10-11-2017 Council Packet - Laserfiche WebLink

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[97259/1] 5 such subscribers: They do not pay the additional fee; they use a Digital Cable Box that receives only Standard Definition formatted signals; and they watch only the Standard Definition channels within the “Digital Starter” package.22 Likewise, Comcast has other “Digital Starter” subscribers who remit the technology fee, use a Digital Cable Box that can interpret High Definition signals and access both Standard Definition and High Definition formatted channels.23 Access to High Definition formatted programs is available to customers as a separately-priced upgrade to a subscriber’s service and that upgrade applies to the High Definition format channels within the range of the subscriber’s service package.24 On July 27 2017, a few days before both the Side Letter and the Franchise Agreement were scheduled for approval by the NSCC, the NSCC negotiator sent an electronic message to his counterpart at Comcast. The message included what the NSCC negotiator described as a “clarification” to the Side Letter’s text on complimentary services.25 NSCC maintained that the following text better reflected the parties’ earlier agreement and understandings: 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 (e.g. a HD digital cable box or HD digital adapter) to all locations covered in Section 2.10 of the Franchise and up to seven (7) outlets at the Commission Office and at each City Hall of each Member City.26 Comcast disagreed that the suggested clarifications reflected the parties’ agreement.27 Comcast maintained that neither the Franchise Agreement nor the Side Letter required provision of more than the single High Definition connection for PEG programming; and not High Definition television service to each of the connections that were eligible to receive complimentary service.28 It maintained that the Side Letter obliged only Standard Definition television formats as a complimentary service.29 So as not to imperil the approval process for the Franchise Agreement and Side Letter, the Side Letter was not adjusted further. Instead, the parties agreed to submit this dispute to the Administrative Law Judge for resolution. Thus, on August 3, 2017, the Franchise Agreement and the unadjusted Side Letter were approved by the NSCC.30 22 See Holmes Decl., at 2-4 and Attach. 4. 23 Id. 24 Id. 25 Holmes Decl., Exhibit 5. 26 Id. (emphasis in original). 27 Holmes Decl., at 3-5. 28 See id. 29 Id. 30 Id.