to extend the following agreements through December 31, 2020: (1) the
Franchise Agreement; (2) the Memorandum of Understanding (MOU) dated January 29, 1996;
and (3) the 1997 Resolution Transferring Community Television Programming Responsibilities
From Group W of the North Central Suburbs, d/b/a Meredith Cable to the North Central
Suburban Cable Communications Commission (the 1997 Resolution). By agreeing to this
extension, no party is waiving any rights under Section 626 ofthe Federal Cable Act, nor shall it
be necessary for Franchisee tore-invoke its renewal rights under Section 626. This agreement
will remain in force as long as Comcast (and any successors and assigns) continues to operate
subject to the Cable Franchise, including as it may be extended pending completion of the
renewal process. The Parties further agree that in the event the Cable Franchise is extended by
formal action of the parties, or by operation of law pending completion of the renewal process,
such extension shall include the obligations in the above-referenced Cable Franchise, January 29,
1996, MOU and 1997 Resolution. Provided that, with one hundred twenty (120) days advance
notice, either party may terminate this agreement at any time after December 31, 2020, and after
notice, for the period after the termination, may exercise any rights and pursue any remedy that
could have been exercised or pursued prior to the date of this Agreement except that the release
of claims as specified in paragraph 14 of the Agreement shall remain effective.
The Parties further agree that Comcast is relieved of its commitment to provide Universal PEG
Service as contained in the January 29, 1996, MOU; provided, however, that all existing
Universal PEG subscribers shall be grandfathered and shall continue to receive Universal PEG
Service without interruption.
B. PEG Capacity- HD PEG Channels and Electronic Programming Guide.
2)
Section 6 of the Franchise Agreement sets forth obligations related to PEG channels and
requires the provision of six PEG channels.
P. 30
3)
Upon 90 days' notice, Franchisee will carry one of the existing PEG Channels in high
definition (HD) format on the cable system such that the Commission will continue to have 6
PEG Channels; 5 carried in standard definition and 1 carried in high definition. The Commission
represents that it has or will have available by that date sufficient local, non-character generated
programming in HD format so as to provide content of value to viewers and not have a blank
channel. Any time after twelve months from the date of this Agreement, Franchisee will carry an
additional PEG channel in high definition in the same manner as the first high definition channel,
such that the Commission will continue to have 6 PEG Channels; 4 carried in standard definition
and 2 carried in high definition.
4)
Franchisee will deliver the high definition signal to subscribers so that it is viewable
without degradation, provided that it is not required to deliver a HD PEG Channel at a resolution
higher than the highest resolution used in connection with the delivery oflocal broadcast signals
to the public. Franchisee may implement HD carriage of the PEG channel in any manner
(including selection of compression, utilization of IP, amount of system capacity or bandwidth.
and other processing characteristics) that produces a signal as accessible, functional, useable and
of a quality comparable (meaning indistinguishable to the viewer) to broadcast HD channels
carried on the cable system.
5)
The HD PEG channel will be assigned a number near the other high definition local
broadcast stations if such channel positions are not already taken, or if that is not possible, near
high definition news/public affairs programming channels if such channel positions are not
already taken, or if not possible, as reasonably close as available channel numbering will allow.
6)
Commission acknowledges that HD programming may require the viewer to have special
viewer equipment (such as an HDTV and an HD-capable digital device/receiver), but any
subscriber who can view an HD signal delivered via the cable system at a receiver shall also be
able to view the HD PEG channel at that receiver, without additional charges or equipment. By
agreeing to make PEG available in HD format, Franchisee is not agreeing it may be required to
provide free HD equipment to customers including complimentary municipal and educational
accounts and universal service accounts, nor modify its equipment or pricing policies in any
manner. Commission acknowledges that not every customer may be able to view HD PEG
programming (for example, because they don't have an HDTV in their home or have chosen not
to take an HD capable receiving device from Franchisee or other equipment provider) or on
every TV in the home.
7)
Franchisee will provide a bill message announcing the launch of the HD PEG channel;
however Commission acknowledges that not all customers may receive the bill message notice
in advance of the channel launch in the interests oflaunching the channel sooner.
8)
Franchisee will make available to the Commission the ability to place PEG channel
programming information on the interactive channel guide by putting the Commission in contact
with the electronic programing guide vendor ("EPG provider") that provides the guide service.
Franchisee will be responsible for providing the designations and instructions necessary to
ensure the channels will appear on the programming guide throughout the jurisdictions that are
2
P. 31
part of the Commission and any necessary headend costs associated therewith. The Cqmmission
shall be responsible for providing programming information to the EPG provider and for any
costs the EPG provider charges to programmers who participate in its service. This obligation
shall not apply to any PEG channels for which there is a technical impediment to providing guide
listings, for example, in the event a PEG channel is narrowcasted or split among more than one
PEG programmer or source such that not all viewers see the same programming on that channel.
