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Resolution - 2004 - 06 - Update The Fee Schedule For Catv Services - 04/13/2004 RESOLUTION NO. 04-06 A RESOLUTION UPDATING THE FEE SCHEDULE PURSUANT TO SECTION 6-4- 10 OF THE EAGLE CITY CODE, SETTING FORTH THE RATES AND FEES OF SUBSCRIBERS FOR CATV SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the fee change for CATV has been set forth in 6-4-10 of the Eagle City Code to be updated by Resolution. WHEAREAS, the City Council has approved amending and updating the City's fee schedule for CATV by this resolution. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO: Section 1: That said schedule attached hereto as Exhibit A and incorporated herein by this reference, is hereby approved. Section 2: That the Mayor and City Council are hereby authorized to execute said schedule for and on behalf of the City of Eagle. Section 3: That this Resolution shall be in full force and effect immediately upon its adoption and approval. DATED this ,/...2.tAday of ~, 2004. APPROVED: ATTEST: J.l ' >-l-<>-- 'L ~ G90lL Sharo~ K. Moore, City Cler [SEAL] ...........,,~ .1#,.,-; OF EJiO;..... '--~~ .....~~ \ I Or ~YOR"'1'~\ '\ .,9 · :.... *: · * · _.- 1 : : \ L~: \ .1., sEA ~.o: "-..<'0 9... i ~ foP,. ..~POR...~. ~ ~ "0#; .,' ........ ~..' ',.,,-1l'E OF \~ .,..", " I"~ "'.......',, The ONE you count 6 I 23 TIMBRE DRIVE CALDWELL, ID 83605 PH: 208 · 455 · 5555 FX: 208. 455. 1797 CABLEONE.NET Mayor and Council Members City of Eagle P,O. Box 1520 Eagle, ill 83616 Fi~e: anuary 26, 2004 tieutz tt.': After holding the line on costs for our cable television customers for two years, Cable ONE will adjust its rate structure effective March 1. The changes will vary according to the cable programming subscription, ranging from a $2.01 increase for limited service to just 50 cents more each month for the Digital Value Pack. Most premium packages will increase $1-$2 per month, with increases of $4 to $5 monthly on the digital bundled service. Customers will be notified of the change with their rtbruary blUing notices, S,,!l1plt:~ oftlicse nOtices an: encl0scd. While w..~ understand that no one wants prices to go up, we're faced with rapidly nsmg programming costs from cable networks. For example, ESPN has raised its rates 149% over the past five years. During 2003, we absorbed programming increases that came out to about $1.50 per subscriber per month. Since we haven't increased our rates since 2002, our annual increase averages out to just 2 Y2 %, just slightly above the CPI for the same period. At the same time, we are taking steps to serve customers who have requested lower price choices. We're now offenng Lifeline, a streamlined service of local hroadcast networks, C-Span and local independent networks (including PBS and PAXTV) for $17.95. Lifeline Digital, which includes 45 music channels, Pay-Per-View access and 22 digital networks, is available for $27.95 per month. The rates for both these levels of service will be guaranteed until 2006, These are just two of our new service packages. We've introduced digital bundles containing our best digital programming and our fastest high-speed Internet service at a significant cost savings. We have also launched advanced high-definition television (HDTV) channels, Cable ONE Espanol and significantly expanded the STARZ channels. And more is on the way: Watch for Digital Video Recorders (DVR's) that will allow customers to record programming without a VCR. Cable ONE still continues to provide free service calls and honors our on-time guarantee so our service technicians arrive when they say they'll be there, or the customer gets a $20 credit. Our record shows that we're committed to this community and our partnership with the city, where every Cable ONE customer represents a franchise fee. We're 'proud to employ area residents and contribute to our community's strength through the property taxes and utility fees that we pay, as well as provide our schools with free cable television and high-speed Internet services. We welcome the opportunity to support local charities like the Hispanic Cultural Center and the Boys and Girls Clubs. As always, I look forward to continuing to work with you as the city's cable provider. Please feel free to contact me at 455-5575 if you have any questions or concerns. ,) // / ,I I, / ~. March 2004 CABLJONE~ Rate Change Notification Dear Valued Customer, We make every effort to minimize costs and increase your service choices. Over the last two years, we have frozen most cable television rates and launched many new digital cable networks and services. During this time, the cost of cable programming paid by cable companies continues to rise at a very high rate, increasing 34% over the last three years.