Loading...
21 of 1966 - Granting to Western TV Cable Corporation, a Nevada Corporation, its successors and assigns a franchi ...ALL CALL February 1 6 VOTING Aye Nay Salt Lake City,Utah, ,196 Barker. . . . I move that the Ordinance be passed. Catmull . . . Harrison . . � � � Holley . . . . / tf. � �G...-_4. �., �_ Mr. Chairman . / Result / AN ORDINANCE AN ORDINANCE GRANTING TO WESTERN TV CABLE COR- PORATION, A NEVADA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHTAND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE AND MAINTAIN OVER AND UNDER THE STREETS, ALLEYS AND PUBLIC WAYS OF THE CITY, WIRES, CABLES AND UNDERGROUND CONDUITS, AND TO CONDUCT AND OPERATE COMMUNITY ANTENNABUSINESS IN THE CITY. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. Grant of Authority. There is hereby granted to Western TV Cable Corporation, a Nevada Corporation, its successors and assigns for a period beginning from and after the effective date of this ordinance and until the 21st day of December, 2001, the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, under and over the streets, alleys, public ways and public places now or hereafter laid out or dedicated, and all extensions thereof and additions thereto in Salt Lake City, Utah, poles, wires, coaxial and other cables, underground conduits, manholes, and such other television conductors and fixtures as are necessary or proper for the maintenance and operation in the city of a system for the transmission of television, FM radio, and electrical impulses and signals for all public and private use; provided, however, that such poles or other fixtures placed on any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line on the lot abutting said alleys and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways, and provided further that underground conduits, cables and other facilities shall be located and constructed in such a manner and placed at such depths as to not interfere with the facilities of the city or any public utility operating by virtue of any prior ordinance adopted by the city or otherwise, or with the grading and maintenance of such streets, alleys and public ways 21 -2- and, before constructing any such facilities the City shall be furnished complete drawings of any construction pursuant to the provisions of this ordinance, and that the City shall keep and maintain permanent records of the location and character of any underground facilities constructed and the relationship of such facilities to those of the city and public utilities operating within the city. 1. Non-exclusive Grant. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the city reserves the right to grant a similar use of said streets, alleys, public ways and places, to any person at any time during the period of this franchise. SEC<ION II. Conditions on Street Occupancy. 1. Use. All transmission and distribution structures, lines and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. 2. Restoration. In case of any disturbance of pavement, side- walk, driveway or other surfacing, the grantee shall, at its own cost and expense, and in a manner approved by the city engineer, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed. Grantee shall obtain and pay for all permits required by ordinance for and shall be subject to all ordinances relating to excavations or obstructions made by grantee in streets or alleys. 3. Relocation. In event that at any time during the period of this franchise the city shall lawfully elect to alter, or change the grade of, any street, alley or other public way, the grantee, upon reasonable notice by the city, shall remove, relay, and relocate its 21.. -3- poles, wires, cables, underground conduits, manholes and other fixtures at its own expense so as to comply with the requirements of grantor. 