10-11-2017 Council Packet - Laserfiche WebLink

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[97259/1] 4 with a much sharper and more vivid picture. This is because there are more than one million additional pixels per picture frame for an image that is broadcast in the High Definition format compared to an image that is broadcast in the Standard Definition format.14 Also important, High Definition formatted programing cannot be viewed using a Standard Definition Digital Cable Box or a Standard Definition Digital Adapter.15 Receipt of High Definition programming requires a Digital Cable Box or a Digital Adapter that is specially designed to decode and display the High Definition broadcast signals.16 As to the delivery of complimentary services, Paragraph A of the Side Letter provided: In addition to the complimentary services described in Section 2.10 of the Franchise, Grantee shall, at no cost to the City or the North Suburban Communications Commission (the Commission), provide Digital Starter or equivalent package of Cable Service and City's choice of Grantee's necessary reception equipment (a digital cable box or digital adapter) to up to seven (7) outlets at the Commission Office and at each City Hall of each Member City.17 The parties both agree that as used in the Side Letter the term “Digital Starter” refers to a particular set of services made available by Comcast to its cable subscribers and does not have a different, more commonplace meaning.18 It is a term that is only meaningful in reference to Comcast’s product line. Within Comcast’s product line, “Digital Starter” is a mid-point offering.19 It provides to subscribers a range of approximately 140 channels and includes channels that broadcast in Standard Definition formats and channels that broadcast in High Definition formats.20 Further, within this product line, there are two cable service packages with fewer channels than “Digital Starter” (“Limited Basic” offers approximately 10 channels and “Economy” provides subscribers approximately 100 channels) and three service packages that offer a wider range of channels (“Preferred” services includes 220 channels, “Preferred Plus” includes 230 channels and “Premier” offers more than 260 channels).21 Digital Starter refers to a particular range of cable television channels but not to specific formatting for those channels. For example, Comcast customers who do not remit the separate “HD Technology Fee” are not able to access the High Definition channel programming within the “Digital Starter” package. And, Comcast has many 14 See generally Intel Corp. v. Broadcom Corp., 172 F. Supp. 2d 515, 522 (D. Del. 2001); M. Roberts, Opening the Last Mile to Competition, 4 Va. Sports & Ent. L.J. 309, 336 (2005). 15 See generally Bradley Aff., Attach. E. 16 Id. 17 Bradley Aff., Attach. D. 18 Digital Recording (August 14, 2017); see generally 301 Clifton Place L.L.C. v. 301 Clifton Place Condo. Ass'n, 783 N.W.2d 551, 565–66 (Minn. Ct. App. 2010). 19 Affidavit of Katherine M. Swenson, Attach. G. 20 Id. 21 Id.