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HomeMy WebLinkAboutbocc.min.spec.01082002 PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Conference Room TUESDAY, JANUARY 8, 2002 2:30 BOCC OPEN DISCUSSION Memos of Interest Future Agendas/Agendu Requests Board Membership Reports RTA, I lousing, N WCCOG & QQ, ACRA, CCI, RIM 3:30 1. Boy Scout Camp, Cindy Houben, Lance Clarke V`�4:00 2. SPECIAL MEETING AT&T Cablevision Franchise Agreement Performance Review, Debbie Quinn 5:00 PM ADJOURN SPECIAL MEETING APPROVED FEBRUARY 13,2002 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JANUARY 08, 2002 CALL TO ORDER: Chairperson Patti Kay-Clapper called the special meeting to order at 4:07 PM. COMMISSION MEMBERS PRESENT: Commissioners Patti Kay-Clapper,Mick Ireland, Dorothea Farris, Shellie Roy and Jack Hatfield COMMISSION MEMBERS ABSENT:None EVALUATION SESSION ON CABLE FRANCHISE PERFORMANCE—DIRECTION TO STAFF (NO DOCUMENT ISSUED AT THIS TIME) Deborah Quinn—Assistant County Manager; Jim Niswender—General Manager of TCI of Northern New Jersey,Inc. Deborah Quinn,Assistant County Manager,addressed the board on this evaluation. She introduced Jim Niswender, General Manager of TCI of Northern New Jersey and Jim Considine,Director of the City/County Information Systems Department who would be addressing the INET aspect of this franchise agreement. Ms. Quinn's agenda item summary is attached hereto and made a part of this record as EXHIBIT "A". Ms. Quinn stated that she only had a couple of additions to that summary. One is on the upgrade and extension of the agreement. She said she would be talking to John Ely,County Attorney, about some issues that came up with respect to that so she is not asking for any specific direction on the upgrade at this time. On the proposal in connection with the PEG channel that she wanted to make the board aware. It was Mr.Niswender's suggestion that the County could use their second PEG channel,which is Channel 11,to broadcast flight information through the system at the airport. Ms. Quinn suggested that KAJX radio audio could be aired over that same channel while doing the flight display. She is asking the board for their direction on this suggestion. In addition, Ms. Quinn had two calls from members of the public about this review and one faxed their comments. Said fax from Jennifer O'Keeffe is attached hereto as EXHIBIT "B". The other BOARD OF COUNTY COMMISSIONERS 1 SPECIAL MEETING JANUARY 08,2002 person who contacted Ms. Quinn was Sandy Efkin who lives at 9510 Castle Creek Road where there is no cable service. Her complaint is that she can't get any of the local channels from Aspen. Ms. Quinn explained to her that the County is hoping to get Grassroots TV on to our translator system. Ms. Efidn wanted to know why the County didn't require in the Franchise Agreement that AT&T Broadband had to provide service everywhere in the County? Ms. Quinn explained that it was cost prohibitive for that to be done everywhere in the County. Ms. Quinn will be sending her the actual provisions that are in our franchise agreement about when you can add service and at what expense to the homeowner. Also included is a list of the free accounts that are provided to the City and County. Said list is attached hereto as EIIIIBIT"C". The franchise agreement requires that various City and County public buildings have access to cable. Jim Niswender, General Manager of TCI of Northern New Jersey, Inc.,made his presentation to the board. First,he informed the board that he would research and investigate the complaints from Jennifer O'Keefe and Sandy Efkin and provide a summary to Ms. Quinn for the County. His letter, including five different reports associated with their service is attached hereto as EXIIIBIT "D". A list of complaints, system availability and package selections are also attached to Exhibit"D". Regarding the use of Channel 11,Commissioner Ireland asked if the applicant could integrate the CDOT cameras from Highway 82 into the suggested system for flight information to allow the community to see the weather conditions at that time? Mr.Niswender responded that the ability to do that is there. Mr.Niswender also requested that AT&T Broadband get come credit for this. They would not do any type of advertising but they would like something that could reference gratitude that this channel is being brought to you on behalf of AT&T Broadband and Pitkin County. That is what he would like to see. Jim Considine said he thinks that this would be a big benefit to the tourist community to allow them to see flight information data from their hotel rooms. Commissioner Hatfield and Commissioner Farris were against having cameras showing traffic shots on TV. Commissioner Roy asked if Grassroots TV could broadcast on Channel 11 as well? Mr. Considine responded that the capability to do that has been set up. He also told the board that the applicant has done what they said they would do and it's working and he therefore would recommend that the board approve the upgrade. Commissioner Hatfield said that it seems that the extension is until 2009 allowing for 5 extra years. 