* Effective in March, the rates for Cable ONE services are as follows: Limited Cable Digital Value Pak Digital Internet Pak Digital HBO Internet Pak Digital Showtime Internet Pak Digital Starz Internet Pak ~39.50 $4.50 $93.95 $104.95 $104.95 $104.95 Cinemax HBO Showtime Networks HBO-Cinemax HBO-Cinemax-Showtime HBO-Cinemax-Starz H BO-Cinemax-S howtime-Starz $11.95 $14.95 $14.95 $18.95 $28.95 $28.95 $37.95 Over the next year, we will continue to improve the quality and reliability of your cable service, expand our call centers and offer additional services like HDTV and Digital Video Recorders. We appreciate your business and are proud to be a member of the local community. For more information you can visit our web site at www.cableone.netJinfo. Sincerely, * us General Accounting Office report issued October 24, 2003 Cable ONE March 2004 CAB~ONE' Rate Change Notification Dear Valued Customer, We make every effort to minimize costs and increase your service choices. Over the last two years, we have shown our commitment to keeping costs down by freezing cable television rates. However, the cost of doing business continues to rise driven by operating, maintenance and programming costs. Effective in March. Cable ONE will adjust the rate of Lifeline Service to ~17.95. Over the next year, we will continue to improve the quality and reliability of your cable service, expand our call centers and offer additional services like HDTV and Digital Video Recorders. We appreciate your business and are proud to be a member of the local community. For more information you can ~isit our web site at www.cableone.net/info. Sincerely, Cable ONE d March 2004 CABLjONE~ Rate Change Notification Dear Valued Customer, We make every effort to minimize costs and increase your service choices. Over the last two years, we have frozen most cable television rates and launched many new digital cable networks and services. During this time, the cost of cable programming paid by cable companies continues to rise at a very high rate, increasing 34% over the last three years.* Effective in March, Cable ONE will adjust the rate of Limited Service to ~39.50. Over the next year, we will continue to improve the quality and reliability of your cable service, expand our call centers and offer additional services like HDTV and Digital Video Recorders. We appreciate your business and are proud to be a member of the local community. For more information you can ~isit our web site at www.cableone.netJinfo. Sincerely, * us General Accounting Office report issued October 24, 2003 Cable ONE Ordinance No. 452 AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, AMENDING TITLE 6, CHAPTER 4, SECTION 6-4-1, SECTION 6-4-2, SECTION 6-4-IO(A), AND SECTION 6-4-16 AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: That section 6-4-1, Eagle City Code, be, and is hereby, amended to read as follows: 6-4-1: DEFINITIONS: GRANTEE: United Cable Television Corporation, a Delaware corporation, doing business a3 Dnitcd Artists Cable of Idaho, and Big Sky Communications, Inc., an Idaho corporation, A Grantee is any cable television provider. their lawful successors or assignees of said persons. firms or corporations. to whom or to which franchises under this chapter are granted by the council, and the lawful successors or assignees of said persons, firms or corporations. Section 2: That section 6-4-2, Eagle,City Code, Be, and is hereby, amended to read as follows: 6-4-2: GRANT OF AUTHORITY: There is hereby granted by the city of Eagle, state of Idaho, to Unitcd Cable Tclevisions Corporation, a Delaware corporation, and Big Sky Communications, Inc., an Idaho corporation, any grantee