Cox RFP Answer to the City of New Orleans

Transcription

Cox RFP Answer to the City of New Orleans
Request for Proposal
For Cable Television Provider
Submitted to the
City of New Orleans
May 19, 2011
May 19, 2011
VIA E-MAIL: [email protected]
AND HAND DELIVERY
Ms. Evelyn Pugh
Council Chief of Staff Office
City Hall, Room 1E06
1300 Perdido Street
New Orleans, LA 70122
Re:
Cox Communications Louisiana, LLC Proposal for Cable
Television Franchise
Dear Ms. Pugh:
Cox Communications Louisiana, LLC (“Cox”) hereby submits the enclosed
proposal (the “Cox Proposal”) in response to the Request for Proposal for Cable Television
Provider published by the City of New Orleans on April 21, 2011 (the “RFP”). In accordance
with the RFP instructions, Cox submits fifteen copies of the Cox Proposal to the City Council
Chief of Staff Office, and transmits a digital copy of the Cox Proposal to you at
[email protected].
As you know, Cox currently holds a cable franchise granted by the City of New
Orleans that is scheduled to expire on December 31, 2011. The federal Cable Act establishes the
procedures for renewing cable franchise agreements (see 47 U.S.C. § 546). The procedures set
forth in 47 U.S.C. § 546(h), described in the industry as the “informal process,” allows a cable
operator such as Cox to submit a renewal proposal to a local franchising authority at any time.
Thus, please be advised that the Cox Proposal is submitted pursuant to 47 U.S.C. § 546(h) as an
informal renewal proposal that may be submitted “at any time” and may be approved by the City
of New Orleans “after affording the public adequate notice and opportunity for comment.”
Cox does not consider this a “formal” franchise renewal proposal submitted
pursuant to 47 U.S.C. § 546(b), inasmuch as the City has not yet completed the public
ascertainment proceedings required by 47 U.S.C. § 546(a) which affords the public in the
franchise area appropriate notice and participation for the purpose of (A) identifying the future
cable-related community needs and interests, and (B) reviewing the performance of the cable
operator under the franchise during the then current franchise term. (47 U.S.C. § 546(a)). Thus,
the proceedings required in 47 U.S.C. § 546(c) do not apply to this submission.
Ms. Evelyn Pugh
May 19, 2011
Page 2
Should the City have a different view of this matter, please do not hesitate to
contact me.
Very truly yours,
Steve Sawyer
Cox Communications Louisiana, LLC
cc:
Martin Landrieu, Counsel for Cox Communications Louisiana, LLC
Michael McI. Grover, Cox Communications, Inc.
Bill Aaron, Esq.
Cox Communications and the City of New Orleans:
30 Years of History – A Bright Future Together
Almost exactly 30 years ago, on May 28, 1981, the City of New Orleans granted
its first franchise to Cox Communications. In the three decades since, Cox has built the
most advanced communications network in the City, connecting New Orleans residents
to a world of entertainment and information sources undreamed of a generation ago.
Cox’s network reaches nearly every corner of the City and we offer services to meet
almost any interest. As we look towards the future, we will build on a foundation that is
three decades strong.
2011 will mark the second time the City and Cox have renewed our relationship.
The first renewal was in 1995. At that time, we looked back at the successful launch of a
vibrant New Orleans business and the completion of construction of the cable system.
But technology was changing fast and the new franchise looked forward to a system
upgrade that would bring digital television and expanded choices.
As we enter our second franchise renewal and look back to 1995, the changes are
even more astonishing. Cox’s investments in its New Orleans networks have brought not
only digital television to residents, but more than 100 high-definition channels, OnDemand services, an interactive program guide, digital video recorders, and dozens of
new channel options. As we look forward, new technologies will allow our customers
more flexibility to watch the programs they enjoy whenever and wherever they want.
The regulatory landscape has also changed. In 1981, there was no federal Cable
Act. By 1995, the 1984 Cable Act had been adopted and then amended in 1992, and the
legislation that became the Telecommunications Act of 1996 was being debated in
Congress. As we look back today, the effects of the Telecommunications Act are farreaching. Competition for video customers has never been more intense as giant
telephone companies began offering services and satellite services grew exponentially.
This competition has affected both how Cox has operated and how franchises are
negotiated.
New Orleans has also changed, most significantly as a result of Hurricane Katrina
and its aftermath. Katrina changed Cox, too. While other companies debated the merits
of returning to “the City that Care Forgot,” Cox rebuilt and improved its network,
working with the City to enhance the communications infrastructure throughout the New
Orleans metropolitan area. Cox resumed service six weeks after the storm, and had
restored service to 150,000 subscribers (60% of pre-storm numbers) the following week.
Cox did not bill its customers after Katrina and provided a Hurricane Transition Plan that
allowed customers to maintain their Cox phone and e-mail accounts for a nominal fee.
Cox strived to make the lives of returnees just a little easier by connecting our services
for a small charge to the “FEMA trailers” so many residents lived in. To keep the Cox
team together, and support the New Orleans community, Cox continued to pay its
employees, including those paid on an hourly basis, throughout the rebuilding process so
1
they had the resources to return home. Hundreds of miles of network were replaced as
were hundreds of thousands of feeder lines to homes, and the network emerged stronger
and more capable. There are fewer residents than before Katrina, and fewer homes than
before, and Cox’s operations reflect that. But Cox never lost faith in New Orleans’
ability to bounce back.
Each year, Cox publishes a report to the community that highlights the progress
we have made to provide New Orleans with the best communications services available.
Copies of those reports since 2005 are enclosed at the back of the RFP.
As we look forward to another franchise term, we’re committed to bringing our
customers more of what they’re demanding. They’re asking for more high-definition
channels, more flexibility to enjoy their programs when they want to, and more options
for new viewing experiences. And although programming and other costs are increasing
every year, we strive to give our customers as much value for their money as we can.
This renewal proposal describes all the ways Cox is currently serving New
Orleans residents, and proposes some ideas for how to serve them better in the coming
years. A renewal is the time for Cox and the City to review current practices, identify
what is working and what could be improved, look for ways to streamline procedures and
obligations, and find ways to lower the costs on customers wherever possible so they see
the value of the services they purchase rise. Customers can choose other video providers,
but Cox is the only one with a relationship with the City of New Orleans.
We look forward to working with the City to develop a renewal agreement that
works for the City of New Orleans and Cox, but most importantly for our customers,
your residents.
The Cox Team
Attachment
1.
Community Reports, 2005-2010 (Located at rear of RFP packet)
2
Request:
“A description of how the company will serve all the households of Orleans Parish with a
digital cable television system. Please describe the service offerings on the system will
be immediately available and offerings that are anticipated in the future.”
Response:
The Network
Since 1995, Cox has invested millions of dollars in network upgrades and
improvements. The network contains 358 miles of fiber-optic lines and approximately
150 miles of coaxial cable trunk-line (this figure does not individual coaxial drop cables,
the connections from the trunk lines to individual homes). The New Orleans network is
served by three Telecommunications Centers, located in Mid City, New Orleans East,
and Algiers, where signals are aggregated and distributed through the network. The
network is designed “to pass by every single-family dwelling unit, multiple-family
dwelling unit, agency, and business establishment within the franchise area.” (Franchise,
Sec. 5.2)
Cox’s network serving the City of New Orleans is a hybrid-fiber coaxial system that
utilizes a ring-in-ring fiber-optic architecture to provide route redundancy to a fiber node.
At the node, the signal is converted to a radio frequency transmission over the coaxial
cable to the subscriber’s home or business. The network has a bandwidth capacity of 860
Mhz. New Orleans was the first Cox system in the nation to begin upgrading to this
higher bandwidth. A map of the network is enclosed in the rear inside pocket of binder.
Cox proposes to maintain its current network and to expand, as necessary, to reach
new neighborhoods and businesses as the City grows. As bandwidth demands increase,
we expect to increase the bandwidth capacity as necessary, or to implement new
technologies such as switched-digital video and Internet protocol television to meet
customer demand.
The City has retained Columbia Telecommunications Corp. to conduct a complete
technical review of Cox’s network. That review should provide a detailed overview of
the system.
The Services
Cox offers a wide variety of cable services in both analog and digital formats. 1 A
copy of the current channel line-up card is attached. Our offerings include a robust Cox
TV Starter tier with nearly 50 channels in both analog and digital formats, more than 100
high-definition channels, several tiers with specialized programming for movie buffs,
1
Federal law does not allow the City to “prohibit, condition, or restrict a cable system’s use of any type of
subscriber equipment or any transmission technology.” (See, 47 U.S.C. § 544(e)).