3 BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JANUARY 08,2002 Ms. Quinn said yes but informed him and the board that she wanted to talk to John Ely about that issue before she asks the board for further direction. Commissioner Hatfield also asked about further performance reviews. Ms. Quinn said the agreement states that the board can have one within the first two years or within sixty days after the first two years,which this one is, and others as the board desires. She was asking for feedback from the board in terms of how often they would want to do this. Commissioner Hatfield's opinion on this was that certainly not on an annual basis but stretch it out a couple years and get some feedback out there, especially with the new system. Mr.Niswender said any questions on programming could be addressed to him as Local General Manager,AT&T Broadband, 201 Aspen Airport Business Center,Aspen, Colorado 81611. He said that he would check into linking the Highway 82 CDOT camera feed into Channel 11 as suggested by some members of the board. Hilary Smith,County Manager,asked the board if it was a thumbs-up to the flight information with KAJX background sound? The board responded yes. Commissioner Roy thanked Mr.Niswender for all the help that Grassroots has received from them. Ms. Quinn said that she needed one further direction from the board. Staff had started a process with Basalt,Snowmass and Aspen to formulate an Intergovernmental Agreement about the use of the current Grassroots TV Channel 12 since all of the entities are informally sharing it. There is a lot of work that still needs to be done on that. She asked the board if staff should continue to pursue that agreement? Commissioner Hatfield asked if there was a downside to pursuing it or not pursuing it? Ms. Quinn said part of the issue was that when the group met on this was the accountability of Grassroots back to each jurisdiction. Another issue was the funding from each jurisdiction and whether or not they could get agreements. The board says yes to staff pursuing the Intergovernmental Agreement. ADJOURNMENT: Commissioner Farris moved to adjourn the special meeting at 4:55 PM. Commissioner Roy seconded the motion. Motion passed unanimously. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JANUARY 08,2002 Respectful submitted, - Lynde R. Dean I Clerk to the Board of County Commissioners J Patti Kay-Clapper Chairperson of the Board of County Commissioners ww/g/minutes/2002/01082002 BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING JANUARY 08,2002 EXHIBIT AGENDA ITEM SUMMARY vt e -DZ WORK SESSION MEETING DATE: January 8. 2002 :AGENDA ITEM TITLE: Cable Franchise Performance Evaluation Session STAFF RESPONSIBLE: Debbie Quinn DESCRIPTION OF ISSUE: In November of 1999, the County, as Grantor, entered into a cable television franchise agreement with the Grantee, TCI of Northern New Jersey, Inc. (the "Franchise Agreement'). This is the first performance evaluation session the County has held since the Agreement was effective. In accordance with the provisions of Section 5.7 of the Franchise Agreement, this session is open to the public and has been publicized in the same manner as required for all other public hearings by the County. In addition, several display ads were published about this meeting. The Franchise has been operated by AT&T Broadband ("ATT"), which acquired TCI around the time the Franchise Agreement was finalized. We recently received notice from ATT (and you may have heard in the news) that ATT is merging with Comcast Corporation to create a new company, to be called AT&T Comcast Corporation, to be one of the leading communications, media and entertainment companies in the world. Under the terms of our Franchise Agreement, there are provisions for notice to and consent by the County for transfers of control of the Grantee, which will be addressed at a later date. The purpose of this performance evaluation session is for the BOCC and the public to review the performance of ATT as the County's cable television provider. During the existence of the Franchise Agreement, ATT has sent us quarterly reports which include the following information: a summary report of the complaint file and complaints; outage logs; construction activity report; service calls summary report with response time; new areas constructed and available for cable service, and a quarterly subscriber report. Attached are the most recent quarterly reports, as well as the most current products and services price list, the channel list, and a status letter concerning the upgrade of the cable system to 750 MHz. A review of all the quarterly reports we have received from ATT indicates that the number of basic cable customers has varied from a low of 2173 to a high of 2258, with the current report showing 2220. Monthly revenues upon which our 5% franchise fee is based have varied from approximately 5108,000 to almost 5135,000, with the most recent reported figure for September 2001 at SI 11,021.07. Service calls have varied from 89 to 212 per month, with a response time anywhere from 1 hour to 30 hours. Complaints �n 1 bout programming continue to occur, but have dropped considerably since a Spanish ,�hannei in all areas and ESPN2 in the Basalt area were added in April of 2000. With respect to the upgrade, our Franchise Agreement, section 12.1, required an