C. Franchise Fee Payment Correction.
9)
Franchisee will pay the Commission $31,313.98 in full settlement of the franchise fees
due on bundled services for January 1, 2012 through December 31, 2014. Franchisee's payment
shall be due within 45 days of the Commission's approval of this Agreement, unless otherwise
agreed by the Parties.
D. Complimentary Cable Services.
10)
Section 7.7 of the Franchise Agreement requires Franchisee to provide complimentary cable
service to drop at one outlet in certain municipal locations listed in Exhibit C to the Franchise
Agreement and certain additional network Drops and/or outlets. Franchisee agrees to provide upon
request the necessary digital converter equipment to receive Cable Service (currently a digital
converter or DTA at Franchisee's option) at each complimentary drop location and for 3 outlets per
complimentary drop location if needed to receive the cable service. Franchisee agrees to provide an
additional30 HD converter boxes to use at municipal locations at the Commission's discretion.
E. Rate Order Settlement.
11)
In full and final settlement of the 2012 Rate Order issued by the Commission, Franchisee
and Commission agree to the terms on the attached Exhibit A.
F. Transfer Consent.
12)
This Agreement is subject to the Commission's and Member Cities' adoption of the
Transfer Resolution, attached hereto and incorporated herewith as Exhibit B, no later than their
last January 2015 meeting.
G. Transfer Related Costs.
13)
Franchisee agrees to reimburse the Commission for its costs related to the review of the
Transaction in the amount of$15,000 to be paid within 45 business days of the Commission's
adoption ofthe Transfer Resolution referenced below. The Parties agree that this payment shall
not be deemed to exceed the franchise fee cap specified in Section 622(a) of the Cable Act, 47
U.S.C. § 542(a), and shall at no time be offset against or deducted from franchise fee payments,
grants or other financial support or in-kind compensation paid to the Commission under the
Franchise. This provision is agreed to solely for the purpose of this Settlement Agreement, and
does not prejudice either party from taking a different position regarding the franchise fee issues
in the future.
3
P. 32
H. Release.
14)
In consideration of the benefits conferred herein, the Commission releases and forever
discharges the Franchisee, including its agents, employees, parents, subsidiaries and affiliates
from any and all claims and release and forever discharge it from all current Franchise-related
claims, Franchise violations, and Franchise-related compliance issues as of the effective date of
this Agreement.
I. Miscellaneous Provisions.
15)
This Agreement is a compromise. The Parties agree that this Agreement may not be used
to prove that there is a need or interest (or lack thereof) in decreasing, increasing or maintaining
the current number of PEG channels, or in the need or interest (or lack thereof) in providing PEG
in HD, or in other formats.
16)
Each Party represents that it has the power and authority to enter into this Agreement.
Any breach of this Agreement shall be subject to all remedies available to the Parties at law or in
equity and shall be enforceable as a franchise obligation.
17)
This Agreement sets forth the entire agreement of the Parties with respect to its subject
matter, there being no other promise or inducement to or for the execution of the Agreement
other than the consideration cited above. There are no contingencies, conditions precedent,
representations, warranties, or other agreement, or otherwise, regarding settlement between the
Parties not stated herein.
18)
The Parties acknowledge that this Agreement is the product of negotiations between the
Parties and does not constitute, and shall not be construed as an admission of liability on the part
of any Party.
19)
This Agreement shall insure to the benefit of, and shall be binding on, the Parties and
their respective successors and assigns.
20)
This Agreement may not be modified or amended, nor any of its terms waived, except by
an amendment signed by duly authorized representatives of the Parties.
21)
This Agreement shall be construed and enforced in accordance with the laws ofthe State
of Minnesota without regard to conflicts oflaw principles.
22)
The Parties shall not take any action to challenge, or cause another person or entity to
challenge, any provision of this Agreement as contrary to or unenforceable under applicable
laws, regulations, orders and decisions, nor will they participate with any other person or entity
in any such challenge to this Agreement.
4
P. 33
23)
This Agreement shall be effective upon the date when it is executed on behalf ofboth
Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
duly authorized representatives of each Party on the dates written below.
NORTH METRO TELECOMMUNICATIONS COMMISSION
Title:
------------------------
Date:
-----------------------
COMCAST OF MINNESOTA, INC.
Title:
------------------------
Date:
-----------------------
5
P. 34
EXHIBIT A
RATEORDERSETTLEMENTAGREEMENT
THIS AGREEMENT is made as of the 17th day of December, 2014, by and between the
North Metro Telecommunications Commission ("NMTC"), a Joint Powers Commission
comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, Lexington, Lino
Lakes and Spring Lake Park, Minnesota, and Comcast of Minnesota, Inc., a Minnesota
corporation ("Comcast"). The NMTC and Comcast are collectively referred to herein as the
Parties.
Resolution of Franchise Violation Notice Re: 2012 Rate Order
A. Rate Order Refund Issues
1)
In full resolution ofthe Rate Order refund issues, Comcast agrees to refund $20,065.37 to
the cable subscribers in the NMTC Area.