1
sports fans, Spanish speakers, and customers with religious interests, as well as OnDemand services. The current Channel Line-up and a brochure describing Cox’s service
offerings are enclosed as Attachments 2 and 3.
As the migration of services to digital platforms continues, we expect to increase
the number of digital channels we offer, especially high-definition channels, and that our
On-Demand offerings will continue to expand as our customers become accustomed to
watching the shows they want whenever they want to watch them.
Attachments
1.
2.
3.
Network Map (Located in rear inside pocket of binder)
Channel Line-up
Service Brochure
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High Definition
Exclusive Local Programming
• FREE High Definition programming,
unlike satellite
• Cox 4 offers exclusive local sports, educational
and children’s shows.
• Over 1,500 hours of HD programming
each week
• CST HD — Your home for the best sports like the
Hornets, Saints and LSU, all in the beauty
of high definition.
• HD Movies On DEMAND – watch what
you want, when you want
• And with Cox HD/DVR
you can now pause &
rewind live TV plus
record your
favorite shows.
New Orleans Lineup
• CST Now! – Enjoy the best of CST anytime,
On DEMAND.
Local Service Centers
On DEMAND
SM
Watch TV on your schedule – FREE with Cox Advanced TV.
Movies – No need to go to the video store for
great entertainment. Get hundreds of movies
ordered directly from your remote control.
Now with HD Movies On DEMAND!
• Metairie – 2121 Airline Drive
8am-6pm M-F & 9am-1pm Sat
• New Orleans – 3131 Elysian Fields
8am-6pm M-F & 9am-1pm Sat
• Marrero – 5029 Lapalco Boulevard
8am-6pm M-F & 9am-1pm Sat
• Destrehan – 4 Storehouse Lane
8am-6pm M-F
Premium – If you subscribe to HBO, Cinemax,
Starz or Showtime on Cox, you also get them
On DEMAND for FREE.
Subscription* – Unique programming for all
your interests – including Anime, WWE 24/7,
here! TV, Disney Family Movies, Howard TV, Faith
and Family Movies, Jewish Channel and
Bollywood Hits.
Freezone – Thousands of free shows. Choose
from favorite cable TV, kids and sports shows,
even concerts and music videos.
NewOrleans.indd 1
Subscription to Cox Basic and digital receiver rental required for Digital Gateway, Premium, Pay-Per-View and On
Demand services. Digital Gateway and Expanded services required for Digital Movie, Variety and Sports &
Information Tiers. Basic service required for local HD channels. Digital Gateway and Expanded services required for
cable network HD channels. Digital Gateway and paid subscription to Digital HBO, Cinemax, Starz, Showtime or a
Digital service tier required for HBO HD, Cinemax HD, Starz HD, Showtime HD or other digital channels’ HD
programming. An HDTV receiver or CableCard and an HDTV set required. Televisions and other consumer owned
devices equipped with a CableCARD may require a digital set top receiver in order to receive all programming
options. On Demand and other interactive services require a digital receiver and may not be available in all areas.
Some On Demand programming may cost extra. Music Choice and On Demand channels cannot be recorded.
Programming subject to change. Other restrictions may apply. © 2010 Cox Louisiana, L.L.C. All rights reserved.
504-304-8444
www.cox.com
Channel lineup effective 1/1/11 and is subject to change.
Visit www.cox.com for the most up-to-date
channel lineup and in pdf format for easy printing.
1/4/11 4:47 PM
Cox TV Starter
2
WUPL / MyNetwork
3
WWL / CBS
4
Cox 4
5TLC
6
Local Access
7
WDSU / NBC
8
Local Access
9
WVUE / FOX
10CSPAN
11 WGNO / ABC
12 WYES / PBS
13 WNOL / CW
14 WLAE / PBS
15 WWL Newswatch
16 KGLA / Telemundo
17TBS
18 The Weather Channel
19HSN
20WHNO
21QVC
22BET
49 WPXL / ion
50Univision
51WGN
76 Local Access
95 NOETC (Orleans)
99 Local Access
108 WDSU Exact Weather*
109CSPAN*+
110CSPAN2*+
111CSPAN3*+
112 WYES Create*
113 Jewelry TV*+
114 Shop NBC*+
115 Fox 8 News Channel*
116Pelican*
117 WNOL This TV*
195 Leased Access*
702 WUPL HD / MyNetwork^
704 WWL HD / CBS^
706 WDSU HD / NBC^
708 WVUE HD / FOX^
711 WGNO HD / ABC^
712 WYES HD / PBS^
713 WNOL HD / CW^
749 WPXL HD / ion^
Cox TV Essential
23A&E
24 Fox News
25TNT
26FX
27MTV
28USA
29CNN
30 Disney Channel
31Nickelodeon
32 Discovery Channel
33 Headline News
34Lifetime
35ESPN
36ESPN2
37 Cox Sports Television
38 Fox Sports Southwest
39 Comedy Central
40Bravo
41VH1
42 Spike TV
43CNBC
44E!
45SyFy
59 Turner Classic Movies
NewOrleans.indd 2
Cox TV Essential Cont.
60AMC
61truTV
62Hallmark
63 History Channel
64 Cartoon Network
65 ABC Family Channel
66 Travel Channel
67 Food Network
68HGTV
69 Animal Planet
70 TV Land
72msnbc
73 Speed Channel
106 National Geographic
Channel*
119OWN*
160CMT*
Cox Advanced TV
1
996
997
998
On DEMAND***
Kids Zone***
News Zone***
Sports Zone***
Bonus Pak
(included free with any paid
Advanced TV Pak)
100 The HUB+
101 The Science Channel+
102 Planet Green+
103 Investigation Discovery+
104 The Military Channel+
105 Nick Jr.+
107Weatherscan
312 MLB Network
Movie Pak
290 Independent Film Channel
291 Hallmark Movie Channel+
292Epix
300 Encore Westerns+
301 Encore Love+
302 Encore Drama+
Movie Pak Cont.
303 Encore Action+
304 Encore Mystery+
305 Lifetime Movie Network
306Sundance+
307FLIX
308Encore+
Sports & Information Pak
NFL Red Zone**
273
311 Fox Business+
313HRTV+
314 NHL Network+
315 CBS College Sports
316 Golf Channel+
317 Sportsman Channel+
318 Gol TV+
319 NFL Network
320ESPNews+
321 ESPN U
322 ESPN Classic
323 Tennis Channel+
324 Fox Soccer+
325 NBA TV
326TVG+
327Versus
328Fuel+
329DIY+
330Bloomberg+
331G4+
332 History International+
333 Fit TV+
334Biography+
335 TV 5 Monde+
336 Fox College Sports - Atlantic+
337 Fox College Sports - Central+
338 Fox College Sports - Pacific+
Variety Pak
339 Gospel Music Channel+
340 Centric+
341MTV2+
342 TV One+
343 Nat Geo Wild+
344 The Africa Channel+
345 Encore WAM!+
346Boomerang+
347 Disney XD+
348 Nick Toons+
349TeenNick+
350 PBS Sprout+
351GSN+
352Oxygen
353WE+
354 BBC America+
355 Soap Net+
356 Cooking Channel+
357Style+
358GAC+
359Fuse+
360 MTV Jams+
361 MTV Hits+
362 VH1 Soul+
363 CMT Pure Country+
364 VH1 Classic+
365Logo+
366 MTV U+
367 MTV Tr3s+
368 Chiller+
369Halogen+
900SWRV
Latino Pak
370
Fox Deportes+
371 CNN en Español+
372 Discovery en Español+
373 MTV Tr3s+
375 Toon Disney Español+
376 Boomerang SAP+
377Galavision+
378 EWTN en Español+
379 Discovery Familia+
380Telefutura+
381 ESPN Deportes+
382 Nick Too+
383 Gol TV en Español+
Faith & Values Pak
(included with Cox Advanced TV)
390TBN+
391EWTN+
392INSP+
393 Family Net+
394 The Word+
Premium Paks
200HBO
201HBO2+
202 HBO Signature+
203 HBO Family+
205 HBO Comedy+
206 HBO Zone+
208 HBO Latino+
230Cinemax
231MoreMAX+
232 5 Star Max+
233@Max+
234 Action Max+
235 Thriller Max+
236 Outer Max+
237wMax+
240Showtime
241 Showtime Too+
242 Showtime Showcase+
243 Showtime Beyond+
244 Showtime Extreme+
260TMC+
261 TMC Xtra+
280Starz
281 Starz Edge+
282Encore+
284 Starz in Black+
285 Starz Kids & Family+
286 Starz Cinema+
287 Starz Comedy+
Pay-Per-View
498 Pay-Per-View Previews+
499 On DEMAND
501-503 iN DEMAND Events
508 Hot Choice
594 Adult On DEMAND
595Vavoom
596SPICE:XCESS
597Playboy
598clubjenna
599TEN
Pay-Per-View Cont.
