CVTV/Cable Franchise 86t
CABLE LICENSE AGREEMENT
BETWEEN THE CITY OF LA QUINTA
AND COACHELLA VALLEY TELEVISION,
A DIVISION OF PALMER COMMUNICATIONS
INDEX.
1. GRANT OF LICENSE
1.1 Grant
1.2 Right of Grantor to Issue License
1.3 Effective Date of License
1.4 Duration
1.5 Renewal
1.6 License Acceptance
2. DEFINITIONS
2.1
"Access Channel Manager"
2.2
"Agreement"
2.3
"Downstream"
2.4
"Grantee"
2.5
"Institutional Service"
2.6
"Monitoring"
2.7
"School"
2.8
"Public Streets, Ways and Other Areas"
2.9
"Tier"
2.10
"Upstream"
2.11
"Year"
2.12
"Gross Annual Revenues"
3. GENERAL REQUIREMENTS
3.1 Governing Requirements
3.2 License Regulation
3.3 License Fee
3.4 Liability Insurance and Indemnification
3.5 Cooperation with Grantor's Consultants
4. CONSTRUCTION AND SERVICE REQUIREMENTS
4.1
General
4.2
Right of Inspection of Construction
4.3
Provision of Free Service
4.4
Extension of Service
4.5
Entry on Private Property
4.6
Tree Trimming
4.7
Identification of Construction Crews
4.8
Employee Training Sessions
4.9
Construction Schedule and Reports
(a) Construction Schedule
(b) Monthly Reports
4.10
System Location Maps
4.11
Laws Not Repealed
4.12
Use of Public Streets, Ways and Other Areas
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS
5.1
System Configuration
5.2
Channel Capacity
5.3
Satellite Earth Stations
5.4
Capacity for Interactive Residential Services
5.5
Cablecasting Facilities
5.6
Emergency Alert Capability
5.7
Standby Power
5.8
Parental Control !,Lock
5.9
Technical Standards -- General
5.10
Applicable Technical Standards
(a) Forward Sig als
(b) Reverse Sig als
5.11
Performance Test ng
5.12
Maintenance and epair
5.13
Cooperation withlBuilding Movers
6. SERVICES
AND PROGRAMMING
6.1
Initial Servicesland Programming
6.2
Alternative Services
6.3
Non -Basic Cable Services
6.4
Leased Channel Service
6.5
Basic Subscriber'Radio Service
7. LOCAL PROGRAMMING OBLIGATIONS
7.1 Access Channel Manager
7.2 Support of Community Programming
8. RATES AND CHARGES
8.1 Rate Regulation -- General
8.2 Rates and Charge$
8.3 Advance Billing 11
8.4 Disconnection for Non -Payment
8.5 Termination Refupd
8.6 Nonstandard Installation
9. PURCHASING, TRAINING AND EMPLOYMENT REQUIREMENTS
9.1 Local Purchasing and Hiring Policy
9.2 Equal Employment',Opportunity and Affirmative
Action Programs
9.3 Employment Training Program
10. RIGHTS OF INDIVIDUALS PROTECTED
10.1 Cable Tapping Prohibited
10.2 Invasions of Privacy and of Personal Rights
Prohibited
10.3 Permission of Property Owners Required
10.4 Protection of Su scriber Privacy
11. RESPONSE TO SUBSCRIBER COM LAINTS
11.1 Local Office and
Aanagement
11.2 Action on Service
Calls
11.3 Telephone Answering
Service
11.4 Collection Account
11.5 Log of Customer Complaints
11.6 Notice to Subscr'bers
11.7 Designation of License
Administrator
11.8 Access to Grante
's Officers
11.9 Notice of Interr
ption
11.10 Records and Reports
12. MISCELLANEOUS
12.1 Termination
12.2 Amendments
12.3 Severability
REA/ 150 3
5/28/86
CABLE LICENSE)
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1986, at La Quinta, Riverside County, California, by
and between the City of La Quinta (hereinafter in some
instances "the Grantor" or "the City"), a municipal
corporation of the State of California, and Coachella Valley
Television, a division of PalmerCommunications
Incorporated, (hereinafter "the Grantee").
W I T N E S S E T H
WHEREAS, the City, pursuant to 5.10 of the Municipal
Code of the City of La Quinta, also known as the "City of La
Quinta-Cable Television License Ordinance" (hereinafter "the
Ordinance"), is authorized to grant one or more non-
exclusive licenses to operate, construct, maintain and
reconstruct a cable television system within the City; and
WHEREAS, Grantee has applied to the City for the issu-
ance of a cable television license pursuant to the Ordi-
nance, and after due considerat'on the City has determined
that Grantee has complied with �11 provisions of the Ordi-
nance for issuance of a non-exclusive license; and
WHEREAS, the City further desires to ensure that its
residents will receive high qua ity, modern cable
communications services in accordance with comprehensive
regulations that will protect t e City and its residents;
NOW, THEREFORE, the Granto hereby grants to Grantee a
non-exclusive cable television license as hereinafter more
specifically described, subject to the provisions of the
Ordinance, this .Agreement and all applicable State and
Federal Laws.
1. GRANT OF LICENSE
1.1 Grant. Grantee s hereby granted for itself,
its successors, and assigns, su ject to the terms and
conditions of this Agreement and the Ordinance, the non-
exclusive authority, right and privilege, for a fifteen
(15) year period from and after the effective date hereof,
to construct, reconstruct, operate and maintain a cable
television system within the st eets and public ways of the
City and to provide cable telev sion service within the City
and all areas subsequently annexed to the City (hereinafter
in some instances "the License"). La Quinta Municipal Code,
Chapter 5.10 is hereby integrated into this agreement by
reference.
This License shall, i all respects, be
interpreted and applied so as t be consistent with La
Quinta Municipal Code, Chapter .10, and the Cable
Communications Policy Act of 19:4, as from time to time
amended (47 U.S.C. Section 521, et seg.), applicable to
California law, and those rules and regulations of the
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Federal Communications Commission applicable to cable
television systems. If any provision of this License or its
application should be inconsistent with any of the
foregoing, such act shall prevail.
1.2 Right of Grantor to Issue License. Grantee
acknowledges and accepts the right of Grantor to issue the
License and Grantee agrees it shall not now or at any time
hereafter challenge this right n any way or in any City,
State or Federal Court.
1.3 Effective Date of License. The License
herein granted shall be effective immediately upon the
passage of a Resolution by the ity Council adopting this
Agreement.
1.4 Duration. The term of the License shall be
fifteen (15) years from the effective date hereof at which
time it shall expire and be of no force and effect.
1.5 Renewal. The Grantee shall have the right to
request renewal of its License 1pon written notice delivered
to the City Council not less than six months before the
expiration of the original term of this License. The
procedures and standards for renewal shall be consistent
with those set forth in 47 U.S.. Section 546, as amended.
A filing fee of $750.00 shall accompany a request for a
renewal. If the License is renewed, the renewal term shall
be for fifteen years and upon such conditions as are
contained in its License as in ffect on the date of its
expiration or upon such other conditions as the City and the
Grantee shall agree. Should the City deny the renewal
request, such denial shall be accompanied by a written
statement setting forth the reasons for such denial. Should
renewal proceedings not be completed prior to the expiration
of the original term of this License, the Grantee shall have
the right and authority to continue operation of its cable
television system pursuant to the terms and conditions of
its License until such time as the renewal proceedings are
finally concluded, unless the delay or failure to complete
the proceedings is due primarily to the action or inaction
of the Grantee; but in no event shall the right to continue
operation under this provision continue for more than three
months after the expiration date of the license.