4. Placement of Fixtures. The grantee shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to inter- fere with the usual travel on said streets, alleys and public ways. 5. Temporary Removal of Wire for Building Moving. The grantee shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than seventy- two hours' advance notice to arrange for such temporary wire changes. 6. Tree Trimming. The grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the city so as to prevent the branches of such trees from coming in contact with the wires and cables of the grantee, all trimming to be done under the supervision and direction of the city and at the expense and liability of the grantee. SECTION III. Indemnity and Liability Coverage. It is expressly under- stood and agreed by and between the grantee and the city that the grantee shall hold the city harmless from all loss sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever, resulting from negligence on the part of the grantee in the construction, operation or maintenance of its system in the city. The city shall notify the grantee's 21 -4- representative in the city within 30 days after the presentation of any claim or demand, either by suit or otherwise, made against the city on account of any negligence as aforesaid on the part of the grantee. The grantee agrees to maintain and keep in full force and effect at all times during the term of this franchise ordinance sufficient liability insurance coverage to protect the city against any such claims, suits, judgments, executions or demands in a sum not less than $100,000 per person in any one claim, $300,000 as to any one accident or occurrence, and not less than $100,000 for property damage as to any one accident or occurrence, the city to be named as an insured. SECTION IV. Compliance with Applicable Laws and Ordinances. The grantee shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the city, and to such reason- able regulation as the city shall hereafter by resolution or ordinance provide, and shall fully comply with all applicable rules and regulations now in effect or hereafter adopted by the Federal Communications Commission, the State of Utah and the United States Government. SECTION V. Use of System by City. The city shall have the right, without cost, to make attachments to poles owned and used by the grantee within the city for city wires used by the city in connection with its fire alarm or police signal systems; such attachments to be installed and maintained in accordance with the requirements of the National Electrical Safety Code pertaining to such construction, and only after written notice to the grantee; provided, however, that the grantee shall assume no lia- bility nor be put to any additional expense in connection therewith, and provided further that the city's use thereof shall be in such manner as not to interfere with the grantee's use of the same. SECTION VI. Consent to Use Existing Utility Facilities. The city hereby gives its consent to Mountain States Telephone and Telegraph Company, Utah Power and Light Company, and any other utility or company to authorize the grantee to use the poles, underground conduits, and other facilities for 21 U u -5- the purpose of conducting the business of the grantee and to attach coaxial and other cables, lines, conduits, transformers, and other electrical equip- ment thereto. Grantee shall nevertheless obtain appropriate consent and approval for the use of such poles, towers, and conduits as are owned by said Mountain States Telephone and Telegraph Company, Utah Power and Light Company and other utilities and companies respectively pursuant to the provisions of such ordinances. The rights granted to the grantee pursuant to the provisions of Section 2 of this ordinance shall be supplemental and additional to those granted to the Mountain States Telephone and Telegraph Company, Utah Power and Light Company and other utilities and companies who have been