High Definition Cont.
600 NFL Red Zone**
601-606 ESPN Sports Packages+
651-660 NBA / MLS Packages+
671-684 MLB / NHL Packages+
1029 CNN HD
1030 The Disney Channel HD
1031 Nickelodeon HD
1032 Discovery HD
1034 Lifetime HD
1035 ESPN HD
1036 ESPN2 HD
1037 CST HD
1038 Fox Sports Net HD
1039 Comedy Central HD
1040 Bravo HD
1041 VH-1 HD
1042 Spike HD
1043 CNBC HD
1044 E! HD
1045 Syfy HD
1049 WPXL HD^
1051 WGN HD
1060 AMC HD
1062 Hallmark Channel HD
1063 History Channel HD
1064 Cartoon Network HD
1065 ABC Family HD
1066 Travel Channel HD
1067 Food Network HD
1068 HGTV HD
1069 Animal Planet HD
1072 MSNBC HD
1073 Speed HD
1101 The Science Channel HD
1102 Planet Green HD
1103 Investigation Discovery
(ID) HD
1106 National Geographic
Channel HD
1160 CMT HD
1200 HBO HD
1201 HBO2 HD
1230 Cinemax HD
1231 MoreMAX HD
1240 Showtime HD
1260 TMC HD
1280 Starz! HD
1281 Starz Edge HD
1291 Hallmark Movie Channel HD
1292 EPIX HD
1305 Lifetime Movie Network HD
1308 Encore HD
1311 Fox Business HD
1312 MLB Network HD
1316 The Golf Channel HD
1319 NFL Network
1320 ESPNews HD
1321 ESPNU HD
1323 Tennis Channel HD
1324 Fox Soccer HD
1325 NBA TV HD
1327 Versus HD
1334 Biography HD
1347 Disney XD HD
1353 WE HD
1354 BBC America HD
1357 Style HD
1359 Fuse HD
1501 PPV HD
1600 NFL Red Zone HD**
1707 Universal HD
1732 HD Theater
1776 Palladia HD
NO 0111
Music Choice
(included with Cox Advanced TV)
901 Hit List
902 Hip-Hop and R&B
903 MC MixTape
904Dance/Electronica
905Rap
906 Hip-Hop Classics
907 Throwback Jamz
908 R&B Classics
909 R&B Soul
910Gospel
911Reggae
912 Classic Rock
913 Retro Rock
914Rock
915Metal
916Alternative
917 Classic Alternative
918 Adult Alternative
919 Soft Rock
920 Pop Hits
92190s
92280s
92370s
924 Solid Gold Oldies
925 Party Favorites
926 Stage & Screen
927 Kidz Only!
928 Toddler Tunes
929 Today's Country
930 True Country
931 Classic Country
932 Contemporary Christian
933 Sounds of the Seasons
934Soundscapes
935 Smooth Jazz
936Jazz
937Blues
938 Singers & Swing
939 Easy Listening
940 Classical Masterpieces
941 Light Classical
942 Música Urbana
943 Pop Latino
944Tropicales
945Mexicana
946Romances
High Definition
1002 WUPL-TV HD^
1003 WWL-TV HD^
1005 TLC HD
1007 WDSU HD^
1009 Fox8 HD (WVUE)^
1011 WGNO HD^
1012 WYES HD (PBS)^
1013 WNOL HD^
1017 TBS HD
1018 The Weather Channel HD
1022 BET HD
1023 A&E HD
1024 Fox News HD
1025 TNT HD
1026 FX HD
1027 MTV HD
1028 USA HD
*Digital channel included with service level noted. Requires rental
of digital receiver or CableCARD. TV sets with a Clear QAM digital
tuner will receive local broadcast channels without equipment
rental.
** Additional subscription required.
***Requires subscription to TV Essential and Cox Advanced TV.
^ HD channel included with service level noted. Clear QAM HDTV or
rental of an HD receiver or CableCARD required.
+ Requires a digital receiver rental or a two-way capable device and
CableCARD rental to view these channels.
1/4/11 4:47 PM
Advanced TV
Advanced TV
See who measures up
before you connect!
COX Advanced TV
High Definition Service
Enhance your new high-def television set with High
Definition Service from Cox. From its crystal-clear
imagery to its cinema-style screen, there’s no better
way to watch TV! And best of all, you get Cox’s HD
service with no extra monthly charges.
Now over 100 HD channels!
WUPL-TV HD
WWL-TV HD
TLC HD
WDSU HD
Fox8 HD (WVUE)
WGNO HD
WYES HD (PBS)
WNOL HD
TBS HD
The Weather
Channel HD
BET HD
A&E HD
Fox News HD
TNT HD
FX HD
MTV HD
USA HD
CNN HD
The Disney
Channel HD
Nickelodeon HD
Discovery HD
Lifetime HD
ESPN HD
ESPN2 HD
CST HD
Fox Sports Net HD
Comedy Central HD
Bravo HD
VH-1 HD
Spike HD
CNBC HD
E! HD
Syfy HD
WGN HD
AMC HD
Hallmark Channel
HD
History Channel HD
Cartoon Network
HD
ABC Family HD
Travel Channel HD
Food Network HD
HGTV HD
Animal Planet HD
MSNBC HD
Speed HD
The Science
Channel HD
Planet Green HD
Investigation
Discovery (ID) HD
National Geographic
Channel HD
CMT HD
HBO HD
HBO2 HD
Cinemax HD
MoreMAX HD
Showtime HD
TMC HD
Starz! HD
Starz Edge HD
Hallmark Movie
Channel HD
EPIX HD
Lifetime Movie
Network HD
Encore HD
Fox Business HD
MLB Network HD
The Golf Channel
HD
NFL Network
ESPNews HD
ESPNU HD
Tennis Channel HD
Fox Soccer HD
NBA TV HD
Versus HD
Biography HD
Disney XD HD
WE HD
BBC America HD
Style HD
Fuse HD
PPV HD
NFL Red Zone HD
Universal HD
HD Theater
Palladia HD
Music Choice
Cnannels HD
Channels vary by location.
COX
SATELLITE
All your local channels, including
digital multicast services?
YES
NO
All HD channels FREE of charge?
YES
NO
Over 2,500 hours of FREE
On Demand content?
YES
NO
Free Standard Cable on
all extra TVs?
YES
NO
Clear reception without rain fade?
YES
NO
Save big
when you bundle services
with Cox!
Get the most for your money by subscribing to the
following services:
• Cox Advanced TV
• Cox High Speed Internet
• Cox Digital Telephone
On DEMAND
Digital Video Recorder
High Definition Service
Call Today!
504-644-4056
www.cox.com
NO 10000/35000/REV42011
NO-10000
With Cox Advanced TV, your television instantly
becomes a sophisticated home entertainment
center. It’s more than TV has ever been. And
you’re gonna love it!
Add to COX
Advanced TV
Digital Paks
4
$ .00*
each per mo.
On DEMAND
If you love entertainment, then you’ll love On
DEMAND. Receive instant access to a library
of movies and events at your disposal. In the
Free Zone, there are over 500 hours of FREE
programming the whole family will enjoy. Premium network subscribers receive additional
content with Premiums On DEMAND at no
additional cost. And, if it’s specialty content
you’re looking for, we have subscription services
like WWE 24/7, Howard TV, Anime, Disney
Family and more. Get it all with On DEMAND…
entertainment on your schedule!
46 Channels of Music
Enjoy crystal clear, digital, CD-quality sound,
commercial-free music. No need to purchase
CDs or listen to commercials. Music Choice is
convenient and included with COX Advanced TV.
On Screen Program Guide
With so much to choose from, the easy-to-use On
Screen Program Guide helps you find all of your
favorite programming with the touch of a button.
Standard Cable
•
•
•
Up to 78 channels
Free Standard Service
on additional TVs
Includes local broadcast HD
& digital multicast channels
Cox Standard Cable Service
On DEMAND & Pay-Per-View
46 Channels of Music Choice
5 Faith & Values Channels
Interactive Program Guide
Parental Control
Requires digital receiver rental.
