2015-013 Council Ordinances - Laserfiche WebLink

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• Format of Access Channels. CenturyLink will provide all 12 Access Channels in HD if the City sends them in HD format (Comcast will provide up to 2 Access Channels in HD over time). • Electronic Programming Guide. CenturyLink will have similar requirement as Comcast. • Channel Placement. CenturyLink will make all Access Channels accessible at Channel 16 through the "North Metro Mosaic." • Public Service Announcements. CenturyLink will allow the NMTC to air PSAs on non - Access channels during periods of unsold/unused air time (Exceeds Comcast's commitment). • Video On -Demand. CenturyLink will provide 25 hours of VOD per member city (Exceeds Comcast's PEG commitment). • PEG Support. CenturyLink will pay a PEG Fee in support of the Access Channels of $3.16 adjusted by CPI starting in 2016. (Amount of funding identical to Comcast). Overall, the CenturyLink cable franchise is substantially similar to the Comcast cable franchise in most respects. The following highlights the differences between the two cable franchises: • Term. CenturyLink's Franchise term is 5 years. Comcast's term is 15+ years. • Indemnification of the City. CenturyLink has an additional indemnification commitment that Comcast does not have. • Access Channel Commitments. CenturyLink may provide more channels in HD than Comcast. CenturyLink is providing 175 hours of VOD programming than Comcast, while Comcast is not providing any. PEG support may be used for capital and operational support under the CenturyLink franchise. • Twin Cities Metro PEG Interconnect Network. CenturyLink will provide a network to allow cities throughout the metro area to share live programming with one another. We believe this will be the only such network in the country. • Penalties/Liquidated Damages. CenturyLink franchise has additional damages for violating the Build -Out and Economic Redlining provisions of the franchise that is not in the Comcast franchise. • Build -Out. CenturyLink Franchise has a reasonable build -out commitment based on market success. Comcast does not have a build -out provision, as it built -out the City many years ago. • Line Extension. The CenturyLink franchise does not have an immediate line extension requirement. The City will determine a line extension obligation similar to Comcast's line extension if CenturyLink obtains a 50% penetration level in the City. Comcast has a line extension requirement. RECOMMENDATION Staff recommends the adoption of Ordinance No. 13-15 with the following actions: (1) dispense with the full reading of the ordinance; (2) a roll call vote for adoption of the ordinance; and (3) approval of Resolution No. 15-151 for summary publication. ATTACHMENTS Cable Television Franchise Ordinance No. 13-15 Findings of Fact Resolution No. 151-15