granted franchises; provided, nevertheless, that the poles of such telephone and power companies shall be utilized by the grantee hereunder wherever practicable. SECTION VII. Payment to City. As a consideration for this grant, the grantee agrees to pay to the treasurer of the city a sum equal to two per- cent (2%) of the gross revenue per annum, derived by the grantee from monthly service charges received by the grantee from subscribers to its services within the city. Within 60 days after the first days of January and July, 1966, and within 60 days after the first days of January and July of each calendar year thereafter during the term of this ordinance the grantee shall file with the treasurer of the city a report of such revenue as described in this section for the next preceding six month period, which report shall include a computation of the tax due. The amount of the tax so earned and calculated shall be paid on or before 30 days after the filing of said report. The treasurer of the city shall determine the accuracy of the tax computation and if he finds any errors shall report the same to the grantee for correction. The records of the grantee re- flecting the information relevant in determining revenues described in this paragraph shall be available for inspection by the Board of City Commissioners or its duly authorized representative at all reasonable hours and upon reasonable notice. The payments described in this section 21 -6- shall be in lieu of any and all other franchise, occupation, privilege, license, pole, wire, instrument, excise, revenue or any other taxes except ad valorem, property taxes and special improvement assessments lawfully levied by county or any other subdivision of the State of Utah pursuant to law. SECTION VIII. Approval of Transfer. The grantee shall not sell or transfer its plant or system to another, nor transfer any rights under this franchise to another without approval of the city commission. Pro- vided, that no sale or transfer shall be effective until the vendee, assignee or lessee has filed in the office of the city recorder an instru- ment, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof. SECTION IX. City Rules. The right is hereby reserved to the city to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find neces- sary in the exercise of the police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Utah. SECTION X. Supervision and Inspection. All construction or installa- tion work performed subject to the provisions of this ordinance shall be subject to approval of the city engineer and to such inspection as he shall find necessary to insure compliance with governing ordinances. SECTION XI. Deposit and Publication of Ordinances. This ordinance shall be deposited in the office of the city recorder of Salt Lake City and shall be published once in a daily newspaper published within said city within seven days after such filing and shall be in full force and effect thirty days from passage and upon the filing by the grantee with the Board of Commissioners of an unconditional acceptance thereof in writing, which acceptance shall be filed within 30 days after the passage 21 -l- and approval of this ordinance. SECTION XII. Binding on Assigns. The rights granted by this franchise ordinance shall be binding upon and inure to the benefit of the heirs, assigns, grantees and successors in interest of the grantee. SECTION XIII. Severability. If any section, subsection, sentence, , clause or any portion of this ordinance is found to be invalid and uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such decision shall not affect the validity of remaining portions of this franchise. SECTION XIV. Repeal of Conflicting Ordinances. All ordinances or portions of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION XV. Time to Commence Construction. The grantee shall begin construction of