1.6 License Acceptance. By executing this
Agreement, Grantee accepts the License granted herein and
guarantees performance of all its obligations hereunder.
2. DEFINITIONS
For the purposes of t is Agreement, the following
words, terms, phrases, and thei derivations shall have the
meanings given herein. When not inconsistent with the con-
text, words used in the present tense include the future
tense, words in the plural number include the singular num-
ber, and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely
directory. The definitions contained in the Ordinance are
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incorporated herein as if fully
definition of "Street" found in
set forth; however, the
the Ordinance in Section
5.10.010(F) shall also include those areas set forth in
Section 2.8 below.
2.1 "Access Channel r
tion designated by the City to
local or valley -wide entity to
tion of local access programmi
anager" means an organiza-
erve as the appropriate
romote and supervise produc-
2.2 "Agreement" mean this Agreement and any
amendments thereof.
2.3 "Downstream" means a signal traveling from
the cable system's technical control center to a subscri-
ber's location.
2.4 "Grantee" means oachella Valley Television,
a division of Palmer Communicat ons Incorporated.
2.5 "Institutional Service" means such video,
audio, data and other services provided to institutional
users on an individual applicat on, private channel basis.
These may include, but are not imited to, two-way video,
audio or digital signals among 'nstitutions or from institu-
tions to residential subscriber .
2.6 "Monitoring" mea s observing a one-way com-
munications signal, or the abse ce of a signal, where the
observer is neither the subscri er nor the programmer,
whether the signal is observed
means, for any purpose whatsoever.
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visual or electronic
2.7 "School" means a y public educational insti-
tution including primary and se ondary schools, colleges and
universities and all similarly situated private and paro-
chial educational institutions hick have received approp-
riate accreditation from the St to of California, and where
required, from other authorized *crediting agencies.
2.8 "Public Streets,lWays_ and Other Areas" shall
include those areas described
Ordinance. In addition, public
areas shall include public stre
properties, and public easement
include but shall not be limite
dedication to the City or the
City and the County of Riversi
Section 5.10.010(F) of the
treets, ways, and other
ts, highways, alleys, public
of the City, and shall
to any easement created by
unty of Riverside, or the
for public utility purposes
or any other purpose whatsoever. This definition is
intended to include all areas within which Grantee may place
its wires, conduits, and appurtenances, as set forth in
California Government Code Section 53066.
2.9 "Tier" means any of the groups of channels
and services for which a separate monthly charge to sub-
scribers is established.
2.10 "Upstream" means a signal path from a sub-
scriber or other inpoints on th cable system to the tech-
nical control center.
2.11 "Year" means the remaining portion of 1986.
Thereafter, the "year" means a ull calendar year.
W.
2.12 "Gross Annual Revenues" means all revenues
received by Grantee from the
within the City of La Quinta.
rations of the cable system
n the case of revenues which
are derived on a system -wide ba is, such revenues shall be
calculated on the basis of the :umber of subscribers served
in the City as a percentage of he total number of
subscribers served by the Syste .
3. GENERAL REQUIREMENTS
3.1 Governing Requir ments. Grantee shall comply
with the requirements of this Agreement, the Ordinance, and
applicable state and Federal law.
3.2 License Regulation. The License granted
under this Agreement shall be subject to regulation by Gran -
for in accordance with the provisions of this Agreement, the
Ordinance, and applicable Federal and State Law. Grantor
shall give Grantee written notice of any amendments to the
Ordinance prior to adoption by he City Council of the City.
3.3 License Fee. Su ject to all applicable
Federal and State rules, regula ions and policies, the
License fee shall be five perce t (5%) of Grantee's Gross
Annual Revenues, payable by the Grantee to Grantor in
quarterly installments.
3.4 Liability Insurance and Indemnification.
Upon the effective date of the License, Grantee shall fur-
nish proof that satisfactory liability insurance policies in
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accordance with the provisions of Section 5.10.070(C) of the
Ordinance are in effect, in thelminimum amounts of:
As required by the St to
of California
$500,000.00
Worker's Compensation
Comprehensive General
Liability*
*Including liability for property damage and motor
vehicle. Grantor shall be named as an additional
insured for this policy.
3.5 Cooperation with Grantor's Consultants. The
Grantee shall reasonably cooperate with and assist all
consultants employed by Grantor in the administration,
regulation, and enforcement of he License.
4. CONSTRUCTION AND SERVICE REQUIREMENTS.
4.1 General. The Grantee shall meet or exceed
all of the material construction and service requirements
provided by this Agreement, the Ordinance and all other
applicable laws. The Grantee shall meet the service
requirements regardless of whether subscriber penetration
and/or revenue projections prove to be correct. It is the
Grantor's intent that Grantee shall not be penalized for
minor breaches of the terms hereof so long as its best
efforts are maintained.
4.2 Right of Inspection of Construction. Grantor
shall have the right to inspect all construction, upgrading
and installation work performed subject to the provisions of
the License and to make such tests at its sole expense as it
shall find necessary to ensure compliance with the terms of
the License and other pertinent provisions of law. The costs
of such tests shall be borne by the Grantor unless such
tests are made necessary by the Grantee's failure to
adequately or properly perform the tests required by the
Ordinance or this Agreement.
4.3 Provision of FreE Service. Grantee shall
provide one (1) free drop and basic service to each govern-
ment facility and school. For service monitoring purposes,
City Hall service shall include all available services.
4.4 Extension of Service. New residences con-
structed in energized cable areas shall be offered service
within thirty (30) days after occupancy. Grantee shall
extend distribution lines to new developments or to unserved
areas within the territory subject to the License and
provide service at the standard installation charge where
there are a minimum of 40 dwelling units per cable route
mile or fraction thereof and a minimum total of at least 30
dwelling units.
4.5 Entry on Private Property. Except as
permitted by law, the Grantee shall not enter upon or
encroach upon or interfere with or obstruct any private
property without the express consent of the owner or agent
in possession thereof. The authority and permission given
by the License shall not be construed to grant or imply any
permission or license to do so.
4.6 Tree Trimming. The Grantee shall not remove
any tree or trim any portion, either above, at or below
ground level, of any tree withir any public place without
the prior consent of the Grantor. The Grantor shall have
the right to do the trimming requested by the Grantee at a
reasonable cost to the Grantee.
4.7 Identification -of: Construction Crews. Every
employee of the Grantee or its construction contractors or
subcontractors shall be clearly identified on sight to the
public as a representative of the Grantee. Every vehicle of
the Grantee, its construction contractors, or subcontractors
shall be similarly identified. The Grantee's telephone
number shall also be clearly marked on all such vehicles.
All letters and numbers on such vehicles shall be at least
three (3) inches high.
4.8 Employee Traini.ng Sessions. The Grantee
shall hold training sessions which will be attended by each
construction employee, whether the employee of the Grantee
or its contractors or subcontractors, for instruction in
proper practices and community relations.
4.9 Construction Sch dules and Reports.
(a) Construction Schedule. Pursuant to
Section 10 of the Ordinance, Attachment C lists the schedule
for construction of Grantee's Cable Communications System.
(b) Monthly Re rts. The Grantee shall
submit to the Grantor monthly c nstruction and upgrading
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progress reports outlining the
been constructed and upgraded a
reas of the City which have
which have been energized.
4.10 System Location gaps. Attachment D contains
maps showing the accurate as -built location of all of Gran-
tee's facilities in place as of the effective date of the
License. Upon removal, change or abandonment of any of its
facilities, the Grantee shall, within thirty (30) days
thereafter, file a revised map or maps showing the location
of all such additional removed or abandoned facilities as of
that date.
