HomeMy WebLinkAboutItem 049-22-14 0 Item No.
Channel Relocation of Community Programming
Proposed Action
Staff recommends adoption of the following motion: Move to approve the resolution allowing
the relocation of Public Access, Education, and Government channels currently located on
channels 10, 12, 16, and 22
Passage of this motion will result in the PEG channels being moved to new digital channel
numbers -180, 187, 188, and 189.
Overview
Charter is currently changing to an all-digital format, necessitating the relocation of the PEG
channels. Moving the City's channels to another location requires the approval of the City.
In light of this conversion, the City has negotiated with Charter for the best outcome under the
given circumstances. We have secured a commitment to provide quality signal and
compression levels.
Staff is recommending approval of the Channel Relocation Resolution to allow for the new
Charter conversion to all-digital programming.
Primary Issues to Consider
Is this our best option?
The City has negotiated the best terms possible for this conversion which will take
place on or about October 7.
• What do we gain?
The City gains the opportunity for better broadcast quality now and into the future.
We have secured a commitment to high quality signal and compression, thereby
ensuring quality digital and HD programming.
• Is additional equipment required?
The City is currently producing programs in HD. Charter has committed to providing
needed equipment to transmit a digital signal. There may, however, be some piece of
equipment needed to provide compatibility between the City's equipment and Charter's.
Additional costs therefore cannot be determined at this time.
ELA C24`�
Susanna Palm. Communications Coordinator
RESOLUTION NO.
A RESOLUTION GRANTING CHARTER COMMUNICATIONS A WAIVER FROM
ITS CABLE FRANCHISE REQUIREMENT AND ALLOWING CHARTER TO
RELOCATE LOCAL COMMUNITY PROGRAMMING TO HIGHER CHANNEL
NUMBER LOCATIONS
WHEREAS, Charter Cable Partners, LLC, l/k/a Charter Communications ("Charter")
operates a Cable System to provide Cable Service within the City of Lakeville ("City") pursuant
to a Franchise Agreement with the City ("Franchise");
WHEREAS, the Franchise requires Charter to dedicate four (4) channels for public,
educational and government ("PEG") access programming and provides that Charter shall not
relocate any PEG access channel unless agreed to in writing by the City;
WHEREAS, the City or its designee is currently programming four (4) channels with
PEG programming;
WHEREAS, Charter has requested the City's consent to relocate all present PEG access
channels on or about October 1, 2014 from the current channel locations, Channels 10, 12, 16
and 22, to a new channel neighborhood in the 180 series of channels together with PEG channels
of other cities in the region as described on Attachment A ("Relocation"); and
WHEREAS, the Relocation shall result in Charter's PEG Channels being carried
exclusively on its all-digital platform as set forth in Attachment A.
NOW, THEREFORE, in consideration of the promises set forth in this Agreement, the
City resolves as follows:
1. The City consents to the one-time Relocation of the current PEG access channels
as outlined in Attachment A, effective immediately.
2. The PEG access channels shall continue to be located on the basic service tier.
3. Charter has notified its subscribers of the PEG access channel relocation via direct
mail and shall provide further notice of the new PEG access channel locations as set forth below:
A. Charter shall list the PEG access channel locations in its on -air program
guide. The parties acknowledge that Grantee contracts with a third party or parties to
provide on-screen and on-line program listings. Grantee shall provide the City with
information about the service provider(s) so that detailed program information for each
PEG access channel can be included in the on-screen and online listings. It shall be the
responsibility of the City, or its designee, to provide such detailed program information to
the third -party entity or entities that produce such listings for Grantee in accordance with
each such entity's normal format and scheduling requirements and at the City's cost.