the system within 60 days after all licenses, permits and other authority requisite for the operation of microwave facilities is obtained and pole line agreements and all other necessary legal require- ments for the installation of the system are satisfied. If such construc- tion is not begun within such period then this ordinance will be vacated. In the event that grantee does not perform according to the provisions set out in this contract, grantor shall give written notice of the par- ticular items wherein the grantee has failed to perform and grantee is given the period of 60 days to correct its performance. If no correction is made during said period then this ordinance will be vacated. SECTION XVI. Forfeiture. Any violation by the grantee, its vendee, lessee or successor, of the provisions of this franchise, or any material portions thereof, or the failure to promptly perform any of the provisions thereof shall be cause for the forfeiture of this franchise and all rights hereunder to the city, after written notice to the grantee and continuation of such violation, failure or default, 60 days after such notice. Passed and adopted by the Board of Commissioners of Salt Lake City, Utah, this First day of February , 1966. 7 �7 .ceMAYOR . 1i (S E cif DER _ 21 BILL NO. 21 of 1966 - Published February 4, 1966 WESTERN TV CABLE CORPORATION RECEIVED 39 Exchange Place - Suite 3 Salt Lake City, Utah FEB 2 3 1°66 February 23, 1966 t"ti4344\liNk\g(Sti‘" City Recorder Re: BILL NO. 21 of 1966. TO THE BOARD OF SALT LAKE CITY COMMISSIONERS City and County Building Salt Lake City, Utah Gentlemen: This letter constitutes our unconditional acceptance of the above Bill No. 21 of 1966, which was appropriately published in a daily newspaper by the City Recorder of Salt Lake City. Said Bill No. 21 of 1966, provides for the issuance and approval of a non-exclusive franchise for Western TV Cable Corporation to construct, erect, operate and maintain over and under the streets, alleys, and public ways of the City, wires, cables and underground conduits, and to conduct and operate community antenna business in the City. Very truly yours, WESTERN TV CABLE CORP •.'TION 2 4 BY _.,l i /14. :e e 21 AON-90A AN 0R0INA?iCF �` AN ORDIN JNr b 6RANTIN(, T(1 W-STERN CABLE ORPORA IIiON,A NEVADA CORPORATION, NESRIGrifSrANp pRti1LEGF TO q,%1 :,fC?, ERECT OPERATE aNp PURL CEWAYS�OTSTHnC V, Affidavit of Public°).rue, a ;ROUND CARLES INpER- �ROUND CONDUITcp q,Ip TO'ONOJ„T lTP A ERATE yOM- �'UNIiY qN TENNA BUSINESS IN E Ct TY. ordasnep by the /iva-y • wm,,s=i°ner H UI 11, / Salt Coke City, 5._C ,±, 1 g•ant f aq fitnri`v. ' SS. l'h.re t`erepy - led "e'S'ern TV fable Corporation, a Nevada ake or r it, ..,.PO far a ner,°<'Itc,nnin9 d as- m and aner the o-em IFgcer i any arere,''i;daythh G M Ockey �nrcomber,xgi,the ngm any mal abo,vealuncr a.no atOthe a IDA/o P ereCa ways trip the la"astreets hareaaxr law dibd�a a'ican Being first duly.sworn_deposes and says that he is legal adver- °ytli,lotl th Prrrnensions thereat and ",n.,,.. ,wlr•ono Lake p d. ng clerk of the DB'SERF'C NEWS, a daily (except Sunday}.e d Ihar using longs,age!uci olbeer hcf ieieyi;ibama d,r' an fixtures n neevspapet printed in the F,nglish language with general cir- mr, the umte�ta`„« cnlation in Utah, and published in Salt: Lake City, Salt Lake �rrroiioi�I, n. m ire;ro no aa.-m'stia el in.c'rt. County,in.the State of Utah. Itm✓Wses Ah no radio, ly,ol a for aIlmoubtai y e P f hlwe be. t1that olc 4 :place. ' d y street.h I.be Flared That the legal notice of which a copy is attached )threw ti_ e,•-e<e,Pf the 'and d-Ig fry bn Mall b °ill sd Salt Lake City Bill No 21 of 1966 -jd t 91 I said alloys and thea fh. t b Ifrq lu ° an Ordinance Granting a franchise to Operate i rt al.t rays ou Iy II/r- allies nyd olherrfacilitles ahallaba (`locate a c r t i d rh r earl d r depths Community Patenna Business to a thd r 11 he faculties ollot. 