4.11 Laws Not Repealed. The approval of this
Agreement shall not amend or otherwise modify any other
provisions of the La Quinta Municipal Code or other laws or
regulations of the Grantor. The components of the cable
television system, other than coaxial cable and appur-
tenances placed in or over City streets, shall be con-
structed or placed in accordancE with the land use laws of
the Grantor, provided, however, that the Grantee shall
construct or place antenna towers and other headend equip-
ment pursuant to the terms of a conditional use permit
obtained and processed in the manner provided therefor by
the La Quinta Municipal Code.
4.12 Use of Public Streets, Ways and Other Areas.
For the purpose of operating and maintaining the cable sys-
tem in the City, the Grantee ma
repair, replace, reconstruct,
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erect, install, construct,
d retain in, on, over,
under, upon, across, and along he public streets, ways and
other areas of the City, as def ned at Section 2.8 above,
such wire, cables, conductors, ducts, conduits, manholes,
amplifiers, appliances, pedestals, attachments, and other
property and equipment as are necessary and appurtenant to
the operation of the cable system. Such installations shall
generally be in accordance with standard industry practice
and shall comply with all applicable codes and requirements
established by law. Prior to construction or alteration,
however, the Grantee shall in each case file detailed loca-
tion and construction plans witl the appropriate Grantor
agencies and utility companies, and shall receive written
City approval before proceeding except where emergency
situations requiring emergency repairs do not allow for
prior notice. Grantor shall have the right to inspect all
construction performed by Grantefe to insure compliance with
all applicable requirements.
5. SYSTEM DESIGN AND PERFORMANCE REQUIREMENTS.
5.1 System Configuration. The cable television
system shall consist of a resid ntial network which shall
provide bi-directional communic tion capability in its
initial configuration. Grantor shall have the right to
request that an institutional network be provided at such
time as it shall be demonstrated
ible.
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to be economically feas-
5.2 Channel Capacity. The cable television sys-
tem shall be installed to deliver signals at frequencies up
to 400 megahertz (MHz), with specific capacity as indicated
below.
Signal
Cable Signal Frequency Channel
Network Direction Range Capacity
Forward Downstream 50-400MHz 54 Channels
and FM
Reverse Upstream 5-30 MHz 4 and data
The cable television system shall provide at a
minimum 32 activated channels. At such time as demand
develops for additional activated channels, Grantor and
Grantee shall negotiate in good faith the number of acti-
vated channels to be added, not to exceed a total of 54
channels, and the schedule upon which they are to be made
available.
5.3 Satellite Earth Stations. Grantee shall
provide two (2) satellite earth stations, or the equivalent
in reception capacity. Throughout the term of this
Agreement or any renewal thereof, Grantee shall provide
sufficient earth station reception capability to receive
signals from all operational communications satellites that
generally provide at least six (6) established program
services carried by cable systems.
5.4 Capacity for Interactive Residential Ser-
vices. Grantee shall provide initially the capability for
security alarm monitoring and stall make such capability
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available to private local security organizations on a
leased channel basis pursuant tc Section 6.4 of this Agree-
ment. To the extent customer equipment necessary for such
services, such as addressable interactive converters, home
terminals and home detectors, iE provided by Grantee, it
shall be made available in accordance with established and
uniform rate schedules. Within three (3) years after
request by the City, all existing cable service within the
City shall be made interactive capable. All new cable
services installed after the execution of this Agreement
shall be interactive capable on installation.
5.5 Cablecasting Facilities. Grantee shall
maintain and operate a color -equipped studio with full
capability for live programming within the service area of
its cable television system. Upon prior notice to the
Grantee, Grantee shall provide reasonable access to such
facilities, at no charge, for c blecasting local
governmental, educational and public affairs programming
under the reasonable supervision and control of the Grantee.
5.6 Emergency Alert Capability. Grantee shall
provide the system capability to transmit an emergency alert
signal to all participating subscribers. Grantee shall also
provide an emergency audio override capability to permit
Grantor to interrupt and cablec st an audio message on all
channels simultaneously in the avent of disaster or public
emergency. Grantee may satisfy this requirement by pro-
14-
viding a device which permits an authorized person with an
appropriate access code to activate the emergency alert
system via a touch-tone telephone instrument.
5.7 Standby Power. Crantee shall provide standby
power at the cable communicatio s system control center and
at all hubs.
5.8 Parental Control Lock. Grantee shall pro-
vide, upon the request of a subscriber, a parental control
locking device or digital code that permits the subscriber
to prevent the viewing of a particular cable service during
periods of time selected by such subscriber.
5.9 Technical Standards -- General. The Federal
Communications Commission (FCC) Rules and Regulations, Part
76, Subpart K (Technical Standards), shall apply to Gran-
tee's cable operations. However, because of the recent
development of interactive and other innovative services,
modifications of FCC standards, as presented in the specifi-
cations below, are considered necessary to meet system
service objectives. Grantee agrees to exert its best
efforts to continually maintain and improve the cable
television system to meet the h ghest state of the art
standards.
5.10 Applicable Technical Standards.
(a) Forward Si als -- Class I Channels.
The system shall be capable of carrying 54 Class I Tele-
vision Channels and the full FM broadcast band. The com-
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bined forward trunk and distrib tion system shall deliver
signals to each subscriber's to evision receiver that will
meet or exceed the following specifications at the mean
system temperature of +70 degre s F. This shall include the
effects of drop cables, interio splits and any terminal
equipment such as descramblers and set -top converters.
1.
Carrier -to -Noise
36 db
2.
Hum Modulation
5%
3.
Peak -to -Valley
Any 6 MHz channel
6 db
5-30 or 5-4
0 MHz
12 db
4.
Adjacent Channel
3 db
5.
Composite Triple
Beat
-53 db
6.
Cross Modulation
-53 db
(b) Reverse Si
als --
The reverse channels
shall have the capability of providing return signals from
any subscriber tap to the ext
noticeable signal degradation
end of any area without
interface.
(1) The sy tem capability shall include
transmission of color video, bl ck and white video, and both
low and high speed data, whether analog or digital.
(2) If necessary to prevent the build-
up of noise and distortion products, the area shall be
divided into sections, and sub -trunks run to a central hub
within the area. Equivalent alternatives such as address-
able taps or switches may be ut'lized.
of
(3) No mor than 15 dBmV output level
shall be required out of any cu tomer interface device to
meet the system specifications.
(4) Where pplicable, the end of the
system specifications shall inc ude the effects of any sig-
nal reprocessing equipment nece sary to achieve forward
transmission.
(5) For C1 ss I signals, the signal
delivered to the subscriber's t levision receiver, after
being transmitted to the headen , processed and retrans-
mitted down a forward channel, :hall meet the FCC specifica-
tions for Class I signals.
5.11 (a) Performance Testier. Grantee shall
perform all tests necessary to determine compliance with the
technical standards of FCC Rule
the following as a minimum:
Initial Proof of
Annual Complianc
Tests in Respons
Monthly Monitor
76.601. Tests shall include
Performance
Tests
to Subscriber Complaints
ests
Written records of tests result shall be maintained, and
shall be available for Grantor nspection upon request.
Upon request, the Grantee shall provide the Grantor with
copies of such records without charge.
