Committee of the Whole Agenda Cover Memorandum

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1 Committee of the Whole Agenda Cover Memorandum Meeting Date: July 13,2009 Item Title: AT & T V-Verse Cable Television Action Requested: D [:8J D D Approval For discussion Feedback requested For your information StaffContact: Phone Number: Address: Jim Hock Background: The City Attorney has given a legal opinion that based upon our ordinance language, ATT must pay our permit fees. This would be a $500 review plus $500 per junction box that they locate in the parkways. ATT has expressed that they would place 36 boxes in various parkway points ofthe City. The legal department of ATT believes that they are exempt from local construction permit fees for this work based upon state law. They will not pursue litigation with the City, but they have indicated that they will not install the necessary infrastructure to provide the V-Verse Cable services to our residents as long as the City insists on charging permit fees. ATT has however offered another form ofcompensation to address the landscaping that sometimes needs to be added to screen these junction boxes to block the view from residences. Attached is an outline of the financial options. Recommendation: To discuss whether the City should waive the permit fees and allow ATT V-Verse Cable Television to locate in our City. Budget Implications: No expenditure is required. ATT will provide up to 5% ofgross revenues plus and additional I% of gross for PEG provisioning to offset costs to the City to handle our streaming video. Attachments: Construction Guidelines V-Verse System information Screening Options First phase build-out locations

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3 AT&T Construction Guidelines 1. AT&T personnel and their approved contractor(s) will adhere to all municipal permit requirements and all state, federal, local laws, ordinances, etc., including the following: In instances when a governmental agency requires a traffic control plan and work area protection above and beyond the normal work operation, (i.e. multiple light boards, police officers, k-rails, crash trucks, or soil erosion control plans, etc.), SBC representative will submit the plan to the respective governmental agency for prior approval. Approval is required for open cutting of streets and/or driveways. Open cuts in the street (if applicable) will be steelplated and pinned at the end of each work day. Open cuts in driveways will be permanently restored by the end of that work day. Restoration of right-of-way /easements, landscape, excavation area, roadways, and driveways shall be to as good or better than original condition. Concrete sidewalk and street restoration will be in compliance with all local and state governmental agencies specifications. Prior to the commencement of work, specific plans will be provided to the governmental representative detailing all necessary restoration. Permanent restoration will be completed within fourteen days of completion. Ifthe seasonal restrictions do not allow permanent restoration, i.e., asphalt plants closed, non-growing season, etc., un-restored locations will given a high priority status when conditions permit. AT&T personnel and their approved contractor(s) are responsible to insure all underground utilities are located prior to start of construction (according to state, federal and local guidelines.)

4 AT&T personnel and their approved contractor(s) will adhere to the assigned "work hours" as approved on the issued permit. 2. In an effort to conceal and/or aesthetically improve the cabinet area, strategic placement of indigenous plants will be completed in cooperation with the appropriate governmental entity. See attached examples (selection of indigenous plants are not limited to the examples shown). 3. AT&T will provide a management representative, acting as a single point of contact, to interface and coordinate all work operations with the governmental entity. 4. AT&T and/or their representative will be responsible to notify all property owners at least 24 hours prior to beginning work on an owner's property or adjacent right of way, either in person or by leaving the appropriate name and phone number on an authorized AT&T door hanger. 5. AT&T personnel and their approved contractor(s) will be required to have picture ID's containing the employee's name and company name and be displayed upon request. 6. AT&T personnel and their approved contractor(s) keep a copy of the applicable work prints, permits, and job specifications at the work location at all times during the work operation. 7. AT&T personnel and their approved contractor(s) shall insure that all trash and debris generated during the day is removed from the work site on a daily basis. Nothing is to be left overnight without proper approval. 8. AT&T personnel and their approved contractor(s) will not store equiplllent or material in the public right-of-way without prior approval from the. appropriate governmental agency. 9. AT&T personnel and/or their approved contractor(s) will respond to all customer complaints, and if requested, will provide a written explanation of the complaint and AT&T's response to the governmental entity. 10. AT&T personnel and their approved contractor(s) will use the necessary due caution while working around existing facilities and structures. If applicable, structures and existing landscaping will be protected as necessary to avoid damage. In the event a damage occurs, repairs will be

5 completed without delay to "as good" or "better" status in accordance with the appropriate governmental entity. 11. Prior to the start of construction, AT&T representative(s) will meet with the appropriate governmental entity to review current build schedule, build locations and share any relative information relating to this project. 12. AT&T will make a conscientious effort to select sites that will minimize the impact.of the equipment on the nearby area and to the community. AT&T representatives will coordinate with the appropriate governmental entity, site selection of facility locations prior to start of construction. AT&T is committed to providing world class telecommunication services to its customers by working closely with the municipalities we serve. All work completed by AT&T personnel and their approved contractor(s) will be in accordance with established permit requirements.