B. Unbundling Equipment and Service Fees
. 2)
Comcast and the NMTC agree that the equipment cost disclosure method already
implemented by Comcast satisfies its obligations under the Rate Order and through December
31, 2016, after which time the franchisee and the NMTC may revisit the issue in accordance with
then applicable law. The equipment cost disclosure method already implemented by Comcast is
in the form of an explanatory disclosure of the value of the equipment included in the Digital
Transport Adapter Additional Outlet Service Fee immediately below that fee on the customer
bill.
C. Miscellaneous Terms
3)
This Agreement is a compromise. The Parties agree that this agreement may not be used
in the formal renewal process except to bar the NMTC from raising any purported noncompliance with the Rate Order as grounds for denial of renewal.
4)
Each Party represents that it has the power and authority to enter into this Agreement.
Any breach of this Agreement shall be subject to all remedies available to the Parties at law or in
equity.
5)
This Agreement sets forth the entire agreement of the Parties with respect to its subject
matter, there being no other promise or inducement to or for the execution of the Agreement
other than the consideration cited above. There are no contingencies, conditions precedent,
representations, warranties, or other agreement, or otherwise, regarding settlement between the
Parties not stated herein.
6)
The Parties acknowledge that this Agreement is the product of negotiations between the
Parties and does not constitute, and shall not be construed as an admission ofliability on the part
of any Party.
P. 35
7)
This Agreement shall inure to the benefit of, and shall be binding on, the Parties and their
respective successors and assigns.
8)
This Agreement may not be modified or amended, nor any of its terms waived, except by
an amendment signed by duly authorized representatives of the Parties.
9)
This Agreement shall be construed and enforced in accordance with the laws of the State
of Minnesota without regard to conflicts of law principles.
This Agreement shall be effective upon the date when it is executed on behalf of both
10)
Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
duly authorized representatives of each Party on the dates written below.
NORTH METRO
TELECOMMUNICATIONS COMMISSION
COMCASTOF
MINNESOTA, INC.
Title:
--------------------------
Title:
Date:
------------------------
Date:----------------------
----------------------
2
P. 36
ExhibitB
RESOLUTION NO. 2014-03
A RESOLUTION CONDITIONALLY GRANTING THE CONSENT
TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE
AND CABLE TELEVISION SYSTEM FROM
COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC.
WHEREAS, the North Metro Telecommunications Commission ("NMTC"), a Joint
Powers Commission comprised of the municipalities of Blaine, Centerville, Circle Pines, Ham
Lake, Lexington, Lino Lakes and Spring Lake Park, Minnesota ("Member Cities"); and
WHEREAS, Comcast of Minnesota/Wisconsin, Inc., ("Franchisee") holds a franchise
(the "Franchise") with each of the Member Cities to operate a cable television system (the
"System") in each respective member city pursuant to a franchise ordinance (the "Franchise
Ordinance"); and
WHEREAS, Section 10.5.1 of the Franchise Ordinance requires the NMTC's prior
consent to a fundamental corporate change, including a merger or a change in Franchisee's
parent corporation; and
WHEREAS, the NMTC's Joint Powers Agreement includes the power to administer and
enforce the Franchise; and
WHEREAS, after a series of transfers, Comcast of Minnesota, Inc., was approved by the
NMTC and/or the Member Cities as the Franchise holder, pursuant to prior transfer resolutions
(the "Prior Transfer Resolutions"). The Prior Transfer Resolutions, the Franchise, the Franchise
Ordinance, and the Franchise Settlement Agreement together with any applicable resolutions,
codes, ordinances, acceptances, acknowledgments, guarantees, amendments, memoranda of
understanding, social contracts and agreements, are collectively referred to as the "Franchise
Documents;" and
WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of
Comcast Corporation ("Comcast"); and
WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to
divest and transfer the Franchise and Cable System to Midwest Cable, Inc., in a process
described in the Transfer Application (the "Proposed Transaction"); and
WHEREAS, immediately following the closing of the Proposed Transaction, Midwest
Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this
Resolution, the transfer applicant will be referred to as "GreatLand" throughout; and
WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the
NMTC on June 18, 2014, together with certain attached materials, which documents more fully
P. 37
describe the Proposed Transaction and which documents, with their attachments, contain certain
promises, conditions, representations and warranties (the "Transfer Application"); and
WHEREAS, under the Proposed Transaction, the Franchise and Cable System will stay
with Franchisee, and its ultimate parent company will be GreatLand; and
WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the
Franchisee and the System will change, and it requires the prior written approval of the Member
Cities; and
WHEREAS, Comcast, through its subsidiaries, provided written responses to some of
the data requests issued by the NMTC, including directing the representatives of the NMTC to
publicly filed and available information, and information posted to Comcast Corporation and
other websites (the "Data Request Responses"); and
WHEREAS, the NMTC reviewed the Transfer Application and considered all applicable
and relevant factors; and
WHEREAS, in reliance upon the representations made by and on behalf of Comcast of
Minnesota, Inc., Comcast, and GreatLand, to the NMTC, the NMTC is willing to recommend
that the Member Cities grant consent to the Proposed Transaction, so long as those
representations are complete and accurate; and
WHEREAS, the NMTC's approval of the Proposed Transaction is therefore appropriate
if the Franchisee will continue to be responsible for all acts and omissions, known and unknown,
under the Franchise Documents and applicable law for all purposes, including (but not limited
to) franchise renewal.