(b) The tests for the cable system may be
performed periodically, at intervals of six (6) months, on a
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suggested minimum of twenty (20) subscriber television
terminals, located throughout the service area. At least
eight (8) of these locations should be at the far end of the
distribution trunk cables. AtGrantor's request, the tests
shall be witnessed by representatives of the Grantor and
written test reports shall be submitted to the Grantor. If
more than ten percent (10%) of the locations tested fail to
meet the performance standards, the Grantee may be required
to indicate what corrective mea ures have been taken and the
entire test may be repeated for at least twenty (20)
different locations. If a second test results in failure of
more than ten percent (10%) of the locations, the Grantor
may, at its option, pursue any remedies available to it
consistent with the Ordinance.
5.12 Maintenance and Repair. The Grantee shall
maintain a preventative maintenance policy directed toward
maximizing the reliability and operation of the cable tele-
vision system with respect to delivery of service to sub-
scribers at or above the performance standards prescribed by
this Agreement. The Grantee shall maintain a repair res-
ponse capability comprised of qualified technicians, service
vehicles and equipment to provide prompt and efficient
repair service within the standards prescribed in the
Ordinance. In cases of routine outages, Grantee shall
respond to requests for service within 24 hours after
receipt thereof.
5.13 Cooperation with Building Movers. The Gran-
tee shall, upon the request of any person holding a building
moving permit, issued by the Grantor, temporarily raise or
lower its wires to permit the moving of buildings. The
expense of such temporary removal, raising or lowering of
wires shall be paid by the person requesting the same, and
the Grantee shall have the authority to require payment in
advance. The Grantee shall be given not less than five (5)
working days advance notice to arrange for such temporary
wire changes.
6. SERVICES AND PROGRAMMING.
6.1 Initial Services and Programming. Upon the
commencement of the term of this Franchise, Grantee shall
provide the services and programming listed in Attachment A.
If any listed service shall become unavailable, cannot be
provided under existing FCC regulations, or is determined by
Grantee to be economically unfeasible, Grantee shall
provide, if available, substitute programming considered in
its sole discretion at least as attractive to cable system
subscribers. To the extent required by applicable Federal
and State Law, Grantee may not reduce the number of program
services or restructure the tier format without prior
written notification to, and approval by, Grantor.
Grantor's approval shall not be unreasonable withheld and
its written decision shall be given to Grantee within thirty
(30) days from the receipt of notification. Grantee may add
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new services at any time. Grantee may combine programming
into composite channels to improve efficiency of channel
utilization or to attract a larger viewing audience. Before
making any such changes, reasonable notice shall be given by
the Grantee to the Grantor prior to the change.
6.2 Alternative Services. As an alternative to
the services listed in Section 6.3, 6.4 and 6.5 below and to
the extent permitted by Federal or State Law, Grantor may
request Grantee to provide the same services and tier struc-
ture provided by Grantee to neighboring communities.
6.3 Non -Basic Cable Services. In addition to the
Basic Subscriber Services listed in Attachment A, Grantee
shall initially offer the following optional pay -television
services or equivalent programming of the same general class
to the extent such service and programming are available:
Home Box Office Showtime
The Disney Channel The Movie Channel
Cinemax Galavision
The offering of these pay -television services
shall be consistent with applicable State and Federal Law
and Grantee shall have the right to delete or add pay -
television services as it shall deem desirable.
6.4 Leased Channel Service. Grantee shall offer
leased channel service on reasonable terms and conditions in
accordance with applicable Federal Law.
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6.5 Basic Subscriber Radio Service. Grantee may
provide basic subscriber local FM radio service to its
subscribers.
7. LOCAL PROGRAMMING OBLIGATIONS.
7.1 Access Channel Manager.
(a) Grantor may designate an organization to
serve as the appropriate local or valley -wide entity to
promote and supervise the production of local programming in
the service area of the cable system.
(b) In the event the entity designated by
Grantor does not have an existing Board of Directors or
other appropriate administrative structure, the Grantor may,
subject to agreements with other entities or public
entities, appoint a Board of Directors, serving at the
pleasure of the Grantor, to administer such corporation.
Grantee shall be represented by a non -voting member of the
Board who shall act as a liaison between such entity and the
Grantee.
(c) Grantee shall provide financial support
in an amount determined by Grantor and Grantee to be reason-
able in an amount of one thousand ($1,000.00) per year,
payable June 1, 1986, and on June 1 of each year thereafter
during the term of this Franchise and during the term of any
renewal thereof, for public benefit usage of the cable
system. All such support shall be provided directly to the
Access Channel Manager for allocation to public users.
-21-
Grantor and Grantee may enter into additional agreements to
provide additional support for such organization.
(d) All public benefit monies may be
allocated by the Access Channel Manager upon reasonable
notice to the Grantee.
7.2 Support of Community Programming. To facili-
tate maximum utilization of the cable system for community
programming, Grantee shall:
(a) Permit reasonable and non-discriminatory
use of one (1) cable channel each for local governmental,
educational and public affairs programming, provided, how-
ever, that when such channels are not in use for their
designated purpose, they shall be available for use by
Grantee on a preemptible basis.
(b) Conduct a reasonable number of free
video training workshops, as requested by Grantor, to train
access users in cablecasting techniques and equipment.
(c) Conduct an annual advertising and promo-
tional campaign to familiarize residents of the City with
the cable system's access facilities.
(d) Development of a student internship
program with local schools for a minimum of two (2) interns
per year.
(e) Provision of a training program for
minority individuals and women in video techniques and
community programming.
MVIC
8. RATES AND CHARGES.
8.1 Rate Regulation -- General. To the extent
that Federal and State Law permit, Grantee's rates shall be
governed by Sections 5.10.100(A) and 5.10.110(B) of the
Ordinance and the following subsections.
8.2 Rates and Charges. Grantee's rates and
charges for its services are listed in Attachment B hereto.
Modification of such rates and charges shall be pursuant to
applicable Federal and State Law and the limitations imposed
by the Ordinance.
8.3 Advance Billing. The Grantee may bill sub-
scribers bi-monthly for basic service.
8.4 Disconnection for Non -Payment. Delinquent
subscriber's service can be terminated thirty (30) days
after payment is due.
8.5 Termination Refund. In the event a sub-
scriber terminates service during, or in advance of, any
period of which a prepayment has been made, the Grantee
shall refund a prorated portion of the unused payment.
8.6 Nonstandard Installation. In the event a
subscriber is located more than 150 feet from the nearest
distribution cable or otherwise requires special wiring, the
installation charge shall be the actual cost of labor and
materials plus ten percent (10%).
-23-
9. PURCHASING, TRAINING AND EMPLOYMENT REQUIREMENTS.
9.1 Local Purchasing and Hiring Policy. To the
maximum extent feasible, Grantee shall establish a policy of
employing local residents within its service area, and of
utilizing local firms for purchases and construction
subcontracts.
9.2 Equal Employment Opportunity and Affirmative
Action Programs. Throughout the term of the franchise,
Grantee shall conduct its business as an Equal Employment
Opportunity/Affirmative Action Employer. In addition,
throughout the term of the franchise, the Grantee shall
maintain a policy that all employment decisions, practices,
and procedures are based on merit and ability without
discrimination in violation of State or Federal law on the
basis of an individual's race, color, religion, age, sex,
national origin, or physical handicap. The Grantee's policy
shall apply to all employment actions including advertising,
recruiting, hiring, promotion, transfer, remuneration,
selection for training, company benefits, disciplinary
action, lay-off and termination. The Grantee shall carry
out this policy through continued dedication to a determined
and sustained effort to provide equal employment
opportunities to all by taking affirmative action to employ
and advance in employment qualified women, minorities,
persons who are physically handicapped and veterans. The
Grantee shall provide to the Grantor a written Affirmative
-24-
Action Program to carry out this policy no later than sixty
(60) days after the effective date of this Agreement.