12 channels
Features independent and big-name movies
on networks like Encore, Sundance Channel,
Independent Film Channel, EPIX and Lifetime
Movie Network.
Variety Pak
32 channels
Something for the whole family to enjoy, from
BBC America and Women’s Entertainment to
MTV 2 and Chiller.
Sports & Info Pak
28 channels
Combines sports programming like NFL Network,
ESPNews and CBS College Sports with in-depth news
coverage from Fox Business and Bloomberg.
Paquete Latino Pak
13 channels
Exclusively for Spanish-speaking families with
networks including Galavision, Telefutura, Gol TV
and ESPN Deportes.
56.99*
$
per mo.
63
$
.98*
per mo.
Digital Video Recorder
Create your own primetime line-up with the Digital
Video Recorder (DVR) from Cox! DVR lets you watch
TV on your schedule without ever worrying about
missing your favorite shows. • Automatically record programs, including high-def channels
• Pause and rewind live television
• Record two separate shows at the same time
• Easily record one show while watching another
• Store up to 50 hours of content
Requires COX Advanced TV
and DVR receiver rental.
Receive 8 Bonus Channels when
you order any Digital Tier!
See channel lineup for complete list of programming.
COX Advanced TV
•
•
•
•
•
•
Movie Pak
Premium Services
1 Premium Service
$14.99 per month
2 Premium Services
$24.99 per month
3 Premium Services
$33.99 per month
All 4 Premium Services
$41.99 per month
Add DVR Service
8 channels
7 channels
7 channels
9.99*
$
per mo.
*Equipment not included
Digital receiver rental required for Advanced TV service. Maximum number of digital outlets may be limited. Each
additional outlet of digital service is $1.99 per month plus receiver rental. DVR receiver rental and subscription
to Advanced TV required for DVR service. Available DVR recording space varies based on type of programming
recorded. Cox Basic service required for local HD channels. Advanced TV and paid subscription to Essential TV,
HBO, Cinemax, Showtime, Starz or a Digital Pak required for Essential TV, HBO HD, Cinemax HD, Showtime HD,
Starz HD or other Digital Pak HD programming. An HD receiver or CableCARD and an HDTV set required. Some
HD channels not available in all areas. Televisions and other consumer owned devices equipped with a CableCARD
may require a digital set top receiver in order to receive all programming options offered by Cox Digital Cable. TV
Essential. All programming and rates are subject to change. Deposit may be required. Installation fees, taxes,
franchise fees and other surcharges are additional. Other restrictions apply. Prices subject to change. © 2011
Cox Communications, Inc. All rights reserved.
Call Today!
7 channels
504-644-4056
www.cox.com
Request:
“A description of the company’s support for PEG access, including financial support,
channels on the system, VOD, a channel for a programming guide to PEG access, return
lines from production facilities, etc.”
Response:
Cox provides 5 channels of public, educational, and governmental (PEG) access
programming on the Cox TV Starter tier –





Channel 6 (government access)
Channel 8 (educational access)
Channel 76 (public access, “Access TV”)
Channel 95 (educational access, “H.E.A.T.”)
Channel 99 (public access, “Access TV”)
The channels are managed by New Orleans Access Television (NOATV), a nonprofit entity. Cox provides a return-path link from NOATV’s studio at 1025 S. Jefferson
Davis Parkway, to its Telecommunications Center located at 338 Edwards Ave.,
Harahan, LA, where the PEG channel signals are processed and distributed on the
system.
Cox provides $1,000,000 each year in support of the PEG channels as required by
Section 8.2(b) of the Franchise with the City. The cost is recovered from customers via a
$1.07 monthly charge on bills.
Cox will continue to provide an outlet for non-commercial PEG programming on
its cable system as permitted by federal law (47 U.S.C. § 531). In light of the lack of
information demonstrating the community’s interest in the channels, Cox is unable to
provide more detail about what that outlet might consist of, however, Cox looks forward
to discussing the City’s interests at the appropriate time.
Federal law allows the City to require “channel capacity” for PEG programming
(47 U.S.C. § 531(a)). Additional services for PEG access programming, such as access
to video-on-demand server space, inclusion in a third-party program guide, or additional
return-path construction, would be topics for further discussion with the understanding
that such additional services are outside the scope of what federal law allows.
Two significant rulings by the Federal Communications Commission (“FCC”)
pertaining to franchise requirements to provide financial support for PEG access
programming will affect the support Cox provides under the renewal agreement. In
2007, the FCC issued two Orders relating the grant of new franchises and the renewal of
1
existing franchises. 1 In the First Order, the FCC noted that the federal Cable Act
“excludes from the term ‘franchise fees’ any ‘capital costs which are required by the
franchise to be incurred by the cable operator for public, educational, and governmental
access facilities.’” (First Report and Order, ¶ 109, emphasis added). In other words,
payments “collected only for the cost of building PEG facilities, are not subject to the 5
percent limit” on franchise fees imposed by federal law. Id. The FCC distinguished
between “capital costs” for building PEG facilities and “payments in support of PEG
access facilities [which] may include, but are not limited to, salaries and training.” Id.
In the Second Report and Order, which applied to the renewal of existing
franchises, the FCC held that “the finding … that the non-capital costs of PEG
requirements must be offset from the cable operator’s franchise fee payments is
applicable to incumbents…” (Second Report and Order, ¶ 13). The FCC went on to hold
that local franchising authorities, like the City, “are to evaluate their current and future
PEG needs at the time of an incumbent provider’s renewal and are allowed to request
such PEG support from their providers, within the limits of the [Cable] Act and the
Commission’s statutory interpretation.” (Id., ¶15).
These two FCC Orders place limits on how the funds Cox pays to support PEG
access programming may be spent. The City may require Cox to pay for capital costs
related to PEG access programming (and Cox may pass those costs through to
subscribers as a line-item on subscriber bills per 47 U.S.C. § 542(c)(2)), but any amounts
the City requires Cox to pay that are used to support the operating costs of PEG access
programming must be counted toward the Cable Act’s five-percent franchise fee cap. (47
U.S.C. § 542(b)).
1
“In the Matter of Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as
amended by the Cable Television Consumer Protection and Competition Act of 1992” MB Docket 05-311,
Report and Order, (rel. March 5, 2007); Second Report and Order, (rel. Nov. 6, 2007).
2
Request:
“A description of the company’s support for municipal I-Net, cable services for libraries
and schools.”
Response:
Courtesy Service
Although there is no obligation in the current Franchise to do so, Cox currently
provides courtesy cable service, including Cox TV Starter and Essential tiers, to 149
locations in the City of New Orleans and ten receive Cox TV Starter only at no charge.
The annual retail value of these services is more than $100,000. A list of the locations
receiving courtesy service is enclosed as Attachment 1.
Two significant rulings by the Federal Communications Commission (“FCC”)
pertaining to franchise requirements to provide free or discounted services will affect the
extent of the courtesy services Cox provides under the renewal agreement. In 2007, the
FCC issued two Orders relating the grant of new franchises and the renewal of existing
franchises. 1 In the First Order, the FCC held that a franchise requirement for “free or
discounted services provided to the LFA” be included in the federal franchise fee cap
(First Report and Order, ¶ 104). The Second Order applied that same limitation to
renewals of existing franchise agreements (Second Report and Order, ¶ 11).
These two Orders limit the amount of free or discounted service the City may
require Cox to provide. Cox will continue to provide courtesy cable services to schools
on a voluntary basis. The value of additional courtesy or discounted service outlets to
municipal or other buildings would be offset against the franchise fee.
Institutional Network
In light of the lack of any specific information concerning the City’s needs regarding
“support for municipal I-Net” Cox is unable to respond with any certainty to this request.
It is worth noting that Cox and the City have developed a mutually beneficial
commercial relationship through which Cox provides non-cable services to the City. Cox
hopes that relationship grows over the next renewal term. It is also worth noting that the
FCC’s limitations on “free and discounted services” apply to “institutional network
services” to the extent the franchise agreement requires that they be provided below
market value.
From a strictly legal standpoint, federal law provides that the City may require that
“channel capacity on institutional networks be designated for educational or
1
“In the Matter of Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as
amended by the Cable Television Consumer Protection and Competition Act of 1992” MB Docket 05-311,
Report and Order, (rel. March 5, 2007); Second Report and Order, (rel. Nov. 6, 2007).
1
governmental use...” (47 U.S.C. § 531(b)). The law defines an “institutional network” as
“a communications network which is constructed or operated by the cable operator and
which is generally available only to subscribers who are not residential subscribers.” (47
U.S.C. § 531(f)). Cox has not constructed and does not operate such a network.