NOW, THEREFORE, BE IT RESOLVED BY THE
TELECOMMUNICATIONS COMMISSION AS FOLLOWS:
NORTH
METRO
Section 1. The NMTC recommends that the Member Cities consent to and approve of
the Transfer Application in accordance with the Franchise Ordinances, subject to the following
conditions:
1.1
Neither the Franchise, nor any control thereof, nor the System, nor any part ofthe System
located in any municipal public rights-of-way in· the Member Cities or on municipal
property, shall be assigned or transferred, in whole or in part, without filing a written
application with the NMTC and obtaining prior written approval of such transfer or
assignment, but only to the extent required by applicable law.
1.2
The Member Cities' approval ofthe Transfer Application is made without prejudice to, or
waiver of, its and/or the NMTC's right to fully investigate and consider during any future
franchise renewal process: (i) Franchisee's financial, technical, and legal qualifications;
(ii) Franchisee's compliance with the Franchise Documents, except as set forth in the
Franchise Settlement Agreement; and (iii) any other lawful, relevant considerations. ·
2
P. 38
1.3
The approval of the Transfer Application is made without prejudice to, or waiver of, any
right to consider or raise claims based on Franchisee's defaults, any failure to provide
reasonable service in light of the community's needs, or any failure to comply with the
terms and conditions of the Franchise Documents, or with applicable law, except as set
forth in the Franchise Settlement Agreement.
1.4
Subject to the Franchise Settlement Agreement, the NMTC waives none of their rights
with respect to the Franchisee's compliance with the terms, conditions, requirements and
obligations set forth in the Franchise Documents and in applicable law. The Member
Cities' approval of the Transfer Application shall in no way be deemed a representation
by the NMTC that the Franchisee is in compliance with all of its obligations under the
Franchise Documents and applicable law.
1.5
After the Proposed Transaction, GreatLand and Franchisee will be bound by all the
commitments, duties, and obligations, present and continuing, embodied in the Franchise
Documents and applicable law. The Proposed Transaction will have no effect on these
obligations.
1.6
GreatLand shall provide an executed written certification in the form attached hereto
within thirty (30) days after consummation of the Proposed Transaction, guarantying the
full performance of the Franchisee. GreatLand shall provide the NMTC and the Member
Cities with written notification that the Proposed Transaction closed within ten (1 0) days
after the closing;
1. 7
GreatLand will comply with any and all conditions or requirements applicable to
GreatLand set forth in all approvals granted by federal agencies with respect to the
Proposed Transaction and Transfer Application (including any conditions with respect to
programming agreements), such conditions or requirements to be exclusively enforced at
the federal level;
1.8
GreatLand shall provide a written guarantee in the form attached hereto within thirty (30)
days of the effective date of this Resolution specifying that subscriber rates and charges
in the Member Cities will not increase as a result of the costs of the Proposed
Transaction;
1.9
After the Proposed Transaction is consummated, GreatLand and Franchisee will continue
to be responsible for all past acts and omissions, known and unknown, under the
Franchise Documents and applicable law for all purposes, including (but not limited to)
Franchise renewal to the same extent and in the same manner as before the Proposed
Transaction, subject to the terms of the Franchise Settlement Agreement.
1.10
Nothing in this Resolution amends or alters the Franchise Documents or any
requirements therein in any way, and all provisions of the Franchise Documents remain
in full force and effect and are enforceable in accordance with their terms and with
applicable law.
3
P. 39
1.11
The Proposed Transaction shall not permit GreatLand and Franchisee to take any position
or exercise any right with respect to the Franchise Documents and the relationship
thereby established with the NMTC that could not have been exercised prior to the
Proposed Transaction.
1.12
GreatLand assures that it will cause to be made available adequate financial resources to
allow Franchisee to meet its obligations under the Franchise Documents, including
without limitation operational and customer service requirements.
1.13
The NMTC and the Member Cities are not waiving any rights it may have to require
franchise fee payments on present and future services delivered by GreatLand or its
subsidiaries and affiliates via the cable system;
1.14
The NMTC and the Member Cities are not waiving any right it may have related to any
net neutrality, open access, and information services issues;
1.15
Receipt of any and all state and federal approvals and authorizations;
1.16
Actual closing of the Proposed Transaction consistent with the transfer application; and
Section 2. If any of the conditions or requirements specified in this Resolution are not
satisfied, then the NMTC's recommended consent to, and approval of, the Transfer Application
and Proposed Transaction is hereby DENIED and void as of the date hereo£
Section 3. If any of the written representations made to the NMTC in the Transfer
Application proceeding by (i) Comcast of Minnesota, Inc., (ii) Comcast or (iii) GreatLand, (iv)
any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or
inaccurate in any material respect, it shall be deemed a material breach of the Franchise
Documents and applicable law, and subject to the remedies contained in the Franchise
Documents and applicable law.