9.3 Employment Training Program. Consistent with
the provisions of Section 9.1, Grantee shall conduct an
aggressive training program to train local residents,
particularly the unskilled and the semi -skilled, for
employment in the cable industry to the extent that such
persons are trainable to a skill level in positions which
meet the employment needs of Grantee.
10. RIGHTS OF INDIVIDUALS PROTECTED.
10.1 Cable Tapping Prohibited. Neither the
Grantee nor any person, agency, or entity shall, without the
subscriber's consent, tap, nor arrange for the tapping, of
any cable, line, signal input device, or subscriber outlet
or receiver for any purpose except routine maintenance of
the system.
10.2 Invasions of Privacy and of Personal Rights
Prohibited. In the conduct of providing its services or
pursuit of any collateral commercial enterprise resulting
therefrom, Grantee shall take any and all necessary action
to prevent an invasion of a subscriber's or general
citizen's right to privacy or other personal rights as such
rights are delineated and defined by applicable law.
Grantee shall not without lawful court order or other
applicable valid legal authority utilize the system's
-25-
interactive two-way equipment or capability for unauthorized
personal surveillance of any subscriber or general citizen.
10.3 Permission of Property Owners Required. No
cable line, wire, amplifier, converter, or other piece of
equipment owned by Grantee shall be installed by Grantee
without first securing the written permission of the Owner
of any property involved; provided, however, that where the
the property owner or his predecessor has granted an
easement including a public utility easement or a servitude
to another and the servitude by its terms contemplates
public use or uses such as Grantee's intended use, Grantee
shall not be required to secure the written permission of
the owner for the installation of cable television equipment
or facilities unless Grantee elects to do so.
10.4 Protection of Subscriber Privacy. The
Grantee shall protect subscriber privacy in the manner
required by the provisions of Section 551 of Title 47 of the
United States Code.
11. RESPONSE TO SUBSCRIBER COMPLAINTS.
11.1 Local Office and Management. During the term
of this license and any renewal thereof, the Grantee shall
locate and maintain within the service area of its cable
television system, or within fifteen miles of the franchise
territory:
-26-
(a) The office of its local manager and its
business office serving this cable television system,
including the billing collection office;
(b) The service office for the purpose of
receiving all complaints regarding the quality of service,
malfunctions and similar matters arising out of its
construction and operation of this cable system;
(c) All trucks, equipment and employees
providing service to this cable system.
The local office, including the service
office, shall be open to receive inquiries or complaints
from subscribers during normal business hours and in no case
less than 9:00 a.m. to 5:00 p.m., Monday through Friday
(inclusive), excluding legal holidays.
11.2 Action on Service Calls.
(a) The Grantee shall maintain a service
repair force sufficient to respond within a reasonable time
to any individual interruption of service and also
sufficient installation force to minimize delay for service
installation.
(b) Any service complaint shall be
investigated and acted upon as soon as possible. Grantee
shall make a diligent, good -faith effort to resolve any
service complaint within twenty-four (24) hours of receipt.
The Grantee shall credit a subscriber's account on a pro
-27-
rated basis for loss of service commencing twenty-four (24)
hours after said loss upon the request of the subscriber.
11.3 Telephone Answering Service. The Grantee
shall provide a state-of-the-art telephone answering service
to receive all construction and service complaints that will
assure that only a minimum of callers shall receive busy
signals when telephoning the office. A sufficient number of
customer service representatives will be provided so that
callers are not required to wait beyond a reasonable time
for such service. The telephone number of the local office
shall be listed in the telephone directories serving the
City. The telephone service shall be operable to accept
complaints twenty-four (24) hours a day, seven (7) days a
week. Inquires and complaint calls shall be accepted in
person over the telephone twenty-four (24) hours a day,
seven (7) days a week.
11.4 Collection Account. The Grantee shall
maintain an account in a bank located within the service
area of its cable television system for depositing monies
received from subscribers of this cable system and for
making refunds and other payments to such subscribers.
11.5 Log of Customer Complaints. The Grantee
shall keep a maintenance service log which will indicate the
nature of each service complaint, its location, the date and
time it was received, the disposition of said complaint and
the time and date thereof for a period of three (3) years
from the occurrence of the complaint. The log shall be made
available at reasonable times for periodic inspection by the
Grantor at its request.
11.6 Notice to Subscribers. The Grantee shall
provide written notice to each subscriber at intervals of
not more than one (1) year, of the procedure for reporting
and resolving subscriber complaints, including the
subscriber's right to complain in writing to the Grantor of
the Grantee's failure to resolve a service complaint which
is preventable and reasonably within the Grantee's control.
The proper address of the Grantor to which complaints may be
directed shall be included in such notice.
11.7 Designation of License Administrator. The
Grantor or its designee may appoint a City employee or
employees who shall be responsible for continuing
administration of this license and the implementation of
complaint procedures.
11.8 Access to Grantee's officers. Grantee will
give Grantor official access to all levels of its corporate
structure and will, at any reasonable time, meet with the
Grantor officials to discuss issues or problems that relate
to its cable system.
11.9 Notice of Interruption. The Grantee shall
provide notice to the cable system's subscribers of any
planned interruption affecting fifty (50) or more
subscribers for any period, or where any planned
-29-
interruption affects any number of subscribers for a period
of more than one (1) hour, unless such interruption is
unforeseen and immediately necessary. Reasonable notice of
any such planned interruption shall be given to subscribers
by an appropriate announcement on the system's local
origination channel.
11.10 Records and Reports. The records which
Grantee shall maintain at its local business office and the
reports which it may be required to provide to Grantor at
its request shall consist of books, records, maps, plans,
service complaint logs, performance test results and other
like materials of the Grantee which relate to the operation
of the cable system. Financial information deemed
confidential, privileged or proprietary by Grantee shall be
afforded such treatment by Grantor and its agents.
12. MISCELLANEOUS.
12.1 Termination. This license may be terminated
prior to its date of expiration by the City Council in the
event the Council finds, after thirty days, notice of the
supposed termination and after a full public hearing of
forwarding due process, that
(a) the Grantee has failed to comply with
any provision of this Agreement; or
(b) any provision of this Agreement has
become invalid or an enforceable and the City Council
-30-
further finds that such provision constituted a
consideration material to the granting of this license; or
(c) the City acquires the cable television
property of the Grantee.
Failure to comply with any of the conditions of this
License, shall constitute cause for the forfeiture hereof,
in addition to all of the rights held by the City. If this
City forfeits this License, Grantee shall be excluded from
any further operations hereunder. If the License is
forfeited by the City, or if the Grantee shall cease
operations under this License for any reason, Grantee shall
contact the City Public Works Commissioner, or such other
person as the City may designate, and perform all work
necessary to attain certification that any facilities
installed by Grantee in the public roads pursuant to
encroachment permits have been removed or left in a
condition that does not require removal and that no further
action is needed to protect the public interest.
12.2 Amendments. This Agreement may be amended
only by the mutual written agreement of the parties hereto.
12.3 Severability. If any section, subsection,
sentence, clause, or phrase of this Agreement is for any
reason held to be invalid, preempted by state or federal law
or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Agreement. The
-31-
parties hereby declare that they would have executed this
Agreement and each section, subsection, sentence, clause and
phrase hereof, irrespective of the fact that any one or more
of the sections, subsections, sentences, clauses or phrases
hereof be declared invalid or unconstitutional.
IN WITNESS WHEREOF, Grantor and Grantee have
executed this Agreement the date and year first above
written.