Attachment
1.
List of courtesy service locations
2
COX COMPLIMENTARY SERVICE
BASIC CABLE ONLY
Business Name
Dwelling Type
BASIC
CABLE
ORLEANS PARISH DA'S OFFICE
G
$0.00
SAFETY PERMITS
G
$0.00
EXPANDED
CABLE
TOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
NEW ORLEANS AVIATION BOARD
G
$0.00
CITY OF NEW ORLEANS DEPUTY MAYOR
G
$0.00
NEW ORLEANS AVIATION BOARD ROOM
G
$0.00
Office of Recovery & Devlop Admn
G
$0.00
NOPD
P
$0.00
ELEANOR MCMAIN MAGNET SCHOOL
S
$0.00
BANKS ELEMENTRY SCHOOL
S
$0.00
HOLY CROSS HIGH SCHOOL HFC
S
$0.00
Business Name
Dwelling Type
BASIC
CABLE
EXPANDED
CABLE
ALGIERS POINT LIBRARY
G
$0.00
$0.00
HEALTH DEPT
G
$0.00
$0.00
NIX LIBRARY
G
$0.00
$0.00
TRAINING C MUNICIPAL
G
$0.00
$0.00
Orleans Parish Fire House Eng#4
G
$0.00
$0.00
BASIC & EXPANDED CABLE
ORLEANS COMMUNICATIONS DISTRICT
G
$0.00
$0.00
JOHN NOBLES
G
$0.00
$0.00
MAYOR'S OFFICE
G
$0.00
$0.00
CITY OF NEW ORLEANS AUTO POUND
G
$0.00
$0.00
CITY ATTORNEY'S OFFICE
G
$0.00
$0.00
CHIEF ADMINISTRATIVE OFFICE
G
$0.00
$0.00
FINANCE DEPARTMENT
G
$0.00
$0.00
NEW ORLEANS CITY HALL
G
$0.00
$0.00
CITY HALL
G
$0.00
$0.00
COUNCIL AT LARGE
G
$0.00
$0.00
COUNCIL DISTRICT D
G
$0.00
$0.00
COUNCIL DISTRICT E
G
$0.00
$0.00
TOTAL
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
COUNCIL RESEARCH
G
$0.00
$0.00
CITY PLANNING
G
$0.00
$0.00
New Orleans Recreation Dept
G
$0.00
$0.00
DEPARTMENT OF UTILITIES
G
$0.00
$0.00
CITY HALL
G
$0.00
$0.00
TRAINING MUNICIPAL
G
$0.00
$0.00
NEW ORLEANS CITY HALL
G
$0.00
$0.00
CITY OF NOASSESSOR'S OFFICE
G
$0.00
$0.00
CIVIL COURT
G
$0.00
$0.00
CITY HALL
G
$0.00
$0.00
CITY HALL
G
$0.00
$0.00
CRIMINAL JUSTICE DEPT
G
$0.00
$0.00
EAST BANK STREET MAINTENANCE
G
$0.00
$0.00
COUNCIL AT LARGE
G
$0.00
$0.00
COUNCIL DISTRICT A
G
$0.00
$0.00
COUNCIL DISTRICT B
G
$0.00
$0.00
JUVENILE JUSTICE CENTER
G
$0.00
$0.00
SEWERAGE WATER BOARD
G
$0.00
$0.00
NORD STERN TENNIS CENTER
G
$0.00
$0.00
NEW ORLEANS RECREATION DEPT
G
$0.00
$0.00
CITY OF NO ENVIRONMENTAL
G
$0.00
$0.00
NEW ORLEAMS DEPT OF SANITATION
G
$0.00
$0.00
NO ASSESSOR 6th DISTRICT
G
$0.00
$0.00
Orleans Parish Criminal Sheriff
G
$0.00
$0.00
NO.COUNCIL CHAMBERS 2ND FLOOR
G
$0.00
$0.00
CITY OF NOOMI
G
$0.00
$0.00
Office of Recovery & Devlop Admn
G
$0.00
$0.00
Office of Recovery & Devlop Admn
G
$0.00
$0.00
Office of Recovery Devlop Admin
G
$0.00
$0.00
Office of Recovery & Devl Admin
G
$0.00
$0.00
Office of Recovery & Devlop Admn
G
$0.00
$0.00
Office of Recovery & Devlp Admin
G
$0.00
$0.00
Office of Recovery & Devlop Admn
G
$0.00
$0.00
COUNCILMEMBER EDDIE L SAPIR
G
$0.00
$0.00
CHIEF ADMINISTRATIVE OFFICE
G
$0.00
$0.00
MAYOR'S OFFICE OF HEALTH POLICY
G
$0.00
$0.00
EMPLOYEE'S RETIREMENT SYSTEM
G
$0.00
$0.00
City of New Orleans
G
$0.00
$0.00
City of New Orleans
G
$0.00
$0.00
City of New Orleans
G
$0.00
$0.00
City of New Orleans
G
$0.00
$0.00
PARKS PARKWAY COMMISSION ADMIN
G
$0.00
$0.00
New Orleans Recreation Department
G
$0.00
$0.00
JUDICIAL EXPENSE
G
$0.00
$0.00
JP Department of Environmental
G
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Office of Recovery & Devlop Admn
G
$0.00
$0.00
City of New Orleans Emergency
G
$0.00
$0.00
New Orleans Fire Dept Engine#16
K
$0.00
$0.00
NEW ORLEANS FIRE HOUSE ENGINE #2
K
$0.00
$0.00
New Orleans Fire Dept Engine #15
K
$0.00
$0.00
NEW ORLEANS FIRE HOUSE #632
K
$0.00
$0.00
ENGINE #35
K
$0.00
$0.00
NEW ORLEANS FIRE ENGINE #7
K
$0.00
$0.00
NEW ORLEANS FIRE MUSEUM
K
$0.00
$0.00
NEW ORLEANS FIRE ENGINE #13
K
$0.00
$0.00
NEW ORLEANS FIRE ENGINE #20
K
$0.00
$0.00
New Orleans Fire Dept Engine #17
K
$0.00
$0.00
ENGINE #33
K
$0.00
$0.00
NEW ORLEANS FIRE DEPT
K
$0.00
$0.00
NEW ORLEANS FIRE DEPT ANNEX
K
$0.00
$0.00
New Orleans Fire Department #31
K
$0.00
$0.00
New Orleans Fire Dept Engine #36
K
$0.00
$0.00
NEW ORLEANS FIREHOUSE-MAGAZINE
K
$0.00
$0.00
ENGINE #24
K
$0.00
$0.00
New Orleans Fire Department
K
$0.00
$0.00
New Orleans Fire Department #6
K
$0.00
$0.00
NOFIRE HOUSE ENGINE #25
K
$0.00
$0.00
N.O. FIRE DEPT. ENGINE 29
K
$0.00
$0.00
New Orleans Fire Dept Engine 27
K
$0.00
$0.00
ENGINE #9
K
$0.00
$0.00
NOIRE DEPT ENGINE #26
K
$0.00
$0.00
NOPD COPS SQUAD
P
$0.00
$0.00
NEW ORLEANS POLICE DEPT
P
$0.00
$0.00
Orleans Parish Criminal Sheriff
P
$0.00
$0.00
NEW ORLEANS POLICE DEPT-2ND
P
$0.00
$0.00
N O POLICE DEP HANO-LIAISON
P
$0.00
$0.00
ASST POLICE CHIEF
P
$0.00
$0.00
NO. CMMAND CENTER
P
$0.00
$0.00
NO. ATO THEFT INVESTIGATIO
P
$0.00
$0.00
NO. VEUX CARRE
P
$0.00
$0.00
NEW ORLEANS POLICE DEPARTMENT
P
$0.00
$0.00
NO.4TH DISTRICT
P
$0.00
$0.00
NOPD PUBLIC AFFAIRS
P
$0.00
$0.00
NO. 1T DISTRICT
P
$0.00
$0.00
NO. CTY SECURITY
P
$0.00
$0.00
NO.5TH DISTRICT POLICE
P
$0.00
$0.00
NO.8TH DISTRICT
P
$0.00
$0.00
NOPD BICYCLE DIVISION
P
$0.00
$0.00
ORLEANS LEVEE DISTRICT POLICE
P
$0.00
$0.00
NOPD Towing and Recovery Unit
P
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$13.99
$13.99
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
NOPD Traffic Administration Dept
P
$0.00
$0.00
NOPD COMMAND CENTER
P
$0.00
$0.00
NO.EMS
P
$0.00
$0.00
Orleans Parish Comm District 911
P
$0.00
$0.00
NOPD Command Center
P
$0.00
$0.00
HARBOR POLICE
P
$0.00
$0.00
BENJAMIN BANNEKER SCHOOL
S
$0.00
$0.00
AUDUBON MONTESSORI
S
$0.00
$0.00
RONALD MCNAIR ELEMENTARY
S
$0.00
$0.00
JAMES WELDON JOHNSON ELEMENTARY
S
$0.00
$0.00
ST ANDREW EPISCOPAL SCHOL
S
$0.00
$0.00
ST RITA SCHOOL
S
$0.00
$0.00
ST MARY DOMINICAN SCHOOL
S
$0.00
$0.00
ALICE HARTE ELEMENTARY
S
$0.00
$0.00
ROSENWALD ELEMENTARY
S
$0.00
$0.00
MC DONOGH #32
S
$0.00
$0.00
HABANS ELEMENTARY SCHOOL
S
$0.00
$0.00
ST ANDREW THE APOSTLE
S
$0.00
$0.00
WILLIAM FISCHER ELEMENTARY
S
$0.00
$0.00
ALL SAINTS SCHOOL
S
$0.00
$0.00
DELGADO SCHOOL OF NURSING
S
$0.00
$0.00
XAVIER PREP SCHOOL
S
$0.00
$0.00
BEN FRANKLIN ELEMENTARY
S
$0.00
$0.00
Lusher Extension
S
$0.00
$0.00
ST ANTHONY OF PADUA SCHOOL
S
$0.00
$0.00
LANGSTON HUGHES
S
$0.00
$0.00
UNO Charter School Network
S
$0.00
$0.00
NEW ORLEANS CITY PARK ACADEMY
S
$0.00
$0.00
HARRIET TUBMAN SCHOOL
S
$0.00
$0.00
MT CARMEL ACADEMY
S
$0.00
$0.00
St Dominic School
S
$0.00
$0.00
THURGOOD MARSHALL MIDDLE SCHOOL
S
$0.00
$0.00
WARREN EASTON HIGH SCHOOL
S
$0.00
$0.00
MC DONOGH 35 HIGH SCHOOL
S
$0.00
$0.00
FREDERICK DOUGLAS HIGH
S
$0.00
$0.00
OUR LADY OF LOURDES SCHOOL
S
$0.00
$0.00
LIBRARY URSULINE ACADEMY
S
$0.00
$0.00
Ben FRANKLIN HIGH SCHOOL
S
$0.00
$0.00
O P WALKER MIDDLE EXTENSION
S
$0.00
$0.00
N.O. CENTER FOR CREATIVE ARTS
S
$0.00
$0.00
O P WALKER HIGH SCHOOL
S
$0.00
$0.00
Brother Martin School
S
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Request:
“A description of the company’s plan for disaster recovery and service loss mitigation.
Describe how the system can alert citizens in the case of an emergency.”
Response:
When a disaster threatens New Orleans, Cox plays a major role in the
community’s preparation and response. Cox is a member of the Parishes and State
emergency Cadre Team, which supports the federal Department of Homeland Security’s