Section 4. This Resolution shall not be construed to grant or imply the NMTC's consent
to any other transfer or assignment of the Franchises or any other transaction that may require the
NMTC's consent under the Franchise Ordinances or applicable law. The NMTC reserve all their
rights with regard to any such transactions.
Section 5. This Resolution is a final decision on the Transfer Application within the
meaning of 47 U.S.C. § 537.
Section 6. The transfer of control of the Franchise from Comcast to GreatLand shall not
take effect until the consummation of the Proposed Transaction.
Section 7.
NMTC.
This Resolution shall be effective immediately upon its adoption by the
4
P. 40
Adopted by the North Metro Telecommunications Commission this 1ih day of
December, 2014.
Chair
ATTEST:
5
P. 41
Attachment 1
Form of Guaranty of Performance
GUARANTY OF PERFORMANCE
GreatLand Connections, Inc., as the ultimate parent entity ofComcast of Minnesota, Inc.,
the Franchisee, upon closing of the proposed transaction (as defined in the North Metro
Telecommunications Commission Resolution No.
certifies that it has sufficient
financial resources and will at all times make available all necessary financial resources to ensure
that the Franchisee has the capability to operate and maintain the System in accordance with the
Franchise and applicable laws, regulations codes and standards, and to fully comply at all times
with the Franchise, and applicable laws, regulations, codes and standards and guarantees such
performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty
shall be deemed a violation of the Franchise held by the Franchisee.
EXECUTED as of
---------------------
GreatLand Connections, Inc.
By:
---------------------Name:
-------------------Title:
---------------------
Address:
P. 42
Attachment 2
Form of Guaranty Regarding Rates
GUARANTY REGARDING RATES
GreatLand Connections, Inc., upon closing of the proposed transaction (as defined in the
North Metro Telecommunications Commission Resolution No.
, guarantees that
, the Franchisee in the
rates and charges for cable service offered by
NMTC , will not increase as a result ofthe cost ofthe proposed transaction. GreatLand
Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation
of the Franchise held by the Franchisee.
EXECUTED as of
---------------------
GreatLand Connections, Inc.,
By: ___________________
Name:
-------------------Title:
---------------------
Address:
P. 43
ORDINANCE NO. _ _ __
CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT
The City of _ _ _ _ _ _ _ _ _ _ (the "City") ordains as follows:
Section 2.4, entitled "Franchise Term" of the City's Cable Television Franchise
Section 1.
Ordinance (Ord. No.
), shall be amended as follows:
4.
Franchise Term. Pursuant to the Franchise Settlement Agreement
dated December 17, 2014, this Franchise shall be in effect through
December 31, 2020 for a period of fifteen (15) years, such term
commencing on the Effective Date specified in Section 2.10, unless sooner
renewed, revoked or terminated as herein provided.
The following shall be added to the end of Section 6.1.2 of the City's Cable
Section 2.
Television Franchise Ordinance:
Upon 90 days' notice, Grantee will carry one of the PEG channels in a
high definition (HD) format on the cable system such that the City will
continue to have 6 PEG Channels; 5 carried in standard definition and 1
carried in high definition. The City represents that it has or will have
available by that date sufficient local, non-character generated
programming in HD format so as to provide content of value to viewers
and not have a blank channel. Any time after December 16, 2015, Grantee
will carry an additional PEG channel in high definition in the same
manner as the first high definition channel, such that the City will continue
to have 6 PEG Channels; 4 carried in standard definition and 2 carried in
high definition.
Grantee will deliver the high definition signal. to subscribers so that it is
viewable without degradation, provided that it is not required to deliver a
HD PEG Channel at a resolution higher than the highest resolution used in
connection with the delivery of local broadcast signals to the public.
Grantee may implement HD carriage of the PEG channel in any manner
(including selection of compression, utilization of IP, amount of system
capacity or bandwidth, and other processing characteristics) that produces
a signal as accessible, functional, useable and of a quality comparable
(meaning indistinguishable to the viewer) to broadcast HD channels
carried on the cable system.
The HD PEG Channel will be assigned a number near the other high
definition local broadcast stations if such channel positions are not already
taken, or if that is not possible, near high definition news/public affairs
programming channels if such channel positions are not already taken, or
if not possible, as reasonably close as available channel numbering will
allow.
P. 44
City acknowledges that HD programming may require the viewer to have
special viewer equipment (such as an HDTV and an HD-capable digital
device/receiver), but any subscriber who can view an HD signal delivered
via the cable system at a receiver shall also be able to view the HD PEG
channel at that receiver, without additional charges or equipment. By
agreeing to make PEG available in HD format, Grantee is not agreeing it
may be required to provide free HD equipment to customers including
complimentary municipal and educational accounts and universal service
accounts, nor modify its equipment or pricing policies in any manner.
City acknowledges that not every customer may be able to view HD PEG
programming (for example, because they don't have an HDTV in their
home or have chosen not to take an HD capable receiving device from
Grantee or other equipment provider) or on every TV in the home.