and their successors and assigns, hereinafter referred to as "Grantee', the right and privilege to constructLoperate and maintain a community antenna television system within the city for the distribution of television signals, FM radio, or other services by cable, and to use and occupy the streets and public ways therefore, subject to the terms, conditions and provisions contained herein. (Ord. 231, 9-21-1993) Section 3: That section 6-4-10, Eagle City Code, be, and is hereby, amended to read as follows: 6-4-IO(A): RATES AND FEES OF SUBSCRmERS: Grantee shall be entitled to charge each customer a rate and/or fee. subiect to chan2e by Resolution of the Ea2le City Council. as follows: A. Maximum Rates And Fees To Subscribers: 1. Single Residential Maximum Rates '^i.nd Chargcs: a. Installation Charges Within Established Scrviec Area: (1) Installation of ne..... primary TV or FM outlct through outside wall or cra'vvlspace (A) Additional chargc to fish cable through an interior 'Nall (2) Reconncction of cxisting outlet (3) Additional outlct (TV, PM, or VTR) (A) Installed at thc same time as other v/ork for which an installation charge is made (B) Installed alonc (4) Rclocate an outlet Vi.) fi.t the same time as othcr work for '.vhich an installation chargc is madc 10.00 (B) Relocation only 20.00 K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc $35.00 20.00 25.00 10.00 20.00 (5) Chtmge from one ICld of servicc to another (6) Trtmsfer from onc address to another (7) Converter terminal deposit b. Monthly Ratcs, Basic (Nonprcmium) Service: (1) Primary TV or FM outlet (2) tl.dditional outlet (TV, PM, or VTR) (3) Basic convertcr tcrminal rental and maintenance (4) TV dealer or licensed service shop 1 drop to fecd all shop outlets Free 2. Multiple Dwclling Unit Ratcs: Whcrc a complex contains at least 10 units, all of '.vhich arc sen:cd, tmd seniee charges arc billed to the complcx owncr under a serviec contract. a. Installation Charges: (Cable remains property of cable company) b. Monthly Rates, Basic (Noflprcmium) Scrviee: (1) Apartmeflts (moflthly unit rentals) 10 49 outlets (each) 50 99 outlets (each) 100 outlcts tmd above (efi<?h) (2) Hotds tmd motcls (daily room rcntals) 10 49 outlcts (cach) 50 99 outlcts (each) 100 outlets and aboye (each) (3) Converter tcrminal rental tmd maintenance (each) (O'.vncr of complex is responsible for safekecping ofcoflvertertcnrrtlna~ 20.00 25.00 25.00 8.45 2.65 2.15 Time and matcrials $ 5.75 5.50 5.25 2.50 2.25 2.00 3. City Covernment And Educational Institutions: \Vithin established service area, 1 outlet at cach building 4. Premium Scrvice: Premium television service and other scrvices not otheIVtise spceified herein Free Not rcgulated by city 5. Lost Or Damaged COflyerter Tcnniflal: a. Reptrir of a COflyeIter terminal damaged through neglect Of abuse by the eustomcr, flormal wear exccptcd b, Replacement of lost or stolen converter terminal 6. Miscellaneous Charges And Credits: a. Latc fec if paymcnt is not received by date shmvn on the customcr's statemeflt $ 50.00 200.00 b. Rcturned chcck c. Collcctiofl fee if discoflfleetiofl for floflpayment of a bill has been ordered and the serviceman rccei'les paymeflt of the outstanding baltmcc in lieu of actual disconfleetiofl d. Umvarrantcd scrviee calls, in the event a serviceman is called to a customer's house and can show that thc complaint is not related to cable TV K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc 5 pcrccnt of balance $ 10.00 15.00 SCfVICC c. Pfcpaymcnt of 1 ycar's scrviee ch.arges 1. Sinl!:le Residential Maximum Rates And Charl!:es: a. Installation Charl!:es Within Established Service Area: (1) Installation of new primary TV or FM outlet throul!:h outside wall or crawlspace (A) Additional charl!:e to fish cable throul!:h an interior wall (2) Reconnection of existinl!: outlet (3) Additional outlet (TV. FM. or VTR) (A) Installed at the same time as other work for which an installation charl!:e is made (8) Installed alone (4) Relocate an outlet (A) At the same time as other work for which an installation charl!:e is made (B) Relocation only (5) Chanl!:e from one level of service to another (6) Transfer from one address to another (7) Converter terminal