upgrade to 450 MHz. It also gave the Grantee an option to upgrade further to 550 MHz and to provide activated two-way capability to those portions of the County served by the Aspen head end, in exchange for which the County agreed to extend the Franchise Agreement for another five years. The upgrade status letter satisfies the requirement of the Franchise Agreement that the Grantee notifies us of the completion of the upgrade. Although the Agreement gives us the ability to request additional information to verify the upgrade, Jim Considine from the joint IS department recommends that we accept the upgrade without further verification. Jim Niswender, ATT's local general manager, will be at the meeting to respond to any questions about the upgrade. Assuming that we are satisfied with the upgrade, the Franchise Agreement will be extended to November 16, 2009, and as a condition of the extension, the Grantee has to pay the County's designated access provider 515,000.00 on the anniversary date of the agreement (November 17), each year of the extended term, beginning November 17, 2005. The only other condition of the extension is to continue to negotiate for development of an Institutional Network for the County. Jim Considine has worked closely with ATT on the I-net issues, and will provide an update on the I-net at the meeting. A further condition of our Franchise Agreement was that the County be provided a second public, educational, and governmental (PEG) access channel. ATT has satisfied this requirement by providing Channel 1 I as Pitkin County's second PEG channel. It is currently being used by ATT as a community bulletin board until the County formalizes a plan for its use. There have been discussions between the County, Aspen, Basalt and Snowmass about the use of the second channel, but the group was not interested in pursuing use of the second PEG channel as of fall of 2000. Between the four entities and in accordance with their separate agreements with ATT, there could be as many as six PEG channels. The same group also discussed formalizing the agreement to share the use of Channel 12, which is Pitkin County's current PEG channel, operated by GrassRoots, but which is used by other governments as well. This effort has not proceeded beyond generating a rough draft of an IGA between the governments. Finally, ATT has provided maps of its fiber routes and nodes throughout the County. These are available for review in the assistant manager's office, and will be brought to the meeting. RECOMMENDED ACTION: \o specific action is recommended. The Board may want to provide direction to staff on the upgrade and five year extension. Further direction could be provided on the need and desirability of further public performance reviews: the use of the second PEG channel, and whether to pursue the IGA on the operation of the existing PEG channel. Jan-06-02 03:46pm Prom- T-M P 01/01 'r-022 ■ y�, EXHIBIT Debbie, v Per our conversation yesterday, I would like you to bring up some of my "grievances witn AT&T Broadband as a cable service provider. 1 . I recently moped, and subsequently upgraded my cable service with HBO, etc. package. When I did this, I lost channels that I had gotten before the upgrade (ie., history channel, HGTV, etc - channels that came with the lower level of service, but weren't included with the upgrade. AT&T told me that they had "repackaged" their programming, and that is why I no longer got these channels. This feels like "bait & switch"tactics to me, where they can change their packaging whenever they want, forcing the customer to change service each time. 2. AT&T says thi:y will charge for any change of service (ie, upgrade or downgrade). I don't know what the cost is, but shouldn't this be included under the realm of CUSTOMER SERVICE? 3. AT&T bills 1 month beforehand for service, yet many times channels come in fuzzy (ie., especially local channels), or not at all, and the customer must spend their time trying to get a rebate (which, prorated on their part is ridiculously small, compared with the amoL nt prorated when I re-started my service recently when I moved). 4. 1 used to be �ble to order pay-per-view movies simply using my remote. Last week I tried tc do this and it told me I had to call to order a movie, When I did, 1 was told I would have to give my social security number to order a movie, then call the local office aft�r the weekend to arrange a credit so I could order movies in the future. Most companies bill customers AFTER they have received service, and this company cha,ges the customer BEFORE receiving service, and then even wants a "credit line" to order a movie! I pay my bills on time and have excellent credit history, so there should be no reason why this is their"new procedure" (in their own words) for regular nor-default customers. I understand AT&T has gone beyond their call regarding internet service, etc„ but as far as a provider of regular cable service, I think they act like exactly what they are... a monopoly, with little regard for"customer service" or what the customer wants. My recent experience with AT&T has left me wanting to switch to satellite, or drop my cable service down to the bare minimum (as I would get no reception without cable) so I have to deal with them as Iitte as possible. For what it's worth. Uzi AUT Broadband 1605 Grand Avenue Glenwood Springs,CO 81601 FREE ACCOUNTS FOR CITY OF ASPEN/PITKIN COUNTY EXHIBIT 590 N. Mill St.