'yvirtue or any aliC utility cur, - "` by virtue by then`itPrior °roiche �Jestern 1V able Corporation. ..I tcof'h .d - h t City,1rU and __._. ways a ISO ti o anyrsuch rShcd cord/fete facilities the edrasyng shall any ci f pursuant r hatsoh F han beet,and maintain tr nermae —----_-- ---� �dBata reroas °,underground iornrmn and ai fan derground/Ralf- was published in said newspaper on Februar� lyx_1966a___ues constructed and the relationship of such facilit'.es to those of the cdy and p bhe utilities OPeratdd wdlin s the city. T to. N..erclvsive Grant-The right • i'Vld Unv '---- ---- aie ya,°Public.ways and places for not ne Moses herein set forth hall ezolusive, and the oily so- servossr tit e rigor} similar __ .._. _ .._..-._._._._._ _. _. -. said leys, public ay d places,1 fly.ne o, at SECTION n.Conditions on Street 1.”rll Advertising Clei'k lie 1.Use.All lriT'l; ioaea,d'still reen1 bectedu res, Imes to r m n el city^cshalll�b the leaalyd as o the'cause use of •serf,a 1eyswlty other public ways and places,and to IC., minimum interference wit'n m tun or r...fble.,,Ntllr,-beworn to before me this____._ l th______. .______ day of lof Inc sold sfreets,alleys oor olVen public ways and, Imes. .Restoration.plates of any dir.•y j9/1 66 totbanco o/ sidewalk, - A.D. lY • Il,driveway or other Surfacing, the tyrant P shall, at Its cob cos'rad b. cxr d PP ved by thepoutpace,replaced e fa all paving, d t tl' y - i rb d G tt..sh ary ell onoreet or el poy f� fee 't o b , T .I ,na tee for and bshall be soffit,'to a'l sl rtmns inances nade 1 by ntee in 1 Notary Public streets p aue`ys. tin,during the to dreg, toihIdsarr auu the c ail lavyvpy elect to streei,of or other public away,the antee, e rahle by !ha city,i00altr romp rclaccr and Ie Its Poles• ablF x Tres undnr»round conduits,manholes and P ool^t,o comPec a' is • eau rase a o with the r cots A grantor. .0eAllnt f Fixtures. The 6 l ollgraetee r fix"IVSII wlhee }lie samleswill 'eic�nore v':Iziae,V n s,hverent e. Ifixlaesl pilacedd In any sll eel Jlaunbe I lPlmed at he outer Odor I Inc side i a,k and inside tore curb line,and W o those placed105^ nlhoe shall he .nlace) .lost to�lhg of the lot ba-lir.n o al:rv,cad Ines in o we.ary t elk,sat h,Won for (1 Lego(rlotic�; ___ Move,Inuits mg i, ler et the cily n sdra!Baal tour de Brost tili city, " y es '1 i h' der vetl service Clem, 1 e i, woes tlo it Ine t re es vnl Ifrorn reelved byntlhey gtanteefrom subs b ludhlinst 'loofa ex,c s wIr to ran ter al,Suitingr lowering - to Is services within In the city.of of wires ren�th he or, n I the m of ;Within 69 days ndJuly, the Hear dais i tortumling 11 i Ito ry to the',l 6d, thin co t h 1 authority to antl Il after the ar, dah f J our I, volf t a an tl year h thY 1 Jdy - t f t s err I teen g I Y I I I y lace n r '.d'. theg to shall f". with Ore to moo, e for s,.'t dlrn.ro arc the!ee of the.city retort of i yore cha s drscr!be0 It this I' next preceding ow v^ I s i.y t tom, eludeth uo P I-riod,wit,rep,t t Ilyou a Iley-s, sidewalrs and it,noels and 'yrieg t ahlic oleo, The and amount snail be gala on earned I Ice coy s s to from co the and 00 days after Inn Iilteu of said in branches of.sutct Imes fromreport. the treasurer of the city onto ct with tan wires and while shall determine tar accuracy f the of e n Meet all S BS/minx fo d ;tax computation and if c he finds any door under - arid ,errors shall report the same to Ilia e expense 1 Igoe eel Yp tl utool l tee for e et:Con.TPe r cords n0 II n Ii'. f tyo I a grantee t I reflectinginto, Sty ION I I d s a s Ls.