Grantee will provide a bill message announcing the launch of the HD PEG
channel; however City acknowledges that not all customers may receive
the bill message notice in advance of the channel launch in the interests of
launching the channel sooner.
Grantee will make available to the City the ability to place PEG channel
programming information on the interactive channel guide by putting the
City in contact with the electronic programing guide vendor ("EPG
provider") that provides the guide service. Grantee will be responsible for ·
providing the designations and instructions necessary to ensure the
channels will appear on the programming guide throughout the
jurisdictions that are part of the City and any necessary headend costs
associated therewith. The City shall be responsible for providing
programming information to the EPG provider and for any costs the EPG
provider charges to programmers who participate in its service. This
obligation shall not apply to any PEG channels for which there is a
technical impediment to providing guide listings, for example, in the event
a PEG channel is narrowcasted or split among more than one PEG
programmer or source such that not all viewers see the same programming
on that channel.
Section 3.
Inc.
This Ordinance shall be effective upon the acceptance of Comcast of Minnesota,
2
P. 45
Passed and adopted this _ _ day of _ _ _ _ _ _ _ _ _ _ _, 201_.
Attest:
CITY OF
By: _ _ _ _ _ _ _ _ _ ___
Its:
By:
--------------Its:
----------
ACCEPTED: This Cable Television Franchise Ordinance Amendment is accepted and we agree
to be bound by its terms and conditions.
COMCAST OF MINNESOTA, INC.
Dated:
By: _______________________
Its:
------------
-------------
3
P. 46
AS I WAS SAYING
Could the Title II Feud
Lead to Telecom
Reform?
Debates about FCC Rules May Just Be Circling a 'Regulatory Rat Hole'
11/17/2014 11:00 AM
Author: Gary Arlen
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In the week since President Obama's
unexpected "Title II" video debuted,
plenty of Washington verbiage has been
spilled on what happens next - and why.
The White House recommendation that
the FCC should place public utility
regulation upon Internet Service
Providers rankled countless insiders
and, of course, totally confused
"civilians" - the unwashed masses who
merely rely on the Internet for all kinds of business, consumer, financial and entertainment
services.
By fortunate coincidence, several D.C. think tanks had already scheduled broadband
seminars for the week, some timed as follow-up analyses to the recent Congressional
elections, others keyed specifically to the evolving debate about Title II regulation. Obama's
screed merely inserted an added dimension into the predictable, politically-fueled
pronouncement that emerge from these think-tank symposia.
What did not emerge from these seminars or from Obama's appeal was any comprehensive
approach to the big issue confronting policy-makers: an omnibus overhaul of the nation's
http://www.multichannel.com/blog/i-was-saying/could-title-ii-feud-lead-telecom-reform/385626
communications law, the elusive "Telecommunications Act Reform" process on Capitol Hill.
Indeed, last week's Kabuki maneuvering and posturing about the FCC and Title II was a
good way to distract attention from a really big topic - policy overhaul - and focus instead on
the pretty-big topic du jour - Internet regulation. To be fair, some of the Washington events
touched on copyright reform (which might include retransmission consent), media mergers,
Internet tax issues (some of which require immediate action) and spectrum allocation.
Collectively, these interconnected issues cry out for integrated analysis and action.
Realistically, the new Congress is unlikely to tackle such a massive undertaking - especially
when brush fires such as Title II can both distract attention and simultaneously attract so
much lobbying support (i.e. contributions).
Inevitably, at last week's seminars, there was substantial debate about the merits of "Section
706" (the part of the 1996 Telecom Act that lets the FCC oversee "Advanced
Telecommunications Capabilities") versus Title II regulation. For example, at Friday's Free
State Foundation session entitled "Thinking the Unthinkable" (i.e. the 'utility model"
regulation) Rep. Bob Latta (R-Ohio), who sits on the House Communications Subcommittee,
and the two Republican members of the FCC blasted the "unthinkable" idea of Title II
regulation.
FCC commissioners Ajit Pai and Michael O'Rielly (pictured left and right) both pointed
to two significant ripple effects of imposing Title II regulation on ISPs: putting onerous
Universal Service Fund fees on ISP usage and sending a bad message about America's
Internet stance to foreign authorities. The USF issue would have more immediate impact on
cable operators and other ISPs since customers would see substantial fees directly in each
month's bill.
Pai and others are even more concerned about any policy that would embolden foreign
governments, especially repressive regimes, to impose Internet regulation of all sorts on
their domestic system operators. Pai warned that if the FCC adopts a restrictive Title II
policy, it would further diminish America's credibility and tell other nations to "do as we say
not as we do."
In addition, there are immediate problems, such as how a unilateral U.S. regulation policy
will affect international treaties for dealing with transborder communications, an issue with
vast consequences in the Internet Protocol era.
In separate remarks at the Free State Foundation event, O'Rielly focused on forebearance,
the process by which the FCC could carve out exemptions from its most severe policies. But
as O'Rielly said, it "should not be conceived as easy" and there has been no indication about
which parts of Title II might receive such forebearance.