—Standard Cable (Aspen Art Museum) t\ p 110 E. Hallam St.—Standard Cable (Aspen Arts&Red.) 38996 Highway 82—Standard Cable (Aspen Senior Housing) 585 Cemetery Lane—Standard Cable/ I Addr. Converter& Remote (Employee Housing) 585 Cemetery Ln.—Basic & Expanded (Parks Department) 420 E. Hopkins Ave.—Standard Cable (Aspen Fire Dept.) 1080 Power Plant Rd. —Standard Cable (Aspen Street Maintenance Shop) 130 S. Galena St. #Main—Standard Cable (City Hall) 530 E. Main St. Ste. 32D—Standard Cable (City Managers Dept.) 221 Puppy Smith St.—Standard Cable (Electric Dept.) 222 Puppy Smith St. —Standard Cable (Electric Dept.) 130 S. Galena St. 2" Floor—Standard Cable (City Manager) 130 S. Galena St.—Standard Cable / I Addr. Converter&Remote 39551 Hwy 82 Pro Shop—Standard Cable (Golf Course) 100 Water Plant Rd.—Standard Cable/ I Addr. Converter& Remote (Water Dept.) 130 S. Galena St.—Standard Cable/ 1 Standard converter&Remote (Streets Dept.) 530 E. Main St. Suite 2—Standard Cable(Pitkin County) 506 E. Main St.—Standard Cable (Sheriff) 506 E. Main St. —Standard Cable(Jail) 110 E. Main St. —Standard Cable (Pitkin County Library) 455 Rio Grande Pl. - Standard Cable(Aspen Youth Center) 199 High School Rd. —Standard Cable (Aspen schools) J 31500 Highway 82 —Standard Cable (Aspen Village Fire Department) T �- 300 AABC Suite F—Standard Cable (Grassroots Studio) , 405 Castle Creek Rd.—Standard Cable(Little Feet Day Care) Recycled Paper AUT Broadband Grano �. en�e December 28. 2001 Debbie Quinn. Assistant County Manager EXHIBIT Pitkin County - Manager's Office 530 East Main— Third Floor 7 Aspen, CO 81611 Dear Debbie: Pursuant to Section 12.1 of the Cable Television System Franchise Avreement. this letter is to provide notice to Pitkin County that TCI of Northern New Jersey, Inc. has completed the upgrade of those portions of its Cable System in Pitkin County that are served by the Aspen headend. fhe Cable System is upgraded to 7�0 MHz, capable of delivering a minimum of 76 channels of analog and/or digital video programming services. As part of the upgrade, TCI of Northern New Jersey, Inc. deployed fiber optics to nodes. The Cable System is two-way activated and capable of carrying high-speed cable Internet service. If you have any questions regarding this matter, please do not hesitate to call me at 970- L)4�-7292. ery truly %ours. TCI of Northern New Jersey, Inc. Jim Niswender General Manager Copy: Franchise Department /O V PecycieC Paper EXHIBIT z Report of complaint file and complaints, Third Quarter 2001 Pitkin County. This report contains the nature and type of customer complaints received. 1. Call complaints from complaint file. Programming— 13 calls related to programming. Rates —-0- calls on rates. Billing— 3 calls related to billing problems. 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IK m a 'O � IxOlwiW NIy ,x 'O ZO p rO y 0 ❑ - ¢ mNZ = .N U .Uw O w 'w w ¢ a 010 .❑ ❑ 'C< ¢ .O O ❑ ¢ ❑ U C U 'w ¢ Z Z Z L`- IN G _ c n O -- - -- - - o P O TO y N Em q N T m � c Z W a a T N � J _ N i ac ,y O J m N I O N � W G d v _ 'n 0 f7 a z I a a i z w a a y ❑ � m Z J U a O U z m y , a _ m y O U O aTsl ASPEN CABLE CHANNEL LINE-UP GENRE EXHIBIT ANALOG DIGITAL �f BASIC -INALOG CABLE: CO NOGGIN)fa rtily pro_ramminsl KWGN i WB-2 - Denver) 121 DISCOVERY-KIDS UEG i CBS- Grand Junction) 160 SCI-FI CHANNEL CNC )CBS - Denver t61 GAME SHOW NETWORK HBO 162 BBC AMERICA 6 KRMA (PBS—Denver) 163 TV LAND KMGH I ABC- Denver) 1 S3 STYLE S Local Programming 202 HOME &GARDEN TV 9 KUSA (NBC - Denver) 220 DISCOVRY- HEALTH 10 KDVR (FOX-31 -Denver) 270 HISTORY CHANNEL 11 PEG—Pitkin County TV 272 DISCOVERY SCIENCE I_ Local Programming 273 NATIONAL GEOGRAPHIC li KTVD (UPN-20—Denver) 401 FOX SPORTS WORLD 14 ENCORE 402 ESPN NEWS 15 TBS(WTBS—Atlanta) 403 ESPN CLASSIC SPORTS 16 KSZG - .Aspen 404 OUTDOOR LIFE EXPANDED-BASIC ANALOG CABLE: 405 THE GOLF CHANNEL 19 AMC (American Movie Classics) 410 ESPN 2 21 SHOWTIMEch. 575 on Digital) 501 TURNER CLASSIC MOVIES 22 CINEMAX(ch. 562 on Digital) 502 WOMEN'S ENTERTAINMENT 24 STARZ(CH. 533 on Digital) 503 INDEPENDENT FILM CHANNEL 25 ABC FAMILY 517 ENCORE 26 NICKELODEON 519 ENCORE— LOVE 27 DISNEY CHANNEL 521 ENCORE- MYSTERY 2S A&E (Arts& Entertainment 523 ENCORE - WESTERNS 29 LIFETIME 533 STARZ 30 USA NETWORK 535 STARZ THEATER I TNT(Turner Network TV) 537 BLACK STARZ BRAVO 552 HBO PLUS MTV 554 HBO SIGNATURE F C 556 HBO FAAHLY 1 ESPN 562 CINEMAX 6 FOX SPORTS 564 MOREMAX FOX NEWS 575 SHOWTIME 'S THE WEATHER CHANNEL 577 SHOWTIME 2 _9 HEADLINE NEWS 579 SHOWTIME 3 40 CNN 581 SHOWTIME EXTREME 41 CNBC 590 THE MOVIE CHANNEL 12 MSNBC 592 THE MOVIE CHANNEL 2 42 COMEDY CENTRAL 45 LEASED ACCESS PAY-PER-VIEW 4- DISCOVERY 301-814 PAY PER VIEW MOVIES 48 ANIMAL PLANET 844 THE HOT NETWORK 49 UNIVISION 845 ACTION 50 VH-1 S51 SPICE 51 OXYGEN S52 SPICE 2 9c QVC S53 PLAYBOY q9 ._SPAN DIGITAL MUSIC 900 LISTENING ROOM 901 LIGHT CLASSIC 002 JAZZ VOCAL BLEND 903 HOTTEST HITS 904 MODERN COUNTRY 905 ALTERNATIVE 906 ADULT CONTEMPORARY 907 CONTEVIPORARF CHRISTIAN D>IX- CONTINUED MOVIES & MUSIC TIER ROCK", ROLL OLDIES 135 ' ITV' ? CLASSICAL ROCK 137 LRIO LRBAN BEAT 471 VHI COUNTRY 'fl'S HITS 472 MTVX 50'S HITS 473 VHI CLASSIC ROCK HARD ROCK 474 VH1 SOUL ALBUM ROCK 476 MUCH MUSIC TRENDS 481 BET ON JAZZ ) h SOFT HITS 504 LIFETIME MOVIE NETWORK DANCE MUSIC 505 SUNDANCE CHANNEL 918 ACID JAZZ 506 FXM 919 RETRO DANCE 527 ENCORE TRUE STORIES 920 GOLDEN HITS 529 ENCORE ACTION 921 COFFEEHOUSE ROCK 922 CLASSIC R&B SPORTS & INFORMATION TIER .n; TRADITIONAL COUNTRY 125 NEWSWORLD INTERNATIONAL 924 NEW AGE 128 BLOOMBERG 925 SYMPHONIC 240 INTERNATIONAL CHANNEL 926 GREAT STANDARDS 271 DISCOVERY CIVILIZATION BIG BAND SWD ; 274 DISCOVERY WINGS 928 CHILDREN'S MUSIC 275 THE A&E BIOGRAPHY CHANNEL 929 SMOOTH JAZZ J76 HISTORY CHANNEL INTERNATIONAL 930 REGGAE 294 TECHTV 931 RAP 406 OUTDOOR CHANNEL 932 URBAN ADULT 408 SPEEDVISION 933 GOSPEL 413 CNNSI 934 BLUES 9I JAZZ 936 HOLIDAY HAPPENINGS FAMILY& VARIETY TIER 122 TOON DISNEY 123 GOOD LIFE TV NETWORK 182 OVA FION 201 DISCOVERY HOME & LEISURE _15 NICK GAME & SPORTS 222 THE HEALTH NETWORK 230 TRINITY BROADCASTING 231 INSPIRATIONAL LIFE S-I-01 O DIGITAL TENANT PACKAGES DIGITAL BRONZE DIGITAL PROGRAMING Digital Basic .$j 1 2.99 Digital DMX & PPV Access 1 OCT & Remote Encore & Encore Flexes PAYS DIGITAL PROGRAMING PREMIUM CHOICES: Digital Basic HBO Digital DMX & PPV Access SHOWTIME Starz& Starz Plex CINEMAX $24.99 Encore & Encore Plexes THE MOVIE CHANNEL Choice of 1 Premium Pay + Plexes 1 Tier 1 DCT & Remote DIGITAL GOLD DIGITAL PROGRAMING Digital Basic Digital DMX & PPV Access Starz& Starz Plex Encore & Encore Flexes $34.99 Choice of 2 Premium Pay + Flexes 2 Tiers DCT & Remote DIGITAL PLATINUM ALL PROGRAMING WITH 1 DCT .$49.99 Noggin 120 Discovery Science 272 Turner Classic Movies 501 Discovery Kids 121 National Geographic 273 Women's Entertainment 502 Sci-Fi 160 ESPNews 402 Starz& Starz Plex 501 Game Show 161 Fox Sports World 401 Independent Film Channel 503 BBC America 162 ESPNews 402 TV Land 163 ESPN Classic Sports 403 Style 183 Outdoor Life 404 Pay Per View 801- 814 Home & Garden TV 202 The Outdoor Channel 405 Adult PPV 844- 853 jDiscovery Heaith 220 The Golf Channel 405 Digital Music 900- 936 History Channel 270 ESPN 2 410 MOVIES & MUSIC SPORTS & INFO FAMILY & VARIETY MTV2 135 Newsworld International 125 Toon Disney 122 TRIO 137 Bloomberg News Channel 128 Goodlife TV Network 123 /H'. Country 471 International Channel 240 Ovation 182 MTVX 472 Discovery Civilization 271 Discovery Home & Leisure 201 H1 CIa551C Rock 473 Discovery Wings 274 Nick Game & Sports 215 Mucn Music 476 A&E Biography Channel 275 The Health Network 222 BET cn Jazz 481 History Channel International 276 Trinity Broadcasting 230 _ ;etime Move Network 504 TechTV 294 Inspirational Life 231 uncance Channel 505 Outdoor Channel 406 FXM 506 Speedvision 408 =,,core T., e Stories 527 CNNSI 413 =ncore Action 529 H1 Soul 474 DIGITAL BASIC S12.00 STARZ & ENCORE S9.99 PREMIUM PAYS S12.45/Avo DCT Box S4.05 IDCT Remote S.35 JDCT A/C S4.99 ASPEN GENRE PACKAGES DIGITAL BRONZE PROGRAMING DIGITAL PROGRAMING Basic Service Digital Basic Expanaed Basic $39.99 Digital DMX&PPV Access -ncore Encore Limited Plex Channels 1 OCT&Remote DIGITAL SILVER 'PREMIUMS HBO SHOWTIME CINEMAX THE MOVIE CH PROGRAMING DIGITAL PROGRAMING 3asic Service Digital Basic Expanded Basic Digital DMX&PPV Access Encore Encore Limited Plex Channels STARZ $54.99 Starz Digi Plex Channels -1 PREMIUM Premium Digital Plex Channels Choice of 1 Speciality Tiers 'Savings of$16.06 compared to a Wcarte prices 1 OCT&Remote DIGITAL GOLD 'PREMIUMS HBO SHOWTIME CINEMAX THE MOVIE CH. PROGRAMING DIGITAL PROGRAMING Basic Service Digital Basic Expanded Basic Digital DMX& PPV Access Encore Encore Limited Plex Channels STARZ Starz Digi Plex Channels '2 PREMIUMS $64.99 Premium Digital Plex Channels Choice of 2 Speciality Tiers 1 OCT&Remote 'Savings of S24 50 compared to a la'carte prices DIGITAL PLATINUM ***ADD ALL 3 SPECIALTY TIER CODES— ALL PROGRAMING WITH 1 OCT $79.99 'Savings of S10_,1 compared to a la'carte prices DIGITAL BASIC Noggin 120 Discovery Health 220 ESPN CLASSICS 403 Discovery Kids 121 History Channel 270 Outdoor Life 404 Sci-Fi Channel 160 Discovery Science 272 Golf Channel 405 Game Show 161 Fox Sports World 401 Turner Classic Movies 501 BBC America 162 ESPN NEWS 402 Women's Entertainment 502 TV Land 163 Independent Film Channel 503 Style 183 DMX 911-936 163 Discovery Home&Garden 202 PPV 801-814 Adult PPV 844, 851-853 MOVIES S. MUSIC SPORTS & INFO FAMILY & VARIETY ?:1TV2 135 Newsworld International 125 Toon Disney 122 TRIO 137 Bloomberg News Channel 128 Goodlife TV Network 123 VH1 Country 471 International Channel 240 Ovation 182 L1TJX 472 Discovery Civilization 271 Discovery Home&Leisure 201 'dH1 Classic Rock 473 Discovery Wings 274 Nick Game& Sports 215 Mucn %lusic 476 A&E Biography Channel 275 The Health Network 222 SET cn jazz 481 History Channel International 276 Trinity Broadcasting 230 _Ifetime Move Network 514 TechTV 294 inspirational Life 231 Suncance Channel 505 Outdoor Channel 106 FXM 506 Speedwsion 408 Encore -rue Stories 527 CNNSI 413 Enccre:cnon 529 Scoi 474 A LA CARTE TIERS $5.99 DCT ECX RE?d- '4.05 JDCT REMOTE 5.35 IDIGITAL.ADDITIONAL PROGRAMMING S4.99 AT&T BROADBAND INTERNET CHANNEL LINEUP cffemve IIOII02 Price BASIC 270 THE HISTORY CHANNEL :37 BLACK STAAD Monthly Service Fee* $ 35.95 272 DISCOVERY SCIENCE 552 HBO PLUS Monthly Cable Modem Lease Fee $ 10.00 2 KWGH CHANNEL 554 HBO SIGNATURE Value Package 3 NREG 171 NATIONAL GEOGRAPHIC S56 HBO FAMILY 4 KCHC 401 f0X SPORTS WORLD S61 CINEMAX Preoay I months of service:12m monm hee.9 6 XRMA -ease Cable Modem $439.45 7 KMGH 401 ESPNEWS 564 MOAEMAK P.arthase Cable Modem" $329.45 8 IOPROG 403 ESPA CLASSICS 575 SHOWRME 404 OUTDOOR UFE NETWORK 577 SHOWDME 2 Premium Instadlationt $ 99.95 9 RUSA 405 GOLF CHANNEL 579 SHOWFIME 3 Standard installation of one computer to one dam outlet 10 RDYR 410 ESPNl Sill MOWTINE EXTREME =cle modem, Ethernet device and the chant soicwua by I I LOCNGEX 591 TURNER CLASSIC MOVIES 590 MOVIE CHANNEL :.emnican.) 