- t t e' t der - - idolersteod age bl Y It .hy des: d is h boron the gr I g od lye d ha! ;shall he b - n o'rd the city ha! h-Beard City Commissioners Ine gferiae shall bold',i ud y toe its duly authorized representative at ',oils Irom.of loss s ned by fnr, lag Y tble Loons and c - oily or 1 1 i -b1 I TR. 11 I ! e ba g in Il bn 'It n t i n I f any d all franchise, Ih I I h t 11 I J' . I le ,anon o nn Wm,instrument,F ve tie or strut len�nc 1 ors nor, Ihe city The city any other taxes except ode alorem, Hall notify, the grantee's r ors atte- prc nt ty taxes adlavVtuily levied by live p Ine sty wofin y days ffor mei,assessmentstier lawfully sub levied of Improve- the nd,presentation of of the county ta or of Utah pursuant o lahof l ode a either 1 by oily nor Otherwise, U fort ih ly account of 1 SPCTION VI,I.approval hf Trans- pat,. fe". The grantee hall .t', I IM1 I T 1 ter It Y systemt n i t• tome and r oe t t I co d tiffeerfmes fun I -transfer ar1 lints, undo/ Me t m nI this I .h ore orginance p a ethic city c moisten.without c- to 1 1l;IheIC it nc (prove; d flat I iry f shall eI -dy I.r c any e effective lessuntil t e vendee, e, oi. or d.. i I rr e Wixom om y rule i.Mentz CuU II executed,rd. a Ilse cog p 10 Y cad t er fact of eh sale, reeding 4 f r S100,00n tot two Inns then j lease, accpting the assignment of the prat or dama4n n e franchise, and a r eing o perform uinam ne all the conditions thereof. Icily C.IIba named e with Ad. SECTION IX. City Rules. The PlicSsure L IV,ent Cr,a with h !right Is hereby rase ed to the city gran le La is and tOn sa noes. The adopt. addition to Me p evi- g I al all i r' the herein contained and 'ng a ( colthi f, se f b.— le .ble such i f or Power II I I f i' 9 tail it shall find rootlet.;imiJiation as by f t :rower,y 'n he - ice toucan,-b1 r.o"ali,.n for o city d'nence fin- bypr o d provided t such regUlar otherwise, /rewrite,a sM1en lu.ly compl'.1'1' ;shall he reasonable,and trot it ? I tl aticns sha with. t- '.b Fir on. cf -heenalter adopted d shall o Y, antl-I Will granted ny 11 I;wIr I C ri Ions ,s 01 I'� State I Utah ho C - I'. CSlateUtah and la v Ith N Slat - 1l. IlnSECTION All X. SupervisionI I laid SECTION V. f System by lei-an work performed xlbfact to the Cloy. t r city shall have the right, of ors ordinance shall*mob poles of cell,to me Ilpdn ti,an to I;provisions approval of he cityon asphe- �d a u - Ih 1 city 1 IY a and toa e.r by the arti y.r l 'I systems:I Its ;P ao e nd hgoecessaryverning Insure 07-CrildnCeS. istla ua a SECTION XI.Deposit end Pub-ca .d - d with a Ilia of Ordinances.i This ordriled '' ,remdrenhent. 'I l Electsf. -hall be deposited In Me oPre f t rarely Cede f t to such t'e c.'Y Meet Cur of Salt Lake C ' comb Lotion, 1 t I d hsI b "1 rt 1 noticetothe p meted,how d J e b s d with, 1 t the_grantee shall _a cly nh'n sev, elsys after bl'IY our h 1 to asYadd'. socli fllino and shell i g force I1 I there d effect it fy d-Y 1 P- u 1 role I I�.I to its, d .Wien bym grantee la tier J II c m Commissioners not to Interfere with Ine, an unconditional�a«rn+anee thereof 'Warder': t Ihe sin writ-bor..owhich acceptance shah lION VI < t t II' f' b rld wY 50 days aver Me pas• SM is eta and of this N, ! th e' e- SECTION XII P nd ngl os IA' s. ny ewe 0 Slats, T_- n ,1 T. right tee by U trod I r dtnaece Mall be binding u and Car.am c epee t•errCompany, and any atl•.or grantee iIrure to the benefit of It,hairs,a sso;I Ice ..ny!n aulnonrzr _ e to signs grantees ands altos In in e be pt nose. _tere:i of the� grantee. and nit, ucil fnr rp 'P se. SECTION X,III.Severable ry.If env M 1 In t a I rnr seCtion,subsection,sentence,clause grantee id it, al,o r maxi,' and y portion of this ordinance is other froms, - fund to be invend and u con itm formers,and sets elnsl4cal emirs- }IOpal bn any tUurt of competent u, r 1 from. Grantee shall such portion a bo thole.