Last week's seminars served as reminders about the complexity of the individual issues and
the inevitable frustrations triggered by such piecemeal action rather than a comprehensive
process, such as a Communications Act overhaul.
Going down either road will take a lot of time, and as the recent policy-wonk omphaloskepsis
reminds us: there is unending contemplation ahead. Bringing it all into a bleak perspective
were the concluding comments at the FSF seminar.
It's a "regulatory rat hole," said Gerald Faulhaber in an abject summary of the FCC's current
options. Faulhaber, a former FCC chief economist and now professor emeritus at the
University of Pennsylvania's Wharton School, characterized the choices:
"The only difference between Title II and Section 706 is how fast we go down the rat hole."
http://www.multichannel.com/blog/i-was-saying/could-title-ii-feud-lead-telecom-reform/385626
TAGS:
Title II Section 706 internet president obama FCC Wheeler Pai O'Rielly
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REVOLT TV EXAMINES NATION’S VIOLENCE FOR DECE
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SCH
• 24 days ago
As soon as I saw the phrase "Obama's screed..." in this article, I stopped reading.
Regardless of the side you're on, let's be objective, please. Large communications
providers, especially those which are publicly-traded companies, will act in only in the
interest of their stock holders and boards of directors. Think about it.
1
• Reply • Share ›
http://www.multichannel.com/blog/i-was-saying/could-title-ii-feud-lead-telecom-reform/385626
LAW & DISORDER / CIVILIZATION &
DISCONTENTS
Republican lawmakers tell FCC it can’t treat
broadband as a utility
FCC lacks authority to reclassify broadband, 41 members of Congress claim.
by Jon Brodkin - Nov 13 2014, 10:30am CST
250
DonkeyHotey
Republican members of the US Senate and House of Representatives are trying to convince the
Federal Communications Commission that it lacks the authority to reclassify broadband as a utility.
In a letter yesterday to FCC Chairman Tom Wheeler, the lawmakers claimed that classifying broadband
as a utility "under Title II of the Communications Act to create legally enforceable rules to regulate
Internet access... is beyond the scope of the FCC's authority and would defy the plain reading of the
statute... Put simply, reclassification would require the Commission to find that Internet access is a
telecommunications service, not an information service. These are not matters of opinion but
distinctions made in the text of the Communications Act, the plain language of which precludes
regulation of the Internet under Title II."
The "plain language" Republicans pointed to "makes it US policy to 'preserve the vibrant and
competitive free market that presently exists for the Internet... unfettered by Federal or State
regulation.'"
The Republicans pointed out that the commission's previous
attempt to issue network neutrality rules was thrown out in
FURTHER READING
http://arstechnica.com/tech-policy/2014/11/republican-lawmakers-tell-fcc-it-cant-treat-broadband-as-a-utility/
the previous rules said the FCC erred by trying to impose
such rules without first reclassifying broadband as a utility or
"common carrier" service. The GOP lawmakers correctly
noted that reclassifying broadband would likely be followed
by a lawsuit. AT&T and Verizon have already threatened to
sue over the use of Title II, just as Verizon sued in
2011 when the FCC used the less restrictive Section 706 to
issue net neutrality rules.
While ISPs such as Comcast claim that Section 706 gives
the FCC all the authority it needs to ban discrimination
against Internet traffic, the congressional
Republicans say the opposite, writing that using Section 706
"to impose a bright-line non-discrimination rule" would be
"unsupported in law." That, at least, agrees with the federal appeals court ruling.
The letter signers were led by House Energy and Commerce Committee Chairman Fred Upton (R-MI)
and Senate Commerce, Science, and Transportation Committee Ranking Member John Thune (R-SD).
It was sent two days after President Obama urged the FCC to reclassify broadband and issue net
neutrality rules that ban blocking, throttling, and paid prioritization.
Wheeler has not yet revealed his plans. Besides a full reclassification, options include a hybrid of Title II
and Section 706 or a proposal that relies entirely on Section 706. The latter would prohibit ISPs from
blocking websites or slowing down consumers' access to Internet content below the speeds they've
paid for, but it would let ISPs charge websites for priority access.
READER COMMENTS
446
217
250
17
Jon Brodkin / Jon is Ars Technica's senior IT reporter, covering business technology, the FCC and broadband,
telecommunications, supercomputing, data centers, and wireless technology.
@JBrodkin on Twitter
http://arstechnica.com/tech-policy/2014/11/republican-lawmakers-tell-fcc-it-cant-treat-broadband-as-a-utility/
Obama’s Presidential
Moment
I keep saying that telecom policy is blood and guts stuff — giant
principles of equity, speech, and the importance of free markets run
headlong into the extraordinary political powers wielded by Comcast,
Verizon, Time Warner Cable, and AT&T. All too often the drama is
buried in an avalanche of acronyms and incremental influence. Then
came yesterday’s message from President Obama. Here was our best
Obama, telling the FCC in plain language that it should consider
acting like a regulator. The message actually brought a tear to my eye.