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7 AT&T lj-verse SM Top 10 Reasons AT&T U-verse SM is Cooler Than Cable AT&T U-verse TV offers you a new entertainment experience with leading content, service integration and features that are unmatched in the marketplace, making U-verse TV cooler than cable. 1. More HD channels than most local cable 6. Local Yellow Pages providers currently offer search U-verse HD technology delivers rich, realistic video and YEllOWPAGES.COM TV gives 5.1 channel audio with a wide selection of HD channels. you an intuitive new way to U~verse TV also features a robust channel Lineup and a Large search your LocaL Yellow Pages library of Video On Demand titles for viewers of all ages. directory on your television screen. 2. Four stream DVR recording You can record up to four shows at once something no other provider offers today. 7. AT&T Yahoo! Games You can play your favorite games on your television screen, including Sudoku, Solitaire, JT's BLocks, Mah-Jongg Tiles and Chess. 8. Advanced search functionality U-verse TV has a unique search capability that allows you to search programs or the VOD library by title or an actor's name. 3. AT&T Yahoo! Web and Mobile Remote Access to DVR With U-verse TV and Internet, you can schedule DVR recordings even when you're on the go from any Internet-connected computer or compatible wireless device. 4. Built-in Picture-in-Picture You can channel surf without missing a minute of the program you're watching by using the Picture in-picture browse feature. 5. AT&T U-bar The U-bar allows you to access customizable stock, weather, sports and traffic information on your television screen, based on preferences set through the AT&T portal. 9. Advanced program guide You can easily access programming information in the intuitive program guide, including title, time remaining in the current program, cast and crew. You can also decide what your family watches by setting easy-to-use parental controls based on ratings or channel 10. AT&T Online Photos From Ftickr You can simply and conveniently watch slideshows and browse your online photos right from the comfort of your couch, on your U-verse TV screen.

8 AT&T U-Verse AT'&T U-verse TV FeattJres AT&T U-verse SM TV offers a new entertainment experience with advanced features and leading content that makes television all about you. Television Entertainment. AT&T offers U-verse customers a variety of compelling programming packages and a robust channel lineup featuring today's most popular networks. No matter what their interests, customers will find content that fits their lifestyle, including movies, sports, music, local programming, premium channels, Spanish-language, religious, and ethnic networks, and more. High Definition Programming. Customers will enjoy a high-quality picture in standard or high definition (HD). U-verse HD technology delivers rich, realistic video and multi-channel, movie theater quality sound. U-verse TV carries a wide selection of HD channels to maximize the home entertainment experience. Fast Channel Changing. Fast channel changing reduces the annoying delay experienced with other digital broadcast services, whether a customer is channel surfing or recalling the last channel viewed. Video-on Demand. Through a broad video-on-demand (VOD) library, customers have one-touch access to a range of titles, including current and classic movies, live events, anime, music, sports, and premium on-demand services. Innovative Program Guide. U-verse TV features a crisp and clean user interface and electronic program guide. Its intuitive navigation, menu functionality and information-rich guide enhance the viewing experience. Digital Video recording. U-verse offers advanced digital videorecorder (DVR) capabilties that allow customers to record their favorite programs or pause and rewind live television. Customers can record up to four shows at once - something no other provider offers today. Picture-in-Picture Channel Surfing. Customers can channel surf without missing a minute of the program they are watching using the picture-in-picture browse feature. The picture-in-pieture functionality is tunerless and software-based so customers can enjoy this feature on any television. Web Remote Access. AT&T Yahoo! High Speed Internet customers can control their U-verse TV experience from any location by scheduling DVR recordings from any Internet-connected computer using their AT&T Yahoo! broadband portal. Program Search. U-verse TV has a unique search capability that allows customers to search programs or the VOD library by title or actor's name. Parental Controls. Through easy-to-use parental controls, customers are in charge of what their family watches. Parental controls can be established by ratings or channel.