=; nblalt supreme,rocs c cell deemed separate,distinct shall Ir- onies.approval for Ih use of flirt`, dependent ot provision d such elect owns ny said and conduitsi States a a I'on shall f effect the validity of roilowned ary slid graph in Stales Utahele- 0 pwrdons of ih s franchise. and a i'Comn ant,Utah SECTION XIV.R o of Conflicl- t a -'a c ee0ther It Missile,. A arences o 11 Jf ely tetc'ts of di conflicta 'ref own Ise of tl.', t 'e t rtrd e hereby o - < 1 - SE' 0 X/ to C supplemental l d J I IC r This the maid, 'Ihh gin in d t VI-II 1d Y after1 tern it d dT' ,Power ' other ration of microwave Ie tor facll tell is utilitiesnoandad g np h ,ova .milted,and pFtMe agreement. Shied ' M� such eeal I s.,11 r o such d all ist shalll h inst IYatton of b telephone t l eel by the lee tti nuu,st hereunder Ito.=/sfe i f vralf.F s�'� h hl I ton I t begun SECTIONraVII Payment to f.lty period titers this o dina,Ice will bor I grantee agreed fon for pay this Oin bteaslre t/ I doetedratl It the event that pperformaccording granteetoo The Provisions =et ourirt t aw COnr tract, r t nr shall iv de t o- ,tire or the t grantor portico lt f'Ieli I60'I ons wiierein IXS o I ed Ile aeriorrranee-If rector a r avriou $eoe I'Per ode Mon Pas o es,e,. m v SECTION XVI. Foriniture. AM'; 1 violation by he grantee.its yonder, of}he p of�Ileisorfranehls ore ,Y materoial echoes thereof, or iho !eu re to l Promptly eof shell any of thePrnvt-I la ns/hefeof, II be e,for the i t'ahtsute f th'.s o1 ire ireIyn aflnr rrgafs Y noltre e'd t tit,, r „ and ittepaliotlo '„cn v ,e fde: opnd's'ocd.60 oacto oelrnry thkc11 nE,O r(I j u lPasses and ado of sa rf I gay, h,'nthis'First clay of February, 1,66. J.NRACKrN LC F. •nynl'. ti r.RMAN.I.IIOCENS'-N. ['I'll- Alert Fr�uai 9dn FC'.0 f utr, ,. _.i Let ,.1,. Jun,-Ir _ Presented to the Board of Comrnlssioners �d 11-1 00) ANDUniteu sh.ic, ,f Amr,,eo APPROVED F i e Ire,. COMMUNUC; ohS CCh'tiSa'UN I .-rs. I.:V.-',i } Ft13 it 2 ( 1JT3CABLE TELEVISION CERTIFICATE OF COMPLIANCE i This tiiaa�fie tt abiy Rb, west rn TV Cable toy porat ion is authorized, pursuant to Part 76, Subpart 13,of the Commission's Rules and Regulations,to operate a cable television system'at , • Salt Lake City Salt Lake Utah /Cmmeant iv (Coen)?I (State) • Expiration date of certificate: March 31, 1977 , Broadcast Signals: KCPX-TV Channel 4 Salt Lake City, Utah KSL-TV Channel 5 Salt Lake City, Utah ' KUTV Channel 2 Salt Lake City, Utah RUED Channel 7 Salt Lake City, Utah KBYU-TV Channel 4 Provo, Utah KOET Channel 9 Ogden, Utah KTVU Channel 2 Oakland, California KBHK-TV Channel 44 San Francisco, California KTXL Channel 40 Sacramento, California 1 • Special Conditions: The hoticr of:his Certificate is subject to all relevant orders,rules,and regulations of die Federal Communication,(omrui=.,ion,sramre,of the United States,and treaties to ahich the United States is • a party. This Certificate is s.ued on the representation that the statements contained in the cable television vstcm'.s application are title and that the underral.rngs therein contained will he carried out in good faith. T�ule I: FEDERAL COMMUNICATIONS COMMISSION • R..�,r Secretary i • f 1. tZ a�,."a( �4,/2,i tV— If 70 . t f. • ;, (,11 [ 10(1 I II Februard 14, 1973 , " 1g; r ;!. Res j ;;,a , 'I; • I 11111, a j,, [lie KCPY-1 1. lita': • f , '•, t i( ! Cal if crnin, • , Ce.1 IC, f I I I ,a; tl,ese 1 5 a! ici,Iui IL is-, ! ,• . cert Ate 01: t f SS il)11'S rules. le It.,1),-.C1,,e Jo; r-Jor'1. !".;, , 1, t ... Licensee of Si dLic:1 Salt y I 1(I! ,'!! ' ' LiDS Li' :ert nier, Ge;!,,, ; ,recited only tic tlie farthat has. pr.o!,,,ed for can- ,it ions from tile •Ian Francis,o Oakialv. - San ., ( nstead I tivatiodi of a star.ion • .1 I, I., ' I COI criilctioic permi( orcart, t_loser ;tat.lutls r—ir Los ' lion with it!, (ertifi...ate appli, V," not ad section 70.61 of the Rules it firer Luc, Li': i nilepeltd0rit signal s it carries, is! i",)cc, he i-.e 25 largest_ television markets cc n, ria Is Iron, arty of the 25 markets Ste to he carried. , it notes, ,1,,lependent UHF television ion t I1;.; 11, ion I 41)11, d ;Ili.; r.t.11.1 cl'1(.1 Its r r tg ‘; iLt rla le . 11,twev, . 1 • t is ! .11/ 1 1. 