It’s the equivalent of the moving part of the war movie when the gruff
but effective leader calls his troops to their better selves, reminding
them why they’re there in the first place.
So although the president sounded like the law-professor-in-chief
https://medium.com/backchannel/obamas-presidential-moment-744bc9247447
yesterday (“I believe the FCC should reclassify consumer broadband
service under Title II of the Telecommunications Act”), to me it was a
General Patton moment. This is a battle cry designed to give heart to
his administration — and particularly the corner of the executive
branch crouching in terror behind the walls of the FCC.
The president is reminding us that we are a country
that does great things.
It’s a big deal; it’s like the leadership that FDR wielded when he took
on the giant private electrical companies that were controlling
electrification — perfectly legally, at the time, but with terrible
consequences for the nation — in the 1930s. The fight over whether
high speed Internet access should have a cop on the beat is our
version of the battle over electricity that dominated presidential
politics nearly a century ago. Left to their own devices, the electrical
trusts were systematically gouging richer Americans, leaving out poor
and rural markets, and extracting profits wherever possible. There is
nothing malign about this behavior — it is the natural tendency of
profit-seeking companies to act this way when it comes to high-fixed
cost physical infrastructure — but the incentives of the companies
involved are not necessarily aligned with the country’s interest in
competing and flourishing on the world stage. We are recapitulating
the early story of electrification when it comes to high-speed Internet
access. It has to stop.
And finally our president is saying: stop it. His message goes beyond
the narrow context of net neutrality, although it comes out of that
Twister-like legal story. What he’s saying is that the FCC should use
the perfectly good statute Congress passed in 1996 when it is adopting
rules about high speed Internet access, rather than trying to build a
house of cards based on a patchwork of authority. A risk-averse FCC
has tried this — twice — and both times the DC Circuit told the agency
that it can’t deregulate with one hand (by removing the “Title II” label
from high-speed Internet access) while regulating with the other (by
adopting “Open Internet” rules).
When it comes to operating on sound legal grounds, “once more with
feeling” is not going to work for the FCC, either in the net neutrality
context or in any other realm having to do with high-speed Internet
https://medium.com/backchannel/obamas-presidential-moment-744bc9247447
access. The president’s line in the sand is infuriating to Comcast,
Verizon, Time Warner Cable, and AT&T but is good news for every
other American business and user of the Internet — in other words,
everyone else in the country.
Only a naïf would think that the odds look good: it’s
virtually every citizen and small business in America
along with almost all of Silicon Valley’s top
companies, versus a handful of big carriers.
In fact, the political odds are daunting. The giant incumbents are
unleashing their hounds, and the barking and baying will go on for
months. They’re climbing all over Capitol Hill, lining up votes to gut
the budget of the FCC. They’ll sue. (They always sue.) They’ll hire
every expert in DC to support their claim that they’re fierce
competitors, that competition is protecting Americans from any
pricing or discriminatory abuses, and that we already live in the best
of all possible worlds when it comes to high speed Internet access.
They’ll claim that Obama is a “radical”. (The same thing happened in
the electrification era.) Entertainingly, Sen. Ted Cruz says this is
“Obamacare for the Internet,” which makes no sense at all — this is not
“regulating the Internet,” it’s making sure Internet access is overseen
in the public interest — and a blizzard of other bumper sticker slogans
will be deployed to fog Americans’ understanding of what is actually
happening. This is a titanic battle from the incumbents’ perspective,
and they have an arsenal on their side.
Meanwhile, the president is giving political air cover to the FCC to do
the right thing — to be brave rather than to try to placate the
incumbents (who will sue anyway) by employing a too-clever-by-half
legal scheme aimed at avoiding clear use of Title II.
He’s also saying that Internet access providers shouldn’t be allowed to
squeeze connections between their and other networks. This is an
issue I explored in depth last week here on Backchannel. We now
know that Comcast, Verizon, AT&T, and Time Warner Cable are
collectively refusing to widen the doors through which packets need to
travel in order to reach these companies’ subscribers — unless they are
paid. In a competitive marketplace for high-speed Internet access this
https://medium.com/backchannel/obamas-presidential-moment-744bc9247447
would never happen.
In response, FCC Chairman Tom Wheeler is circumspect, suggesting
yesterday that the whole thing will take time.
It’s strange: telecom policy from the perspective of the leaders at the
FCC is still inside baseball, something worked out over a single
conference room table among the handful of actors who matter. But
the president recognizes that millions of Americans are up in arms
about high speed Internet access, and getting this issue right will
shape his and his administration’s legacy — just as the battle over
electrification shaped FDR’s.
The president and his administration came to Washington to do big
things. Now this battle has been joined. It is a fight we need to win — for our pocketbooks, for our connectivity, and for our freedom.
Americans at their best are never cynical. And, finally, on this issue
our leader is standing up for us.
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Written by Susan Crawford
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https://medium.com/backchannel/obamas-presidential-moment-744bc9247447