deposit b. Monthly Rates. Basic (Non-premium) Service: (1) Primary TV or FM outlet (2) Additional outlet (TV. FM. or VTR) (A) Dil!:ital A TO (3) Basic converter terminal rental and maintenance (4) TV dealer or licensed service shop - 1 drop to feed all shop outlets K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc 15.00 10 pCfccnt full cfcdit $50.00 $50.00 $40.00 $20.00 $50.00 $20.00 $50.00 Free $40.00 N/A $37.49 Free $4.95 N/A N/A 2. Multiple Dwelline Unit Rates: Where a complex contains at least 10 units. all of which are served. and service charees are billed to the complex owner under a service contract. a. Installation Charees: Time and materials (Cable remains property of cable company) b. Monthly Rates. Basic (Non-premium) Service: (1) Apartments (monthly unit rentals) Minimum $15.00 per unit 10-49 outlets (each) 50-99 outlets (each) 100 outlets and above (each) (2) Hotels and motels (daily room rentals) Minimum $7.00 per unit 10-49 outlets (each) . . 50-99 outlets (each) 100 outlets and above (each) (3) Converter terminal rental and maintenance (each) (Owner of complex is responsible for safekeepine of converter terminals) 3. City Government And Educational Institutions: Within established service area. 1 outlet at each buildine Free 4. premium Service: Premium television service and other services not otherwise specified herein 5. Lost Or Damaeed Converter Terminal: a. Repair of a converter terminal damaeed throueh neelect or abuse by the customer. normal wear excepted $100.00 b. Replacement of lost or stolen converter terminal $300.00 $200.00 c. Replacement of lost or stolen modems 6. Miscellaneous Charees And Credits: a. Late fee if payment is not received by date shown on the customer's statement ~ b. Returned check $20.00 $20.00 c. Collection fee if disconnection for nonpayment of a bill has been ordered and the serviceman receives K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc payment of the outstandinl! balance in lieu of actual disconnection d. Unwarranted service calls. in the event a serviceman is called to a customer's house and can show that the complaint is not related to cable TV service. N/A e. Prepayment of 1 year's service charl!es N/A Section 4: That section 6-4-16, Eagle City Code, be, and is hereby, amended to read as follows: 6-4-16: TIME OF CONSTRUCTION: No later than six (6) months from the date of its franchisc, Big Sky Communications, Inc. I!:rantee shall commence construction of its cable TV system and shall make service available to one thousand five hundred (1,500) homes within the boundaries of the city as they existed in 1980. Within ten (10) years from the date of its franchise, Big Sky Communications, Inc. I!:rantee must make servi,e available to ninety percent (90%) of the city's population existing upon such future date. In the event that Big Sky Communications, Inc. I!:rantee does not perform according to the provisions of this chapter, the city shall give written notice of the particular items wherein said grantee has failed to perform and said grantee is hereby given a period of sixty (60) days to correct the defaults of which the notice complains. If no correction is made during said period, the grantor may, at its discretion, assess a penalty of twenty five dollars ($25.00) per day until such default is corrected, or may repeal this chapter. Provided, however, that Big Sky Communications, Inc. I!:rantee may petition the grantor for an extension of time to comply for good cause shown. The determination of what constitutes good cause shall be determined by the grantor and the decision of said grantor shall be accepted as final. (Ord. 231,9-21-1993) Section 5: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. DATED THIS 1;J. M day of {..tu-~b.003. CITY OF EAGLE da ounty, Idaho ATTEST: 1-k~ K~ '-SHARON K. MOORE CITY CLERK .................. ~...., ~ BAG{ ~'#~ f!>~ ..J 0 ........ ~ ~... " ,. ~ .. ~ It::.", ..OllAl'~... \ i1i",.",,-~ V..M. :: ...,. 0'" · ~ · :: Ir. , : . ....., ."" -. : . . ' "I,..... · : iC \ -c1 !\.v.e: 0 : , ...... S J;I "iN 11: $ '" ."J'~ '\.. ~ ~ _" ...~IlPO\l:-.. ~..,:'f' ~ ". V'" ..... '\ v ",'" ...... <1 TE 0 ~ .".. .""....".",,' K:\COUNCIL\Draft Ordinances\Cable Ord amend.doc