1 t` 1,1,1 L; tler5 cnN , ,11 t , .1, Ch. * r ,r I I ..pp ,f1 fp, Luti Wt. so s L1.1 11 IT argues: (,z 111, 1;i1.11 ; ; 0.11 land. 1,11-kut. is altproxi- 1.,1_, 'ilk(' (.; ‘1 Los Angeles •k a' e.1 11;.dr like City. lie <Hit, t-it•Cl • les:, .1; or,c Oil. oiI tot al rri ,I, ' •; 01 3 Mi iC el 100003,3 er .:0,1 Irerwerin Sail . 0. • , , 1 01, eti le, I lit LrE' are antho, • s-a 1 .s., „ ;_o ,.I, Lake (it:, or to itnn ttlaro 1,1-ait. of the waiver I el is:Ili:,1;0 1i • of •o•ls)rut L i at; exlensl ve 1 W.1. 11).1 .1 1-,,ing only ..11,0 1 ed iai Ver wou Id t)r) t••••, .t. ;',o no; wleri yi ng adoption of .:a• , • f orth in paragraph 92 of lit) Lc, Lstta zun-r. and Order.. In that Comm. ' on L.r.te(1 LeaLwi r . I I c a 1")sk r I 10 i is f ron) t,,o; ',1 1,, no aural I it it, : ",' nz at• I; n • Itonnf/LS 01. .11 4.1e 'or........" at ion•lc', Vtistei ii IV It C. 11 this situation ,on , • os n.tiritng'-'Sitt, lose is a t rz'her r,ark,•1.1 Loan - d at from, tb 3a• rn3 d r1n If‘111-It 01 II0.',Ie 0113 ri age ;t", A"' '1-1! ) c,," Jr I, .i•e carried uxts), ',1• 3 tur;r ' soy;,tiaa)stisl-,, St at•-,•• r, ,•I• s, ti, 1110.1,Led rati tzt1.11 r00,1 C;11;116 (Cli '; / II`11 ; 1,0 1 .01I I;.(;;)(I C.11; 01 Lilt, rules )41;"CI indicates t Lat 3 3 Err' 11. r .'I d 1 11,0 eat., that a' t.1 outs i;) [I It' I ,1, , t/t_11,,',zed •)-c•nt i on),olek to Sell ri 1-‘ a•r ,a; I., br 1,'us ttrn • wtr•tr; eat oz.ant 1'. , , es and ,rrn,es tir V '.4este rn T'. ). 1; • or g I , • ,.11• : ' na 1 of star ion ramcnro at-L, II iVal 011. 'CC , 1 ‘4- — -- eo • C. Western PV's upr , proposed is entirel - consistent ' ui ,, H _ rules, except for carc'ia ,, .,--`,''J with respect to w:.ic'. a t c.,i e r as be n r equ s eu 2/ In ad,o, p the rules, particular concern wa e/p >.sed ,i in the absence ,apftogging restrictions, a limited I n-_,r. i- ,f ste i ci from the larger, .,,..,Lets would be carried to the exclusion of all e,tcer stations. Thus whatevi i oenefits could be obtained from cable carriage would be confined to these iew stations. 3/ Los Angeles stations, !ce virtue of their popularity and c:,iii.,cge on common carrier microwave f facilities in the southwestern UniteJ .States have had particular success obtaining carriage. In contrast, -an Francisco-Oakland stations, because of the market's location, have received rr. re limited carriage. In addition, the markets location between the Seattle, Los Angeles, and Sacramento- Stockton-Modesto markets means that it will be the first or second closest top 25 market in a smaller area than Los Angeles will be. Because the distance here involved is small, less than 4% of the total distance in- volved, and because this is an unusual situation in which waiver will further .. k the policy of the rules to spread whatever benefits there may he from y, cable carriage among a greater number of stations, we will grant the i kl waiver as requested. In view of the foregoing, the Commission finds that grant of the above-captioned application would be consistent with the public interest. ACCORDINGLY, IT IS ORULRLD, That the "Objection to Certifica- tion" filed May 12, 1972 by Screen Gems Stations, Inc. IS DENIED. IT iS FARTHER ORDERED, that the above-captioned application (CAC-6l) for Certificate of Compliance IS GRANTED ad an appropriate Certificate of Compliance will he issued. FEDERAL COMMUNICATIONS COMMISSION Ben F. Waple Secretary .� 2/ Contrary to the Screen Gems suggestion there is no pro✓ision in the rules that would req,iire Western TV to carry the signal of Station KMUV-TV, , channel 15, Sacramento, California which has a construction permit but is not vet operational. The construction permit for this station was granted , on July 31, 1968. Recent filings concerning the station as well as the Commission's First Report and Order in Docket 18261, 23 FCC 2d 325 (1970), reserving channel 15 for land mobile services, suggest that its activation 1 is not imminent. 3/ Cable Television Report and Order, 36 FCC 2d 141, para. 92 (1972).