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Home My WebLink About1982-01-05; City Council; 6856; FRANCHISE/ . a L2-i -2 8 E L E- 4 .. z 0 4 6 -J z 3 0 0 3 W r/ AB# (98 5b TITLE: Approval of Plan for Rancho La Costa DEPT. HD.,& CITY OF CARLSBAD - AGENDA~LL \ MTG. 1/5/82 Cable TV to Meet Franchise Requirements CITY Am’ DEPT. UTL ClfY MGR.: RECOMMENDED ACTION: Approve by minute motion the plan submitted by Rancho La Costa Cable TV to meet the requirements of their franchise to provide studio facilities for public access and interconnecting to the Carlsbad Cablevision system. ITEM EXPLANATION: The cable TV franchise requires that the franchisee provide studio facilities for public access and that all franchises within the city interconnect to each other when they reach a subscriber lever of 3,500. Rancho La Costa Cable TV is approaching the 3,500 subscriber level. are two or more franchises within the city that this condition can be met by sharing studio facilities if the plan for the sharing is approved by the Council The intent of this provision was to avoid duplication of similar facilities. Rancho La Costa Cable TV, by memorandum to Council, attached, indicates that they intend to enter into an agreement with Carlsbad Cablevision to utilize their studio facilities. Carlsbad Cablevision’s studio has been constructed and the installation of equipment is underway and should be completed by April 1, 1982. interconnection of the two systems will be satisfied by a microwave link between head-ends. This link will be completed when La Costa receives a microwave receiver, currently on order. for Interconnection: Studio Requirements The code provides that if there Additionally, Rancho La Costa Cable TV indicates that the Rancho La Costa Cable TV requests your acceptance of this plan to meet the code requirement by April 1, 1982. The final agreement between Rancho La Costa and Carlsbad Cablevision will be submitted for review. FISCAL IMPACT: None by this action. EXHIBITS : Joint memo to City Council of November 18, 1981. P 0 ME MOR ANDUM TO: City Council - City of Carlsbad Through: Frank Aleshire, City Manager Roger Greer, Utilities Director FROM : Carlsbad Cablevision & La Costa Cable TV DATE : November 18, 1981 SIJBJECT: Cable Television Inter-Connection & Studio Facilities Outlined below are appropriate excerpts from the Carlsbad Municipal Code - S 5.28.030 having to do with access channels, studio facilities and interconne 5.28.030 Cable television service, (a) The cable television system permitted installed and operated hereunder shall: ..."f 5) Provide at least one channel out charge for local government access;(6) Provide at least one channel with charge for educational access;('-/) Provide at least one channel without charg use as a public access channel to be scheduled by the grantee within existin future Federal Communications Commission regulations pertaining to the opera of public-access channels (8) 'When the cable system has reached three thousa five hundred subscribers, the grantee shall maintain it studio and a headend h ill be capable of producing live or recorded prgrming to be cablecast in 8nd/or black and white for distribution by cable throughout the city. The gI shall make available equipment and assistance for the production of program at its studio at 'lease rates for use by access channel users. Additional eqL ment shall also be made available which will permit access users and grantee produce programming at locations other than the headend studio. For public i channel users described in subsection (7)above, grantee shall provide free 1 of the production facilites and production assistance for the first five mi1 of air time for si period of five years after service is commenced. Any appl ito operate a system under the provisions of this chapter shall demonstrats application how it plans to provide and make available the above facilities services. In the event there are two or more systems in the city and either or both hr reached three thousand five hundred subscribers, the grantee may petition t city COUnCll and request a modification of this requirement. The intent and ~'irgose of such request svould be to preclude unnecessarily duplicating stud r'acilities in t3e citg. Grantee shall present the city with 8 plan for a su ejuivalent to the studio requirement. Suitable equivalents to the studio re of any modificaI5on pursuant to this subsection." ...'I( djThe grantee shall interconnect the system with any or all other cab1 s7szems in San Diego County, or elsewhere, as followsr(1)When the system ha zo-nnect said system with all other systems within the city. Said interconne shall provide one chamel, one direction, headend-to-headend communication, a9plying the technical standards contained in Parts 76 to 78 of the Federal Communications Commission Cable Television Regulations. Nothing in this sec shall serve to prohibit grantee from implementing the interconnection of tl- systems above described prior to reaching a level of three thousand five 1- .-cn7; will be dexermined by the city council which shall be a condition of a n ,~=ac%ec! ,- . a level of three thousand five hundred subscribers,grantee shall. in T Memo to City Council w e Page 2 hundred subscribers. (2) Interconnection with other systems shall occur 1 the council directs and may be done by direct cable connection, rnicrowavl link, satellite, or other appropriate method. Interconnection may be req. for origination and access channels that are determined by grantee and c to be technically and economically feasible. (3) Upon receiving the dire1 of the city to interconnect, the grantee shall immediately initiate nego tions with the other affected system or systems in order that costs may shared equally for both construction and operation of the interconnectio link. (4) City may grant reasonable extensions of time to interconnect o rescind its request to interconnect upon petition by the grantee to the council. The council shall grant said requesl if it finds that the grant has renegotiated in good faith and has failed to obtain approval. from th System or systems of the proposed interconnection, or that the cost of t interconnection would cause an unreasonable or unacceptable increase in subscriber rates ?'' Before outlining a plan for review and proposed approval bythe City Coun we inform you as follows: 1. The two franchises in the City of Carlsbad have been working together for some period of time in the preparation of the proposed plan and, 2. The Ramho La Costa Cable Company is approaching the "trigger" number of three thousand five hundred subscribers. Plan: Section 5.28.030 (a) (5) (6) (7) (channels) Both franchises have the three channels available for (I) local government access (2) education wcess (3) public accsss Through the interconnectioE and joint use of studio facilities all of tlr channels will be available, where appropriate, to the entire city. (We I out that we doubt whether there will be, at least in the near future, sufficient available programming to justify the contiauous Operation of three channels). Secsion 5.28.230 (a) (8) (studio facilities; The two franchise have tentatively reached an agreement for the joint u the sophisticated Daniels studio facilities*. This document, among othe is intended to be the petition to the City Council allowing for joint u cornpaved to duplicating studio facilities. This is also a request that City Council celay the "trigger" date to April 1, I982 for the studio availability requirenent. (The studio facilities will be fully equiped that date). Section 5.28.030 (d) (1) (2) (3) (4) (interconnect) While the ordinance requires a one channel one way interconnection it i intention of the franchises to provide an all channel one way interconn through a micro-wave link. All equipment is in place except for the mic wave receiver at the La Costa Antenna site. This receiver is on order and it is proposed that it be in operation * When completed this agreement will be submitted to the City €or revie 4 v Q Memo to City Council Page 3 on April 1, 1982 coincidental with the availability of the studio facilities. The same s'trigger'f date delay is requested for the interconnect as is requested for the studio facilities. We would appreciate the opportunity to answer questions concerning the above.