APPROVED AS TO FORM:
7ial Coun
`t e City
t1
-32-
CITY OF LA QUI TA
A u ic'pa C oration
ti
B
It p
ATTEST:
Clerk
n
By William J. Ryan, President
Palmer Communications Inc.
74-175 El Paseo P.O. Box 368
Palm Desert. CA 92261
(619) 340-2225
02 - KCBS, CBS Los Angeles
03 - KESQ, ABC Palm Springs
04 - KNBC, NBC L.A./Ads 4-U
05 - KTLA, Independent L.A.
06 - KMIR, NBC Palm Springs
07 - KABC, ABC Los Angeles
08 - KCL'T, PBS Los Angeles
09 - KHJ, Independent L.A.
10 - KTEN, local/Prime Ticket
11 - KTTV, Independent L.A.
12 - SIN Television Network
13 - KOOP, Independent L.A.
14 - Lifetime
15 - Satellite Program Network
16 - Nashville Network
17***Showtime
is - Viv
CHANNEL LINE-UP
19***Galavision
20***The Movie Channel
21 - Arts & Entertainment
22***Home Box Office
23***Cinemax
24 - ESPN
25 - CNN Headline News
26 - USA Network
27 - Christian Broadcast Network
28 - The Weather Channel
29 - Video Hits One
30 - C-Span
31 - Nickelodeon
32 - Reserved for future use
33***Disney Channel
34 - Cable News Network
35 - Government Access
36 - Educational Access
If you have any questions please call..............340-2225 or 341-2888
Repairs .... 340-4555
All channels are subject to change without notice.
***Optional
Coachella Valley Television/CVTV Channel 10
Services of Palmer Communications, Incorporated
ATTACHMENT "A"
EXHIBIT "B"
TO FRANCHISE APPLICATION
Schedule of proposed rates and charges for
cable television services to subscribers
within the City of La Quinta
CQACEMLIA VAi T F'Y TELMSICN PRICE LIST
Basic cable service (1 outlet) ................................................$ 11.00
Eachadditional outlet .................................................. ....$ 3.15
(24 channels with cableready TV set)
Extended basic service........:...............................................$ 3.00
Wireless remote control.......................................................$ 5.00
Installation on first outlet .................................................. 30.00
Installation on any additional outlets ......................................... 10.00
Installation Premium Service (addressable only) ...............................$ 10.00
Installation Premium Service (Truck roll).... ; ................................ $ 10.00
Lateral Swap 1 premium for another (Truck roll).......... ....................`, 30.00
Lateral Swap 1 premium for another (addressable) .............................$ 10.00
InstallationFM...........................1..................................$ 20.00
FM on additional outlet.......................................................$ 3.15
Relocateoutlet.............................................................5 30.M .
Reconnectservice.............................................................$ 30.00
VCR hook-up at same -time of installation......................................5 10.00
VCRhook-up.. ............................................. ..............$ 30.00
IIX=TAINMENT CgANNFIIS
M - The Movie Channel H = Home Box Office
S = Showtime C = Cinemax
D = Disney Channel G = Galavision
1 Channel .... ..................... ......................$.11.00.w/remote. $'16.00
1 Channels w/Disney........................................$ 22.00 w/remote $ 27.00
2 Channels ................................... ...........$ 21.00 w/remte $ 26.00
2 Channels w/Disney......................................... $ 32.00 w/remote $ 37.00
3 _Channels... ....................... ....................$ 30.00 w/resmte $ 35.00
3 Channels w/Disney........................................$ 41.00 w/remote $ 46.00
4 Channels .................. .............................. ¢ 38.00 w/FREE Ramte
4 Channels w/Di.sney................. .................... .$ 44.95 w/FREE Remote
5 Channels... ......... .................. ..............$ 49.00 w/FREE Remote
.5 Channels w/Disney............. ........ .................$ 55.95 w/FREE Remote`
CVTV VIDF) CLUB
Video Membership ................. .........................$ 37.10 w/Tax
CTIV Video Club for limited service homes.. .................$ 7.50 (monthly)
CVTV Video Club for home with a CVTV (MSCH)................. Free rental tapes
Star Ship Stereo..... .................. ......... ......$ 7.50 (monthly)
EXHIBIT "C"
TO FRANCHISE APPLICATION
1. System Configuration. CVTV's cable television system within the
City of La Quinta consists of a residential network which is
capable of bidirectional communication in its configuration.
2. Channel Capacity. The cable television system has been installed
to deliver signals at frequency up to 400 megahertz (MHz), with
specific capacity as indicated below.
Cable
Signal
Signal
Channel
Network
Direction
Frequency Range
Capacity
Forward
Downstream
50-400 MHz
54 Channels/FM
Reverse
Upstream
5-30 MHz
4 and data
The cable television system shall provide at a minimum 32
activated channels. At such time as demand develops for
additional activated channels, grantor and grantee shall
negotiate in good faith the number of activated channels
to be added, not to exceed a total of 54 channels, and the
schedule upon which they are to be made available.
3. Satellite Earth Stations. Grantee shall provide two satellite
earth stations, or t e equivalent in reception capacity. Grantee
shall provide sufficient earth station reception capability to
receive signals from all operational communication statellites
that generally provide at least six established program services
carried by cable systems.
4. Capacity for Interactive Residential Services. Grantee shall
provide initially the capability for security alarm monitoring
and shall make such capability available to private local
security organizations on a leased channel basis.
5. Cable Casting Facilities. Grantee shall maintain and operate a
color equipped studio with full capability for live programming
within the service area of the Coachella Valley cable television
system.
6. Emergency Alert Capability. Grantee shall provide the system
capability to transmit an emergency alert signal to all parti-
cipating subscribers.
7. Standby Power. Grantee shall provide standby power at the cable
communication system control center and at all hubs.
8. Applicable Technical Standards.
(A) Forward signals - Class I Channel Signals. The system shall
be capable of carrying 54 Class I television channels and
the full FM broadcast band. The combined forward trunk and
distrubtion system shall deliver signals to each subscriber's
television receiver that will meet or exceed the following
specifications at the mean system temperature of + or - 70
degrees F. This shall include the effects of dropped cables,
interior splits, and any terminal equipment such as de -
scramblers or set top converters.
(1) Carrier to noice 36 Db
(2) Hum modulation 5%
(3) Peak to valley NE6 MHC channels 6 Db -
5 to 30 or 5 to 400 MHC 12 Db
(4) Adjacent channel 3 Db
(5) Composite triple beat - minus 53 Db
(6) Cross modulation - minus 53 Db
(B) Reverse Signals. The reverse channels shall have the
cap�i'lity of providing return signals from any subscriber
tap to the extreme end of any area without noticeable
signal degredation or interface.
(1) The system capability shall include transmission of
color video, black and white video, and both high and
low speed data, whether analog or digital.
(2) If necessary to prevent the build up of noise and
distortion products, the area shall be divided into
sections, and subtrunks run to a central hub within
the area. Equivalent alternatives such as addressable
taps or switches may be utilized.
(3) No more than 50 dBmV output level shall be required
of any customer interface device to meet the system
specifications.
74175 IL PASBO.•..714. 346.8157
Aril,, 1C 3", PALM DESERT, CAUF. 42260
"CC
PERFORMANCE
TESTLOG
FCC 76. 601(c)
The operator of each cable television
system shall conduct complete perform
ance tests of that system at least
once each calendar year (at intervals
not -tb exceed 14 months) and shall
maintain -the resulting test data on
file at the system's local office for
least .ive (5) nears. It shall be
made available for inspection by the
Commission on request.