National Response Plan enacted after the attacks on September 11, 2001.
Cox’s network is categorized as an Essential Support Function 2 (“ESF-2”,
meaning it is a network that provides communications during a national or local crisis).
As part of the Cadres in our service areas, Cox participates in mock emergency training
drills. Cox plays an integral role in these trainings and the company has access to the
confidential incident command systems that are activated during emergencies.
During emergencies, Cox personnel are positioned at the New Orleans
Emergency Operations Center, along with representatives from other responding
agencies, such as the electric utility and the military. Cox is fully integrated into the
emergency response process and provides officials with information to help them make
life saving decisions, such as where field command centers can access a working
communications network.
While Cox helps coordinate New Orleans’ disaster response, it also provides
information and warnings to its customers through the federal Emergency Alert System
(“EAS”) regulations as required by the FCC (47 C.F.R. Part 11). In addition to the
federal EAS procedures, Cox provides the Orleans Parish Emergency Operations Center
the ability to issue New Orleans-specific alerts to the residents of New Orleans who are
Cox customers. Cox does not seek to modify this obligation, but to the extent there are
conflicts between the federal and local alert systems, the federal system will necessarily
pre-empt the local process.
Cox does have a business continuity plan which the company follows in cases of
major disruptions to its operations caused by natural or man-made emergencies. Because
the plan describes sensitive facilities and other confidential information, Cox does not
provide copies of the plan to the public. If the appropriate City official would like to
review the plan, Cox can make it available.
1
Request:
“A description of how the company will meet the minority-owned business enterprise
requirements established by the City of New Orleans. Also, describe the company’s
commitment to workforce diversity.”
Response:
Diversity is a core value at Cox. It’s a critical business strategy, woven deep into
the fiber of our culture and business operations. Understanding and including the
perspectives, needs and priorities of all people is what diversity’s all about at Cox. Four
pillars comprise our diversity strategy:





People: Inclusion is the focal point of our people diversity efforts. Employees
thrive in our workplaces because different view points, expertise and experiences
are valued.
Communities: Cox’s commitment to diversity extends beyond our workplace
into our communities. Social responsibility — with an emphasis on supporting
youth, education and environmental sustainability — lies at the heart of our
company values. And our targeted efforts directly support the many facets of the
richly diverse communities we serve.
Products and Services: Providing compelling entertainment and
communications services to meet the needs of our diverse customer base is a
business imperative and a key competitive differentiator.
Suppliers: Cultivating supplier diversity is smart business for Cox. It yields
diverse expertise and strengthens the economic infrastructure of our communities.
Cox actively seeks diverse suppliers through its membership in the National
Minority Supplier Development Council and its affiliates.
Diversity Partnerships: Cultivating partnerships with diversity organizations, of
both national and local focus allows us to reach our social
responsibility objectives more broadly.
More information about Cox’s commitment to diversity can be found at
http://ww2.cox.com/aboutus/neworleans/diversity.cox
Under its current Franchise Agreement, Cox has been subject to several
requirements to support local hiring initiatives, implement equal employment opportunity
(“EEO”) and affirmative action programs, and support local minority- and women-owned
businesses. (See, Franchise Ordinance, §§ 10.1-10.6). In addition, the FCC requires Cox
to comply with federal EEO obligations (See, 47 C.F.R. § 76.71-79). In its renewal, Cox
would continue to comply with lawful contracting requirements to support disadvantaged
and minority businesses.
Attachment
1. Cox Diversity and Inclusion
1
Cox Diversity and Inclusion
Diversity Among Our People
Our work environment is as dynamic and diverse as the perspectives that fuel it.
Cox fosters an environment where all 22,000 employees thrive because different
viewpoints, expertise and experiences are valued and respected.
Diversity Council
Cox’s corporate diversity council, led by company president Pat Esser, is
comprised of a group of senior leaders from throughout the company, charged with
ensuring that diversity and inclusion receive focused attention and action. Additionally,
Cox has established local diversity councils in each of its 14 markets to further tailor the
company’s diversity efforts to meet unique local needs.
Workforce diversity highlights:
Cox’s full-time workforce percentages (as of 12/08):
 63.4% white
 36.5 % people of color
 35% of management employees are women
Cox offers dozens of recruiting and development programs including:
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Leadership and executive development training
College relations and internship programs
Diversity and inclusiveness training
Mentoring programs (21% of managers participate in mentoring)
Career Fairs
Diversity within Cox's Communities
Connecting with communities is an important part of our operations and is at the
core of our company values. Cox’s cash and in-kind donations to community causes
exceed $100 million annually. Approximately 10% annually is directed to benefit multiethnic, LGBT and disability nonprofit groups.
Community Diversity Highlights:
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Cox’s corporate social responsibility efforts focus on three key areas — youth,
education and environmental sustainability — spanning ethnic, gender,
socioeconomic and religious lines.
We’re a national technology partner of the Boys and Girls Clubs of America,
providing free or discounted high-speed internet, cable TV and ad time valued
annually in the millions.
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The cornerstone of our commitment to education is Cable in the Classroom,
which Cox co-founded with our industry peers. This non-profit provides
commercial-free programming and online resources to teachers and administrators
in 81,000 public and private schools.
Cox’s 2008 charitable giving to diverse causes exceeded $67 million. This cash
and in-kind giving includes contributions to a diverse array of national and local
organizations, including: The Latin American Association, Martin Luther King
Commission, NAACP, Chicanos Por La Causa, National Urban League and the
United Negro College Fund.