12 LOCORG 502 WOMEN'S 592 THE MOVIE CHANNEL 2 Basic Installationt $ 49.95 3 KM ENTERTAINMENT Sdsndard installation of oneablemodem to oneexrstingwd IS TURNER BROADCASTING 503 INDEPENDENT FILM DIGITAL PAY-PERWEW _mused dam outia by technician.Cusomer responsible for SYSTEM CHANNEL 901.814 IN DEMAND PR' nsculation of me client software and connection of computer 16 KS2G-LP BH THE HOT NETWORK m able modem Instillation of dads oWec not included.) 17 LA DIGITAL SPECIALTY 84S ACTION PAY-PER41EW Service Call $49.95 EXPANDED BASIC 122 UN DISNEY 351 SPICE (Applicable if technician makes a trip to customer premises 123 GOOD UFE N NETWORK 8S3 SPICE 2 AND problem is determined not to be related to AT&T 19 AMERICAN MOVIE I12SII GOOD UFE 852 SPICEPLAY 2 UTANXEL broaaband's service or equipment) CLASSICS INTEINEWRNATIONAL MAI Relocation Installation $49.95 15 ABC FAMILY 128 BLOOMBERG NEWS DIGITAL MUSIC iAppliable when current customer in good standing with 26 NICKELODEON 13S MT@ 900 LISTENING ROOM AT&T Broadband rebates to a serviceable address and 27 DISNEY CHANNEL 137 TRIO 28 ARTS A ENTERTAINMENT 901 LIFE CUNAL SS keeps Services Includes installation of data oudec and able 79 UFETIME 182 OVATION 'O2 JAll VOCAL BLENDS modem at customers new serviceable ceable address by technician.) 201 DISCOVERY HOME AND Ml HOTTEST HITS Additional Premium Installation 30 USA NETWORK 904 MODERN COUNTRY (Applt $ 99.95 31 TURNER NETWORK RICK G 'awni of o to second r ouw and includes standard diem. TELEY610M 215 NlCll GAMES &SPORTS 905 ALTERNATIVE 'anon of one computer i dine dam dWtc able modem, 32 BRAVO 222 THE HEALTH NETWORK 906 ADULT CONTEMPORARY theme[device and the lietsc software q technician.) 12 MTV 230 TRINITY BROADCASTING aO7 CONTEMPORARY Additional w Basic second account nt $ 49.95 34 FX NETWORK CHRISTIAN (Appliable m second account and includes standard instilla- 231 INSPIRATIONAL UFE 908 ROCK N ROLL OLDIES 3S ESPN don of one able modem to one e4dsting and certified data 36 FOX SPORTS NETWORK 271 INTDISCOVERY QAL CHANZATIO EL 91D CLASSIC ROCK dudes.able modem and rewm filters vmere necessary by 271 DISCOVERY UYIUTAMON 910 URBAN BEAT TWORK technician.Caro ner responsible for installation of the client JI FOX NEWS NEtechnician. CHANNEL 911 7O'S HITS software and connection of computer to able modem. 38 WEATHER CHANNEL 274 DISCOVERY WINGS 912 ED'S HITS Insallation of a non-exuding dam ouda not included.) 39 HEADLINE NEWS 275 A&E BIOGRAPHY 913 HAD ROCK 40 CNN 276 HISTORY CHANNEL Ethernet Device $ 49.95 41 CNgC 914 ALBUM ROCK INTERNATIONAL (If purchased from AT&T Broadband.) 42 MSNBC 915 TRENDS $ 13.45 q3 COMEDY CENTRAL 194 TECH fl _ Data Outlet 916 SOFT NIB �✓ (Technician will extend in-home able wiring to provide serv- 45 LA 408 SFOUTDOORDV51 CHANNEL ?qI7 I S DANCE ;a for the dam oudecThis includes relocation of an ewsun 4O3 CNN/ SPORTS 918 ACID JAll g 47 DISCOVERY Y CHANNEL 413 (TUTU/ SPORTS J °��) 48 ANIMA( PLANET � ILLUSTRATED 919 RETRO DANCE Additional Outlet connected at time of installation $ 13.45 49 UNIWSION 471 YHI COUNTRY 920 GOLDEN OLDIES Seasonal Discount $ 9.95 SO 'VHI 921 COFFEEHOUSE ROCX 472 MTV X ?P. CLASSIC R&B Customer may put account on hold for 3-6 months and SI OXYGEN 47 VHI CLASSIC ROCK 323 TRADITIONAL COUNTRY reranWeb all epuipmentertoil accounts and space until se". 93 OVC 474 VHI SOUL ice is resumed.) 79 C-SPAM 476 MUCH MUSIC 924 NEW AGE Modem Activation ProcessingFee $ 9.95 181 BET ON A71 916 GREATSYMPH STANDARDS PREMIUM J 927 GRUB STAHOARGS Amicable when customer purchases a able modem from SO4 LIFETIME MOVIE 721 BIG BARD/SWING anomer provider) 5 HBO NETWORK 928 CHILOREN'S 14 ENCORE SO5 SUNDANCE 929 SMOOTH JAII 'Monthly service fee is appited on a per able modem Lavi customer using two SO6 FOX MOVIE 930 REGGAE =le modems wil be charged two mcni service fees. DIGITAL BASIC 527 ENCORE TRUE STORIES 931 PAP "3pvon to purchase a able modem is not"fable in all area 1210 NOGGIN OYFRT KIDS CHANNEL 529 ENCORE ACTION 932 URBAN ADULT CONTEMPORARY ,`Does not induce con of Ethernet device. 160 SCI-FI CHANNEL DIGITAL PREMIUM 933 GOSPEL 161 GAME SHOW 517 ENCORE ?34 BLUES Acne steeds of Service vary depending upon iaccors such as customers computer 162 BBC AMERICA 519 ENCORE LOVE 935 JAll penomance and configuration:whether accessing:non-ached or tamed dads:per- 161 TV LAND STORIES 936 HOUDAY& HAPPENINGS fomuncemeracsensuaofeach componencofthedamnerwordthenumderof users 183 El STYLE 521 ENCORE MYSTERY and overall traffic on me Internet and the necw°ric and all users compliance w,m me GARDEN 1V 523 ENCORE WESTERNS & Network Acceptacie Use Policy.Upstrwn data transfer speed is limtea. 