SYSTEM. -LA QL'INTA -
DATE •12/15/85 -
COACIUD L.LA VALLEY TELEVISION
-3 FCC TESTS
Calle Chillon @ Ave Villa La Quinta
Stageline Dr. @ Double Diamond Thousand Palms
E1 Toro @ Don Quixote Rancho Mirage
Cholla Dr. @ Cat Creek Palm Desert
Burr St. @ Ave 41 Indio
Calhoun St. @ Ella Thermal
Tyler St. @ Castro's R.V. Coachella
Indio Springs Dr. Indio
Country Club @ Lake Mirage Rancho Mirage
r•',. ?ialgar @ Ocotillo Rancho Mirage
Raymond @ National Lumber Cathedral City
Date Palm @ Baristo Cathedral City
' 74.175 EL PASEO - 714 - 34&8157
BOX 368, PALM DESERT, CALIF. 92260
SUMMARY OF FCC STANDARDS (From FCC Rules and Regulations, Part 76, dated September, 1
as amended October 10, 1973. Applicable to all Class 1 0) Cable Television Channels.)
FCC Reference
System Parameter
Standard
78(a) t11
Channel frequency boundaries
Refers to channel frequency assignments
(Sect, 73.603(a) of Rules). FCC approval
required for non-standard assignment..
No test required.
76.605(a) (2)
Visual carrier frequency
without set converter (2)
1.25 MHz t 25 kHz above lover boundw
of channel
with set converter
1.25 MHz t 250 kHz above lower
boundary of channel
76.505(s) (3)
Aural carrier separation(31
4.5 MHz t 1 kHz above visual carrier
frequency
76.605(s) (4)
Minimum visual carrier level
0 damV
75.605(a) (5)
Visual carrier level variation
For any channel over 24 hr. period
12 dB, max.
Between adjacent channels
3 dB, max.
Between any two channels
12 dB, "x.
Maximum level
Not to overload subscriber's set
76.605(s) (a)
Aural carrier level
I 15 3 2 dC below associated visual
carrier level.
76.6051a) - (7)
Num and low-freouency disturbr+ee level
5% peak -to -peak modulation, max.
76.605(413)
Channel frequency response
s 3 ta, na:.: within -C.$ and K
yiaual carrier frequency
76.605(s) (9)
Visual carrier -to -noise ratiol4)
36 dB, min.
Visual cart ier•to•eoehannei ratie(il
36 dE, min..
76.605(8) (10)
Visual car r irm o- coherent disturbance ratio
` 46 dB, min.
16.6051a) (11)
I Subscriber terminal notation
! ID dB, min.
76.605(s) (12)
Radiationl'I
Up to and including 54 MHz
15pV/m, max.: at 100 feet
Over 54 MHz up to and inctuding 216 MHz
20N V/m, max.: at 10 feet
Over .216 MHz
I 15pV/rn, max.: at 100 feet
11) A Class I cable television channel is one in which broadcast teievision'proyrams are relayed to subscriber terminals.
(2) Test not required where signals are carried "on -channel" and Introduced to the cable system by a simple amplifier t
heterodyne proceuarusing a single local oscillator.
(3) Test not -required where the broadcast (ntercarrier separation is not tltered by the transmission of signal to tt:
system or by the cable system itself, .
14) Applicfbie to signals delivered to subscribers within the predicted grade B contour of the signal or first received
the grade B contour,
15) Without regard to cim of cable television channel.
74-175 EL PASEO - 714 - 346-8I57
BOX 368, PALM DESERT, CALIF. C2260
FCC PERFORMANCE TEST LOG
SYSTEM LOCATION PALM DESERT/INDIO/RANCHO MIRAGE
SYSTEM OPERATOR COACHMIA VALLEY J`ELEVISI.UP)
11-1 75 El. PASEQ PA —um DEFFRT -(,A,
92260
DA-E SYSTEM BEGAN OPERATIC
NO. OF SUBSCRIBERS
TEST DATE(S) 12,/?5/85 — 01
TESTS CONDUCTED (Refer to Summary of FCC Standards on next page.)
-- I .
FCC Reference
76.605(s) (1)
76.605(a) (2)
76.605(a) (3)
76.00S(a) (d)
76.605(s) (5)
76.605(a) (6)
76.605(a) 17)
76.605(a) (8)
76.605(a) (9)
76.605(a) (10)
75.605(s) (11)
76.601(a) (12)
System Parameter
Channol frequency boundaries
Visual carrier frequency
Aural carrier separation
Minimum visual earrser level
Visual carrier level variation
Aural carrier level
Hum and iow-trequencv disturbance level
Channe! frequency ►esaonse
Visual carrier -to -noise ratio
Visual carrier •to-cocrianneI ratic
Visual carrier -to -coherent disturbance ratio
Subscriber terminal isolation
tRadiation
Test
Conducted
X
X
X
/A
NR
7
'Insert NR to mean not required (and not tested) at this time according to the most recent tchaduie for testing ordr,:..
by the FCC.
c: vain je -
• 74.175 EL PASEO - 714 - 346.8157
BOX 368, PALM DESERT, CAUF. 92260
.�. TEST PROCEDURES
Where a generally recognized standard test procedure (such as those issued by the NCTA) is used, indt
the issuing agency and the standard number. Where a non-standard test procedure is used, provide a sk,
of the test setup and a description of the procedure on the following pages.
System Parameter
Test Procedure
Standard
Non -Standard
Visual carrier frequency
Aural carrier separation
X
Minimum visual carrier level
Visual canter level variation
Y
Aural c trier level
Hum and low -frequency disturbance level
I X
Channel trequency resaonse
I �•
Visual carrier -to. noise ratio
Visual carrier-totochannel ratio ! NIR
Visual carrier -to -coherent disturbance ratio j ► '.;
Subscriber -terminal isolation
Radiation.
x
l
e
7d-175 EL PASEO • 714 - 346-8157
BOX 368, PALM DESERT, CALIF. 92260
mrM COACIiELLA VALLEY M,EVISIOIN cwm 01 /30/86
LCCATM - PALM DESERT /INDIO /RANCI 10 MIRAGE/ L A QUINT A
STATEMENT OF OUALIFr„iaTi0NS
Steve Schneider TITLE eci nician a)waNY, CVTv
FCC LCME Cuss NIA IMNK K7 N/A rysyATJE N/A_
EXPERCt=___ 9 Years
—
IEDUCQTON NCTI CIIIEF TECH CERTIFIED I
TES ' EDUJPmFlJT
mean
m.mup.Mmom
TFC-7
TEXCAN
Frequency Counter
1880
KAVEIEK
Spectrum Analvzer
- i:, Meter
Di ol.c Antennn
(
j
(
� I
M
i
�
I
1
.(
i
(
(
I
i
10Fr I
Amplitude and Differential of Visual and I,ural Carriers
The CATV Preamplifier and SPectzl.-n J%,nalv-cer sicrnal revels were
calibrated in accordance with the manufacturer's inst.ruc ians. Signals
fr rn the test point of the cor.bining network or the subscriber tap -off
device were then connected to the input of the CATV Preamplifier.
The output of the Preanplifier was connected to the input of the Spectrum
Analyzer. The amplitude cf the visual and aural carrier was recorded.
The amplitude of the aural carriez in a' was then subtracted from the
amplitude of the visual ca`--rier in the db in order to deterridne the
amplitude differential bet -men the visual and aural carriers. The above
test was repeated for all charnels at the headend and subscriber terminal
test locations.
SpectsL^n Analyser
I .
