Agenda - Council - 09/27/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I Menorandum Seotember 15, 198~ Page ~ine No e0n~mlnitvv~rkshops have been held, the school districts have not been orga- nized or trained in the use of cable eorrnunications, although the school year has begun and such facilities and technologies could be utilized by the school systems. In short, aside and eo'npletelv separate fromm the delay in the construction of the distri~ltion svsten, Group W has since at least June of 1§83, if not from the very inception of the Franchise, been in violation of their Franchise required and proposal-pronised ec~Tnitment to public access and local origination prograrming. T~related to these violations, is the fact that Group Whas not tirrely completed construction in C~amplin, Andover, and Ra~ey. Not in any of the four cities is Wier R available. ~ile certain of the home security, re,rote meter-reading, etc., services rmy not be available, the computer access to inforrmltion data basis is available and Group W has not shown any efforts to activate this tier or exulain to the P~nnission their plans or programs for activation of the two- way capability of the svste~. Crudely, although accurately stated, the Ouad Cities have in place as of ~epten~er 12, lQ~3, a partiallV constructed technologically advanced program distribution svstem v~ich can almust irrmediately begin producing revenue for OrouD W. While, on the other hand, all nonrevenue producing services of the system are in ecmolete disarray alrrost a year and three rnunths after Group W was awarded the Franchise for this area. IV. ~TI(lqS As the regulatorv authority representing your cities and the citizens of your COTmmities, it is recommended that you exercise your authority pursuant to the franchise to institute inTnediately the procedures to levy. fines against Group W for failure to comply in a tirrelymanner with the provisions of the Franchise and their pro0osal to the Ouad City area. Specifically: Article III. Section IV ie "(7) For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utiliza- tion of the access channels and the rmking available for use of the equi~nent and other facilities to City, the penalty shall be Five Hundred and No/100 ($500.00) Dollars per day for each day, or part thereof, such failure occurs or continues." (Note: q~is v~uld be the assessrmnt of a Five Hundred and No/100 ($500.00) Dollar per day fine froneaeh city or Two Thousand and No/100 ($2,000.00) Dollars per day.) It is reecmT~nded that you either fine Group Wthis amount frcrnJune 12, 1983, with the fifteen (15) days notice required frcrn the Franchise or in the alternative, fine Group WTwoThousand and No/100 ($2,000.00) Dollars per day eaxrmncingSepten~er 13, 1983 with the consent of Group W to a miiver of the fifteen (15) day notice requirmment as provided in the Franchise.