202 i2O HOME HOMEDISCO HEALTH 533 START! CHANNEL 535 STATED THEATRE Digital Cable: You must subscribe to me premium channel to receive the muluplexed version of me same channei. � 3 i PRODUCTS & SERVICES PRICE LIST E6ecuve i41102 (all press exciude applicable francnise lees,regulatory fees and tou sl Serving Aspen / Snowmass Village Price Bonus Choice Categories Basic Service $ 12.67 Requires pur ctr se of the Digital Basic service level. Movies & Music $ 5.99 OPTIONAL CABLE SERVICES Family&Variety $ 5.99 Expanded Basic $ 25.96 Sports & Information $ 5.99 Digital Basic $ 12.00 EQUIPMENT In addition to the Digital Basic channels listed on the channel card, Converter-Basic Only Customers $ 4.05 Digital Basic also includes the Digital Programming Access Fee for Converter(Digital,Addressable and Standard) $ 4.05 one outlet A Digital Converter for each outlet is required to Remote Control (all types) $ .3S receive aigital programming on such outlet Digital Programming Access Fee(Each Outlet) $ 4.99 INSTALLATION AND REPAIR Requirea for access to digital programming, including Digital Standard Installs (Aerial and within 125' of able plant): Premium Services, multiplexed programming for each applicable Unwired $ 40.95 Digital and Non-Digital Premium Service purchased,Digital Basic, Pre-wired $ 22.50 all Digital Packages,and Pay-Per--View programming.Certain offer- Additional Outlet-at Initial Install $ 13.95 ings may already include this fee for one or more outlets.The Additional Oudev Relocate Outlet-Separate Trip $ 18.95 access charge currently includes,at no additional charge,the pro- Upgrade(non-addressable) $ 14.95 gram navigator and the DMX music service. Downgrade(non-addressable) $ 8.95 UpgradelDowngrade (addressable) $ 1.99 OPTIONAL PER-CHANNEL SERVICES VCR Connection-at Initial Install $ 5.95 Premium Services VCR Connection-Separate Trip $ 12.95 HBO $ 13.00 Non-Sufficient Funds Charge $ 20.00 Showame $ 13.00 Administrative Fee for Delinquent Payment Cinemax $ 13.00 (assessed after 30 days past due) $ 2.95 The Movie Channel (Digital only) $ 13.00 (assessed after 45 days past due) $ 2.00 STARZ! and Encore(sold together) $ 9.99 Field Collection Fee $ 25.00 Digital Pay-Per-View variable Unreturned Digital Converter Charge $318.00 Unreturned Addressable Converter Charge $158.00 PACKAGE PRICES&DIGITALTIERS Unreturned Standard Converter Charge $ 90.00 Standard Cable $ 38.63 Hourly Service Charge $ 27.50 T Basic and Expanded Basic Cable Guide (per month) $ 1.50 Z- Digital Bronze $ 42.99 Non-standard video installations will be charged the Hourly Service Charge for de Scanaard Cable,Digital Basic Encore,Premium Multiplexes, amount of time needed to complete are install.The cost of equipment and materials Digrml Converter,Digit Remote necessary for a non-standard insalladon may apply for customers reserving service through commercial accounts or oink race amingememz some produ¢pricing and Digital Silver $ 54.99 other mformadon contained herein may not apply.Please refer to the terms and coo- Scmaard Cable.Digit Basic Encore.STARMI, I Additional ditioru of the separate agreanentWhere am are inconsismx with Informtion in Premium Channel.Premium Mulaplehtes,Digit Converter, this Products and Services Price List the terms and conditions of the separate agree- Digim Remote.and I Bonus Choice Category menc.11 apply. Certain rests=ns apply.Call AT&T Broadband for complece deorls about s"m Digital Gold $ 64.99 and prices.Certain services are avulabk separately or as part of Mier IeYeJs of sere- Srsnard Cable, Digit Basic Encore,STARM,2 Additional ice.Not all services are avmlable in ail areas Basic Service must be purchased in order Premium Channels. Premium Multiplexes. 2 Digital to subscribe to any other opodml video serves or uer of video sermon.You must Corwercers,2 Digit Remotes.Digit Programming Access Purcirase or rent a converter and a remora control to receive cenain serves. Fee for second oudec and 2 Bonus Choice Categories Installation.egwpmenc addiaomi curet cringe of service,programming access and other charges may apply,depending on loosion and services ordered.Pricing,pro- gramming,channel location and padaging may change.You must subscribe to AT&T Digital Platinum $ 79.99 Digit Cable and a Premium Semce to receive me mumolexed version of taut Samara Cable, Digit Basic. Encore, STARZ!, HBO, Premium Service. Shovvome, Cinemax. The Movie Channel, Premium Alter mace of a re-aenng of our services or rate incicrease.you may change your level Multiplexes.2 Digit Converters,2 Digit Remotes.Digit of service at no additional charge for a period of 30 days from effective due of change. Programming Access Fee for second ouder. and 3 Bonus Otherwise.oranges in service,you receive requesrea or mused by you,will be suo- Choice Categories ject to upgrade and downgrade charges fisted aoore attbroadband.com pq (over) .,its....moo iooiomwr EXHIBIT > >r Definitions for Fix Code and Grouping Categories on Service Call Summ Fix Codes: Fix codes define the device or source of service related problems. Grouping: Grouping categorizes Fix codes into the various segmented portions of the cable system. Grouping category examples are as follows. A) Headend - Problem could be related to a piece of electronics, A piece of wire or connector, Loss of incoming signal from a program supplier, problems can also be generated from electrical service failure. 