Test Prodecures and Eeuicment Block. Diac.-2-xn - cont.Lnued
Radiation
The output of a calibrated Dipole Antenna was connected directly
to the input of the -Spe,t- Analyzer. The-Zpect um Analyzer was care-
fully calibrated -to establish an ab 1=a reference level. The Dipole.
,- was then positioned within _ten feet of the coaxial cable, rotated zor
maXImum indicated signal and the ampliitued of the signal was read directly
from the Specth n Analyzes._ The indicated amplitude of the Spectrum
Analyzes was then =mpared -to the published dipole correction -facts .chart
and the absolute signal -level was determined therefrom. The above test
was Performed on Cannel 3 and 12 at each subscriber test location.
Dipole
Antenna Spec~ —rum Analyser
"'est Procedures and Block Diagram - cc;.ti.:ueci
Faun 2 baulation
The 1880 A.nalvzer is capable of Autcrre is H:m: Measu_Tement
'e hen the Hum function is initiated the ins= ment autanatLcally
narrows the fzemuency span to 101%2iz and activates an internal filter
before making the actual measurement.
To initiate the measurement an ummodulated carrier at 118 IOL- was
locked and center freQuency. Attenuation was set for optimum level and
the aforementioned Hum function was activated.
Results were displayed both alph-numerically and visually with +/--.11
accuracy. . --1
S_x_ct.rum Ana1._vse_rl
General Description
Coachella Valley Television operates CATV Systems in the
communities of Palm Desert, Indian Wells, Bermuda Dur,es, Indio,
Coachella, La Quinta, Palm Desert Country Club, Thousand Palms,
Rancho Mirage, and Cathedral City. All are in Riverside County ill
California. We operate a central headend of 54 channel capacity
in Palm Desert. Rancho Mirage and Indio are served from Palm
Desert by A.M. Microwave.
Ten Los Angeles Television Broadcast signals are carried on
the system, all of which are delivered to the headend by a common
carrier microwave company. In addition to the Los Angeles signal:,
two television Broadcast Stations from Palm Springs are also
carried. One channel is used primarily for local origination, and
is located at our office on El Paseo Drive, ill Palm Desert. Two
channels have character generator originated advertizing informa-
tion during Network Duplication.
All mid and superband frequencies are occupied by T.V.R.0.
supplied signals from Galaxy I Satcom III or Satcom IVti•';.These
include five scrambled channels carrying Showt:ime, iiBO, The Movie
Channel, and the Disney Channel.
All eleven communities are served by CATV system of conven-
tional solid s
eate design utilizing separate trunk and distribu-
tion facilities.
A complete set of tests were conducted -for each group of
communities at the central headend-including the microwave sys-
tem transmitters and receivers. Measurements were made at three
widely separate points in the system, all of which represent
points most distant from the headend or hub in the geographical
area serviced there -by.
Test equipment used for making the measurements consisted of
the following:
Texcun
Model
TFC-7
Frequency Counter
Wave Tek
Model
1880
Spectrum Analyzer
Wave Tek
Model
SAM III
Signal Analysis Meter
Wave Tek
Model
1880
Spectrum Analyzer
Dipole
Antenna
Test Procedures and Equipment Block Diagrams
Subscriber Terminal Signal Levels and 24 hour Variations
Signals from the subscriber tap -off device were connected to
the input of a Field Strength Meter. The calibrate adjust control
on the Field Strength Meter was adjusted to produce mid -scale read-
ing on the meter. The indicated visual .carrier level of each
channel was then recorded at approximate eight hour intervals over
Test Procedures and 'Block Diagrams - continued
Carries to Noise
A preprc-ramed fur..^~_;;,n of the Wavete} 1-880 Analyzer.
The instrument autam�--ic ally measures the amplitude of both the
carrier and the noise floor, ccffputes the difference and corrects for
band width differences. Accuracy is ± .5 DELII.V.
Spect -arn ;.nalyser
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EXHIBIT A
FIRST AMENDMENT TO CABLE LICENSE AGREEMENT
THIS FIRST AMENDMENT TO CABLE LICgNSE AGREEMENT (the "First
Amendment"), is entered into this _ day of April, 1992, by
and between the City of La Quinta (the "City"), a municipal
corporation of the State of California, and Coachella Valley
Television, a division of Palmer Communications, Inc., a
Delaware corporation ("CVTV").
R E I T A L 5:
WHEREAS, on May 21, 1986, the City and CVTV entered into
that certain "Cable License Agreement" whereby the City granted
to CVTV a nonexclusive cable television franchise in accordance
with La Quinta Municipal Code, Chapter 5.10; and
WHEREAS, CVTV has proposed to transfer and assign its cable
television franchise granted by the Cable License Agreement to
Palmer Cable Associates, a Florida general partnership; and
WHEREAS, La Quinta Municipal Code § 5.10.090(D) provides
that a cable television franchise cannot be transferred without
prior consent of the City Council expressed by resolution, and
then only under such conditions as may therein be prescribed;
and
WHEREAS, CVTV has agreed, as a reasonable condition to the
City Council of the City approving the transfer of the CVTV
cable television franchise, to negotiate a new 15 year
franchise agreement with the City; and
WHEREAS, the City desires assurance that the renegotiation
of the Cable License Agreement will be conducted in a good
faith manner by the parties and will be concluded in a timely
fashion.
NOW, THEREFORE, in exchange for the mutual promises
contained herein and for other valuable consideration, receipt
of which is hereby acknowledged, the City and CVTV agree to
amend the Cable License Agreement as follows:
1. Section 1.4 of the Cable License Agreement is amended
in its entirety to read as follows:
"1.4 Duration. Except as qualified by
Section 1.5 below, the term of the License
shall be fifteen (15) years from the effective
date hereof at which time it shall expire and
be of no force and effect."
2. Section 1.5 of the Cable License Agreement is amended
in its entirety to read as follows:
"1.5 Renewal. Immediately upon the
adoption of a resolution by the City Council
of the City approving the Grantee's
application for transfer and assignment of its
License to Palmer Cable Associates (the
"Resolution"), the Grantee shall have the
right to request renewal of its License. A
filing fee of $750.00 shall accompany the
request for a renewal. The procedures and
standards for renewal shall be consistent with
those set forth in 47 U.S.C. § 546, as
amended. The Grantee and the City shall
negotiate the renewal of the License
diligently and in good faith and for a period
not to exceed three (3) years from the date of
approval by the City Council of the City of
the resolution (the "Renegotiation Period").
If, within the Renegotiation Period, the
License is renewed, the renewal term shall be
for 15 years and upon such conditions as the
City and the Grantee shall agree. Should
renewal negotiations not be completed prior to
the expiration of the Renegotiation Period,
then, notwithstanding Section 1.4 above, the
term of the License shall expire upon the
third anniversary of the date of adoption of
the Resolution and be of no force and effect
and the Grantee shall have no right or
authority to continue operation of its cable
television system pursuant to the terms and
conditions of its License."
3. Except as amended herein, the Cable License Agreement
shall remain in full force and effect and all provisions of the
Cable License Agreement are incorporated herein by this
reference.
IN WITNESS WHEREOF, the City and CVTV have executed this
First Amendment as of the date and year first above written.
APPROVED AS TO FORM:
STRADLING, YOCCA, CARLSON &
RAUTH
Dawn C. Honeywell,
City Attorney
CITY OF LA QUINTA
a municipal corporat'on
By:
May
ATTEST
City Clerk
0203Q/2588/000 -2-
PALMER COMMUNICATIONS, INC.,
dba Coachella Valley Television,
corporation
Ely:
Its: c
0203Q/2588/000 -3-