Cox Conserves is the company’s environmental sustainability program,
committed to reducing Cox’s carbon footprint, or greenhouse gas emissions, by
20% by 2017.
Diversity in Cox Products & Services
Cox is focused on ensuring that our communication and entertainment services
appeal broadly to all segments of our communities. Approximately 10% of our annual
total marketing spend is directed to multi-cultural efforts.
Product diversity highlights:
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On Cox Digital Cable, the company provides a variety of international channels,
including networks in Spanish, Chinese, Italian, Filipino, Japanese and French, as
well as numerous channels appealing to Latinos, African-Americans, AsianAmericans and gay and lesbian audiences.
Cox Digital Telephone offers attractive and economical international calling plans
allowing customers to call family and friends in Asia, Latin America, and many
other areas.
Foreign language resources allow Cox representatives to service customers in
more than 15 languages according to customer preference.
Cox has dedicated marketing efforts toward African Americans and Latino
segments
Supplier Diversity
Cox actively reaches out to diverse suppliers through its membership in the
National Minority Supplier Development Council and its affiliates.
Supplier diversity highlights:
 Cox spent $82 million with minority suppliers in 2008
 In 2009, Cox plans to increase it’s minority supplier spending by more than 25%
to $105M
Diversity Partnerships
In conjunction with our parent company Cox Enterprises, we’ve forged
partnerships with major national diversity organizations. In addition to providing cash
and in-kind support to these organizations, Cox engages in many local partnership
opportunities with these organizations in support of our business and social responsibility
goals
National Diversity Partnerships
In conjunction with our parent company Cox Enterprises, Cox Communications
has forged partnerships with the following organizations:
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National Urban League, the nation’s largest community-based movement devoted
to empowering African American’s enter the economic and social mainstream
National Urban League, National Council of La Raza, the nation’s largest Latino
civil rights and advocacy organization
Human Rights Campaign, the nation’s largest civil rights organization working to
achieve lesbian, gay, bi-sexual and transgender equality.
Industry Diversity Partnerships
Cox is also a proud sponsor of cable and telecommunications industry
organizations which benefit minorities and advocate diversity and development, and in
which our employees invest countless volunteer hours:
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National Association for Multi-Ethnicity in Communications (NAMIC)
Women in Cable Telecommunications (WICT)
The Walter Kaitz Foundation
Emma L. Bowen Foundation for Minority Interests in Media
Request:
“A description of the customer service standards including: how the company will handle
outages and customer credits, the number of service centers, their locations and hours of
operation, response times and any other ways in which the company will support
excellent customer service.”
Response:
Cox consistently ranks above its peers in customer service. We strive to make
every interaction with our customers a positive one. Our customer service
representatives are trained to solve customer concerns in one call. Our reference for
customer service standards are those adopted by the Federal Communications
Commission (47 C.F.R. § 76.309(c)) and we look for other innovative ways to meet our
customer needs, such as surveys and “Welcome and Wellness” calls to new customers
and those who have experienced problems.
Trained Cox customer service representatives are available to help with technical
issues 24/7/365 at a local phone number. Billing concerns can be addressed 8 a.m. to 8
p.m., Mon-Sat. For routine matters, such as account status information or self-help on
technical issues, customers can use our automated phone system. Customers can reach us
on-line through www.cox.com, where a “live” chat can help solve problems, and through
Facebook and Twitter. Our field service representatives make service and installation
calls six days a week.
In addition to the telephone and on-line help, Cox can provide in-person
assistance at four Cox service centers in the New Orleans area. In addition, Cox has a
number of convenient locations where customers can make payments on their accounts.
Lists of those locations are enclosed as Attachments 2 and 3.
Outages. Cox implements several strategies to prevent and address service
outage. We monitor live video broadcasts and immediately investigate issues when they
occur. When a customer contacts us with an outage report, if we can’t solve it during the
telephone call, we schedule an appointment to resolve the issue within 24 hours of the
initial customer contact.
Customer credits. Cox will credit a customer’s bill for any number of reasons,
including service outages, unauthorized pay-per-view or On-Demand charges, or waive a
late fee, among other reasons. Pursuant to FCC regulations, customer credits are applied
on the customer’s next billing cycle (47 C.F.R. § 76.309(c)(3)(ii)).
Attachments
1.
2.
3.
FCC customer service and subscriber notification regulations
Cox Customer Service Centers
Cox Payment Centers
1
EXHIBIT D
FCC CABLE CUSTOMER SERVICE RULES
FROM
CODE OF FEDERAL REGULATIONS (C.F.R.)
TITLE 47--TELECOMMUNICATIONS
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
§76.309 Customer service obligations
(a) A cable franchise authority may enforce the customer service standards set forth in section (c)
of this rule against cable operators. The franchise authority must provide affected cable operators
ninety (90) days written notice of its intent to enforce the standards.
(b) Nothing in this rule should be construed to prevent or prohibit:
(1)
A franchising authority and a cable operator from agreeing to customer service
requirements that exceed the standards set forth in section (c) of this rule;
(2)
A franchising authority from enforcing, through the end of the franchise term, preexisting customer service requirements that exceed the standards set forth in section (c) of this
rule and are contained in current franchise agreements;
(3)
Any State or any franchising authority from enacting or enforcing any consumer
protection law, to the extent not specifically preempted herein; or
(4)
The establishment or enforcement of any State or municipal law or regulation concerning
customer service that imposes customer service requirements that exceed, or address matters not
addressed by, the standards set forth in section (c) of this rule.
(c) Effective July 1, 1993, a cable operator shall be subject to the following customer service
standards:
(1)
Cable system office hours and telephone availability.
(i)
The cable operator will maintain a local, toll-free or collect call telephone access line
which will be available to its subscribers 24 hours a day, seven days a week.
(A)
Trained company representatives will be available to respond to customer telephone
inquiries during normal business hours.
(B)
After normal business hours, the access line may be answered by a service or an
automated response system, including an answering machine. Inquiries received after normal
business hours must be responded to by a trained company representative on the next business
day.
Under normal operating conditions, telephone answer time by a customer representative,
(ii)
including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call
needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall
be met no less than ninety (90) percent of the time under normal operating conditions, measured
on a quarterly basis.
(iii)
The operator will not be required to acquire equipment or perform surveys to measure
compliance with the telephone answering standards above unless an historical record of
complaints indicates a clear failure to comply.
(iv)
Under normal operating conditions, the customer will receive a busy signal less than
three (3) percent of the time.
(v)
Customer service center and bill payment locations will be open at least during normal
business hours and will be conveniently located.
(2)
Installations, outages and service calls. Under normal operating conditions, each of the
following four standards will be met no less than ninety five (95) percent of the time measured
on a quarterly basis:
(i)
Standard installations will be performed within seven (7) business days after an order has
been placed. "Standard" installations are those that are located up to 125 feet from the existing
distribution system.
(ii)
Excluding conditions beyond the control of the operator, the cable operator will begin
working on "service interruptions" promptly and in no event later than 24 hours after the
interruption becomes known. The cable operator must begin actions to correct other service
problems the next business day after notification of the service problem.
(iii)
The "appointment window" alternatives for installations, service calls, and other
installation activities will be either a specific time or, at maximum, a four-hour time block during
normal business hours. (The operator may schedule service calls and other installation activities
outside of normal business hours for the express convenience of the customer.)
(iv)
An operator may not cancel an appointment with a customer after the close of business
on the business day prior to the scheduled appointment.
(v)
If a cable operator representative is running late for an appointment with a customer and
will not be able to keep the appointment as scheduled, the customer will be contacted. The
appointment will be rescheduled, as necessary, at a time which is convenient for the customer.
(3)
Communications between cable operators and cable subscribers.
(i)
Refunds. Refund checks will be issued promptly, but no later than either-
(A)
The customer's next billing cycle following resolution of the request or thirty (30) days,
whichever is earlier, or
(B)
The return of the equipment supplied by the cable operator if service is terminated.
2
Credits. Credits for service will be issued no later than the customer's next billing cycle
(ii)
following the determination that a credit is warranted.
(4)
Definitions.
(i)
Normal Business Hours. The term "normal business hours" means those hours during
which most similar businesses in the community are open to serve customers. In all cases,
"normal business hours" must include some evening hours at least one night per week and/or
some weekend hours.