13) CO 'X — Coax makes reference to our distribution system which includes aenai and underground cable, main line and distribution amplifiers, connectors. power supplies, hardware, and a variety of passive devices. Failure of the coax system can be due to a variety of reasons, it could be due to equipment tailure, damage to the system (cut cable, pedestal ran over by vehicle, etc...), vandalism, and can also be related to electrical service failure. C) Decoder or Trap: - The use of decoders and traps are utilized for a number of our premium services. There is a very low failure rate for the decoders and traps that we use in our systems. Problems related to decoders and traps are generally failure or vandalism. D) Drop: - Drop makes reference to the drop system at the customer's home from the point the coax leaves the distribution system to the point that the coax enters the customer's home. Aerial cable, underground cable, connectors, and passive devices are some of the devices that make up the drop system. The drop system is susceptible to the same type of failures as the coax distribution system E) Inside Wiring: - Inside wiring is the coax cable and passive devices located inside the customer's home. In some cases we have installed the equipment and on other occasions our customers have installed their own equipment. F) Customer Equipment: - Customer equipment includes television sets, stereos. VCRs, DVD Players, and in some cases in-house amplifiers, coax cable and passive devices. G) Customer Education: - Customer education can be related to our analog products or our digital products and in some cases the customers equipment. H) Digital: - Digital grouping includes the DCT (digital control terminal). DCT remote control and the phone line (used for communication from the DCT to the headend). t) Converter: - ""t currently utilize standard and addressable converters in Pitkin Countv. Standard conveners are primarily used for our customers that do not own a cable readv television set, the converter box allows them to receive the channels that their television set will not program into it's tuner. Addressable converters are used as decoding devices for three of our premium channels. Most problems associated to converters are failure and authorization issues with the addressable converters. d) Customer Cancel: - ['here are times that our service technician arrives at our customer's hUme and the problem that they were experiencing has already been resolved, The problem may have been related to a distribution problem or possibly it was a customer equipment issue that they resolved on their own. K) No Fault found: - A customer may have experienced a problem that at the time the service technician was at there home the problem was not present. With the customers permission our technician trouble shoots the customers ,:quipment, inside wiring and drop system. In some cases there is no problem found. L) Non-Grouped: - Currently DNIX (digital music service) is the only product that is non-grouped. This includes the DMX box, DMX remote and the DMX service. Problems that can effect DNIX include signal problems (distribution or drop related), equipment failure (DMX Box), and DNIX remote controls or can be authorization issues with the DMX Box. .average Response Time on Service Calls -average response times on service calls in Pitkin County is Twenty-four Hours. `6 2001 Construction Activitv Report ( Pitkin County. Aspen and Snowmass) • L:pgraded '_5.8 miles ofAerial Cable Plant to -50 b[Hz. With full two-way capability. i?1 .6 miles exclusive to Pitkin County) • l;pgruded 136.9 miles of Underground Plum to 750 MI1z with full two-way capability. 147.4 miles exclusive to Pitkin County) • Installed 123.8 inilas of Fiber, (4.8 miles ol'aerial, 119 of underground. Calculated from Headend to each Node, single fiber). • histalled 28 Fiber Optic Nodes. (13 excusive to Pitkin County) • I;pgraded`Installed eighty 90-Volt Power Supplies with stand-by capability. • Upgraded all electronics and passive devices to 750 MHz with full two-way capability. Construction Schedule • No new construction scheduled at this time. A.T.&T. Broadband will provide service to any new development in Pitkin County as long as desip criteria is met. 2001 Pitkin Countv New Build Construction • Highlands — 10,085 Feet of new cable, '5'_ Homes Passed. • North 40 --4,112 Feet of new cable, 72 Homes Passed. "I' Quarter Pitldn County Basle customers ending...........................2,220 Expanded Basic customers ending.............1,965 HBO customers ending...........................1,117 Showtime customers ending.......................279 Cinemas customers ending.......................178 "rhe ;Movie Channel customers ending.........129 Encore :Movie Channel customers ending......930 Starz :Movie Channel customers ending........701 DNIY 4usic service customers ending...........207 Digital Customers ending...........................757 High Speed Data.....................................159