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Session 1265, Minutes <br />December 22, 1980 <br />Page 6 <br />Mr. 011endorff said he would see to it -that she received a copy. He said he felt <br />the company policy on this matter would be quite satisfactory to the community. <br />Mr. Adams said he wished to commend Continental Cablevision for answering his <br />question about editing equipment. <br />Mr. Kelley said he had a number of concerns, some of which may eventuate in amend- <br />ments, and noted he was very concerned that the Council spend enough time review- <br />ing the proposed ordinance. He thought the Council might want to set a separate <br />meeting to discuss proposed changes to the bill, and felt it was very important <br />that the Council understand the results of the six-month negotiating process be- <br />tween the City and the company which culminated in this bill. Mayor Mooney asked <br />him to elaborate on his suggested changes. Mr. Kelley said he didn't understand <br />how the bill prohibites "skimming." Mr. 011endorff said Article II, Section 4 b) <br />protects against skimming by requiring the company, within 30 days, to furnish re- <br />quested service within terms of the line extension policy. The line extension pol- <br />icy is to be worked out by the company, and the Council has the prerogative of re- <br />viewing and approving or disapproving company policy. Mr. Kelley said it was not <br />clear when the 30 -day period went into effect. Mr. 011endorff said it would go in- <br />to effect at the end of the eight-month period as noted in Article II, Section 2 a). <br />Mr. William Schleyer, representing Continental, noted that the company's present <br />line policy is 44 homes per mile, and the density in University City is 130-150 <br />homes per mile. Mr. Kelley said he felt there probably would not be any area in <br />the city where the company would not want to provide service because of home den- <br />sity, but he wished to be sure that the city was legally protected. <br />Pfr.. Kelley wanted to know-how the City must account for the 5% franchise fee in <br />order to show that it is being used for regulatory purposes, and how salaries are <br />allocated, since parts of those salaries will be used in review of CATV functions, <br />and parts in other regulative functions. Mr. 011endorff said it would be decided <br />what portion of the salaries of all of the City personnel who are involved in over- <br />seeing the company's activities would be set aside for this purpose. If the Fed- <br />eral Communications Commission requested it, those records would be submitted to <br />them to see if they were correctly done. He said the 5% is an operating cost which <br />cannot be capitalized. The 2% for local access and local programming is also oper- <br />ating cost and cannot be capitalized. Mr. Kelley noted that since all operating <br />costs must be recovered by the company, those amounts will eventually be paid for <br />by subscribers. Mr. 011endorff said the Council may decide at the end of the four- <br />year period to lower those fees in order to prevent or reduce a rate increase to <br />subscribers. <br />Mr. Kelley inquired about the City's right to conduct inspections, and Mr. 011en- <br />dorff said he felt that right was demonstrated in Article I, Section 8 (page 10); <br />Article I, Section 13 a) (page 11-12); Article II, Section 4 (page 21-22); Article <br />III, Section l a) (page 46); Article III, Section 5 (page 52); and Article III, <br />Section 6 c) (page 53). Mr. Kelley said that none of those sections authorize the <br />City to conduct inspections, except Article II, Section 6 d) (page 23), and that <br />section was severely limited. He felt the City was not given specific authoriza- <br />tion anywhere in the ordinance to inspect the system. Mr. 011endorff said he did <br />not object to putting in the language regarding inspections which Mr. Kelley wished, <br />although he did feel that the right to inspect was implied in a number of places in <br />the ordinance, as outlined above. There was discussion on this point, with several <br />