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B. In addition to the obligations set forth in the Franchise at Exhibit E,
paragraph 7, Charter shall provide in-kind air time over the twelve (12) month following
enactment of this Resolution on advertiser supported channels (e.g. USA, TNT, TBS,
Discovery Channel, etc.), on a run -of -schedule basis, for the purpose of airing a City -
produced announcement, not to exceed thirty (30) seconds in length, explaining the PEG
access channel(s) relocation. The air time shall include no less than three hundred (300)
— thirty (30) second spots. Upon request, Charter will provide the City documented
verification of the advertising carried to demonstrate compliance with this obligation.
C. For approximately sixty (60) days after the Relocation, Charter shall
provide a bill message to all subscribers in the City that specifically notes the PEG access
channel relocations.
D. Charter, shall for a minimum of sixty (60) days following adoption of this
Resolution, provide a scroll on the Weather Channel on its Cable System within the City
notifying viewers of the PEG channel relocation.
4. Charter agrees that on or after January 1, 2016 the City may provide a written
request that one (1) PEG access channel be converted to a high definition ("HD") channel.
Charter shall have ninety (90) days from the date of receipt of the City's request to implement
the HD PEG channel(s). The City shall only be responsible for the production costs associated
with the provision of an HD channel(s), any and all costs associated with any modification of the
PEG access channels or signals. Charter shall provide, free of charge, the equipment necessary
for the transport of a digital signal (digital video with enabled audio) from the City's two
designated head end facilities (located at the City Hall and ISD 194) over fiber to Charter. A
subscriber to the basic cable service tier only who has a Charter HD capable set-top box will be
able to receive the HD PEG channel(s) on that outlet without any additional cost. Within thirty
(30) days of Charter's implementation of the conversion described in this Section 4 and upon
request from a subscriber who does not have an HD capable set-top box, Charter will replace the
subscriber's SD set-top box(es) with HD capable set-top box(es) at the same monthly SD set-top
box charge to the subscriber so the subscriber can view the City's PEG HD channel(s).
5. Charter will provide the PEG access channels to subscribers in the City in either SD
or HD formats as set forth herein. The placement of PEG access channels on the system shall not
make these PEG channels more vulnerable to interference or ingress than the primary signals of
local broadcast stations that are delivered using similar transmission technology in City. Within
twenty-four (24) hours of a written request from City to the Grantee identifying a technical problem
with the signal quality of a PEG channel and requesting assistance, Grantee will provide technical
assistance or diagnostic services to determine whether or not a problem with a PEG signal is the
result of matters for which Grantee is responsible and if so, Grantee will take prompt commercially
reasonable corrective action. If the problem persists and there is a dispute about the cause, then the
parties shall meet with engineering representation from Grantee and the City in order to determine
the course of action to remedy the problem. Nothing herein shall require Charter to provide dual
carriage of any PEG Channels. It is the intent of this section that the PEG channels will be
transmitted in a nondiscriminatory manner by Charter over the cable system in the City.
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6. Within thirty (30) days of the Relocation, Charter will provide, free of charge on
Charter's side of the demarcation point at Charter's headend, all equipment necessary to allow
for the transmission of the City's PEG programming that is the subject of the Relocation as a
digital signal from the City's point of origination (PEG head ends at City Hall and ISD 194) to
Charter's head end facility. The remaining equipment and facilities on the side of the
demarcation point at the City's PEG headend(s) will be the sole responsibility of the City.
7. The obligations set forth in this Resolution shall continue beyond the expiration of
the Franchise and shall be incorporated into any renewal Franchise unless otherwise mutually
agreed to by the parties in the renewal Franchise.
Approved by the City of Lakeville, Minnesota this day of , 2014.
City of Lakeville, Minnesota
By:
Its: Mayor
By:
Its: City Clerk
Accepted:
CHARTER CABLE PARTNERS, LLC
L/K/A CHARTER COMMUNICATIONS
By:
Its:
Date:
25604880
ATTACHMENT A
Current
Channel
Number
New Channel
Number
New Channel Service
Level
10
189
Basic (Digital)
12
187
Basic (Digital)
16
180
Basic (Digital)
22
188
Basic (Digital)
A-1
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