9 AT&T U-Verse SM How AT&T U-verse SM TV is Delivered AT&T's Internet Protocol (lp) network and video backbone delivers high-quality video, advanced functionality, and other applications. Video content travels AT&T's managed, two-way IP network and arrives at the customer's home via fiber-to-the-premises or fiber-to-the-node technology..loffice IP Video Super Hub Offices IP Video Hub Offices IP Serving Offices Acquire programming from providers; Receive national programming from super Distribute programming to homes. encode content. hub offices, add local and PEG programming and store Video-an-Demand programming. Copper Fiber l\jode Fiber to within 2,000-3,000 feet of the home on average. Fiber to the l\jode (FTTN) Fiber to the Premises (FTTP)

10 AT&T VRAD Screening Options 1) AT&T, together with the municipality, will review all proposed sites within the jurisdiction of the municipality to determine wbich of the sites require landscape screerning. AT&T will create a landscape design for each site and contract with a landscape contractor to perform the work at AT&T's expense. AT&T will provide the standard warranty of plant materials. On-going maintenance of screened sites will be the responsibility of the municipality. 2) AT&T will pay the municipality $2,000 per site for all of the above agreed upon sites which require screening and the municipality assumes all responsibility for screening individual sites. 3) AT&T will pay the municipality $1,500 per site for all VRAD sites in the jurisdiction of the municipality without regard to the determination of screening requirements. Under options 2 & 3 the municipality has the sole discretion on whether or not to spend the money on screening, how much to spend on each site and who will do the work. Under options 2 & 3 the municipality releases AT&T from any screening obligation in exchange for the payment. Under all three options, the municipality is responsible for on-going maintenance. And finally, AT&T remains obligated to restore the site to its original state after construction regardless of which option you choose.

11 esc ECD Provisioning Complete Municipality Living Units Address ECD 12/24/ /2010 PARK RIDGE 153 xc f 320 w grant pi. 12/24/ PARK RIDGE 224 xc f 303 n northwest hwy esc ECD Provisioning Complete Municipality Living Units Address ECD 10/24/ /19/2010 PARK RIDGE 652 xc s 232 wisner 10/24/ /19/2010 PARK RIDGE 201 sai f 8001 ottawa 10/24/ /19/2010 PARK RIDGE 533 sai 1019 renee ct 10/24/ /2010 PARK RIDGE 419 sai s 925 n delphia 10/24/ /19/2010 PARK RIDGE 443 sai s 1054 n delphia av 10/24/ /19/2010 PARK RIDGE 304 sai 1821 w glenview av 10/24/ /19/2010 PARK RIDGE 323 sai s 1628 greenwood 10/24/ /19/2010 PARK RIDGE 217 sai r 1212 carol 10/24/ /19/2010 PARK RIDGE 305 xc f 745 n seminary av 10/24/ /19/2010 PARK RIDGE 184 sai r 950 northwest hwy 10/24/ /19/2010 PARK RIDGE 269 sai r 1070 northwest hwy 10/24/ /19/2010 PARK RIDGE 188 x-box f 1226 northwest hwy 10/24/ /19/2010 PARK RIDGE 223 xc f 2701 w habberton av 10/24/ /2010 PARK RIDGE 128 sai f 1427 n good av 10/24/ /19/2010 PARK RIDGE 244 xc s 1600 park ridge pointe 10/24/ PARK RIDGE 472 sai f 1425 tyrrell av 10/24/ /19/2010 PARK RIDGE 386 xc f 3 n seminary av 10/24/ /19/2010 PARK RIDGE 571 xc f 305 n rose av 10/24/ /19/2010 PARK RIDGE 565 sai 2 dee rd 7/ /18/2010 PARK RIDGE 624 xc s 401 s ascot dr 10/24/ /19/2010 PARK RIDGE 666 xc f 645 n dee rd 10/24/ /19/2010 PARK RIDGE 533 sai r 304 s fairview av 10/24/ /19/2010 PARK RIDGE 470 sai r 300 s delphia av 10/24/ /19/2010 PARK RIDGE 235 (tpi) r 1707 norman blvd 10/24/ /19/2010 PARK RIDGE 346 xc f 800 s western av 10/24/ /19/2010 PARK RIDGE 3-91 sai s 1122 s western av 10/24/ /19/2010 PARK RIDGE 660 xc 1331 w bonita dr 10/24/ /19/2010 PARK RIDGE 135 xc r 920 s courtland av 10/24/ /19/2010 PARK RIDGE 200 sai r 608 hiqqins rd 10/24/ /19/2010 PARK RIDGE 423 xc r 605 vine av 10/24/ /19/2010 PARK RIDGE 475 xc r 1126 s harrison st 10/24/ /19/2010 PARK RIDGE 477 r 743 w devon av 10/24/ /19/2010 PARK RIDGE 358 xc f 1220 s crescent av 10/24/ /19/2010 PARK RIDGE 484 xc r 1608 grove av

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