(ii)
Normal Operating Conditions. The term "normal operating conditions" means those
service conditions which are within the control of the cable operator. Those conditions which are
not within the control of the cable operator include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual weather
conditions. Those conditions which are ordinarily within the control of the cable operator
include, but are not limited to, special promotions, pay-per-view events rate increases, regular
peak or seasonal demand periods, and maintenance or upgrade of the cable system.
(iii) Service Interruption. The term "service interruption" means the loss of picture or sound
on one or more cable channels.
Note to § 76.309: Section 76.1602 contains notification requirements for cable operators with
regard to operator obligations to subscribers and general information to be provided to customers
regarding service. Section 76.1603 contains subscriber notification requirements governing rate
and service changes. Section 76.1619 contains notification requirements for cable operators with
regard to subscriber bill information and operator response procedures pertaining to bill disputes.
*****
Subpart T--Notices
§ 76.1602 Customer service-general information
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph
(b) of this section against cable operators. The franchise authority must provide affected cable
operators 90 days written notice of its intent to enforce standards.
(b) Effective July 1, 1993, the cable operator shall provide written information on each of the
following areas at the time of installation of service, at least annually to all subscribers, and at
any time upon request:
(1)
Products and services offered;
(2)
Prices and options for programming services and conditions of subscription to
programming and other services;
(3)
Installation and service maintenance policies;
(4)
Instructions on how to use the cable service;
(5)
Channel positions of programming carried on the system; and
3
Billing and complaint procedures, including the address and telephone number of the
(6)
local franchise authority's cable office.
(c) Subscribers shall be advised of the procedures for resolution of complaints about the quality
of the television signal delivered by the cable system operator, including the address of the
responsible officer of the local franchising authority.
§ 76.1603 Customer service-rate and service changes
(a) A cable franchise authority may enforce the customer service standards set forth in paragraph
(b) of this section against cable operators. The franchise authority must provide affected cable
operators 90 days written notice of its intent to enforce standards.
(b) Customers will be notified of any changes in rates, programming services or channel
positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty
(30) days in advance of such changes if the change is within the control of the cable operator. In
addition, the cable operator shall notify subscribers 30 days in advance of any significant
changes in the other information required by § 76.1602.
(c) In addition to the requirement of paragraph (b) of this section regarding advance notification
to customers of any changes in rates, programming services or channel positions, cable systems
shall give 30 days written notice to both subscribers and local franchising authorities before
implementing any rate or service change. Such notice shall state the precise amount of any rate
change and briefly explain in readily understandable fashion the cause of the rate change (e.g.,
inflation, change in external costs or the addition/deletion of channels). When the change
involves the addition or deletion of channels, each channel added or deleted must be separately
identified. For purposes of the carriage of digital broadcast signals, the operator need only
identify for subscribers, the television signal added and not whether that signal may be
multiplexed during certain dayparts.
(d) A cable operator shall provide written notice to a subscriber of any increase in the price to be
charged for the basic service tier or associated equipment at least 30 days before any proposed
increase is effective. The notice should include the name and address of the local franchising
authority.
(e) To the extent the operator is required to provide notice of service and rate changes to
subscribers, the operator may provide such notice using any reasonable written means at its sole
discretion.
(f) Notwithstanding any other provision of part 76 of this chapter, a cable operator shall not be
required to provide prior notice of any rate change that is the result of a regulatory fee, franchise
fee, or any other fee, tax, assessment, or charge of any kind imposed by any Federal agency,
State, or franchising authority on the transaction between the operator and the subscriber.
Note 1 to § 76.1603: Section 624(h) of the Communications Act, 47 U.S.C. 544(h),
contains additional notification requirements which a franchising authority may enforce.
4
Note 2 to § 76.1603: Section 624(d)(3) of the Communications Act, 47 U.S.C. 544(d)(3),
contains additional notification provisions pertaining to cable operators who offer a premium
channel without charge to cable subscribers who do not subscribe to such premium channel.
Note 3 to § 76.1603: Section 631 of the Communications Act, 47 U.S.C. 551, contains
additional notification requirements pertaining to the protection of subscriber privacy.
§ 76.1619 Information on subscriber bills
(a) Effective July 1, 1993, bills must be clear, concise and understandable. Bills must be fully
itemized, with itemizations including, but not limited to, basic and premium service charges and
equipment charges. Bills will also clearly delineate all activity during the billing period,
including optional charges, rebates and credits.
(b) In case of a billing dispute, the cable operator must respond to a written complaint from a
subscriber within 30 days.
(c) A cable franchise authority may enforce the customer service standards set forth in this
section against cable operators. The franchise authority must provide affected cable operators 90
days written notice of its intent to enforce standards.
5
COX CUSTOMER SERVICE CENTERS
New Orleans
3131 Elysian Fields
New Orleans, LA 70122
Mon-Fri 8am-6pm
Sat 9am-1pm
Kenner / St. Charles
4 Storehouse Lane
Destrehan, LA 70047
Mon-Fri 8am-6pm
Metarie
2121 Airline Dr.
Metarie, LA 70001
Mon-Fri 8am-6pm
Sat 9am-1pm
Westbank
5029 Lapalco Blvd
Marrero, LA 70072
Mon-Fri 8am-6pm
Sat 9am-1pm
COX PAYMENT CENTERS
Riverbend Shell
600 S Carrollton Ave
New Orleans, La
Uptown Super Mart
1940 Dante St
New Orleans, La
Aeren Supermarket
3911 Washington Ave
New Orleans, La
Delta Fuel
617 N Broad St
New Orleans, La
Circle H Meat Market
1600 Saint Bernard Ave
New Orleans, La
Hanks Seafood & Supermark
2634 Saint Claude Ave
New Orleans, La
Deblanc Pharmacy
3111 Grand Rte Saint John St
New Orleans, La
Habibi Grocery
9530 Haynes Blvd
New Orleans, La
Project Food Store
2238 Martin Luther King
New Orleans, La
Quicky's Discount
1535 Franklin Ave
New Orleans, La
Franklin Discount
6100 Franklin Ave
New Orleans, La
24/7 Discount
1635 Tulane
New Orleans, La
Quicky's Discount
2701 Tulane Ave
New Orleans, La
Washington Discount
3303 South Broad St
New Orleans, La
Richards Food Store
2001 N. Rocheblave St
New Orleans, La
Downman Center
7200 Downman Road
New Orleans, La
Quik Cash
2008 Saint Claude Ave
New Orleans, La
St Claude Internet Café
6001 Saint Claude Ave
New Orleans, La
East Side Cash & Carry
7943 Chef Menteur Hwy
New Orleans, La
Quik Cash
3034 Gentilly Blvd
New Orleans, La
Haynes Supermarket
6318 Haynes Blvd
New Orleans, La
True Value Hardware
9885 Chef Menteur Hwy
New Orleans, La
Price Buster
865 St Charles Avenue
New Orleans, La
National Money Center
2300 S Claiborne Ave
New Orleans, La
Fuel Express Mart
5201 N Claiborne Ave
New Orleans, La
Louisiana Super Saver
1641 Louisiana Ave
New Orleans, la
Family Ranch
11950 Haynes Blvd
New Orleans, La
Unique Grocery And Check
127 Royal St
New Orleans, La
Sam's Meat Mkt
8426 I-10 Service Rd
New Orleans, La
East Side Cash & Carry
7943 Chef Menteur Hwy
New Orleans, La
East Over Market
7050 Bullard Ave
New Orleans, La
Family Ranch
11950 Haynes Blvd
New Orleans, La
Cha-Ching Money Center
4077 Tulane Ave
New Orleans, La
Louisa Mini Mart
3423 Louisa St
New Orleans, La
Request:
“A description of the insurance and security instruments the company proposes to put in
place to protect employees, citizens, and the City.”
Response:
Under its current Franchise Agreement, Cox is required to carry insurance
policies (Franchise Agreement, § 4.7), indemnify the City for any damages resulting from
the construction, operation, and maintenance of Cox’s cable system) (§ 4.7), and to
provide various security funds and letter of credit (§§ 4.2 and 4.6) to protect the City
against harm or costs related to Cox’s operations.
Cox proposes to update the insurance and indemnification requirements to meet
contemporary standards, if necessary, and to provide a bond or letter of credit in the
City’s favor in a reasonable amount to assure the company’s compliance with its
franchise obligations. Cox is willing to comply with the standard obligations, if any, the
City has adopted that are applicable to all rights-of-way users.
1
Request:
“Please provide financial statements for the last five years.”
Response:
Attachments
1.
Revenue Statements, 2005-2010
1
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2005
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2005
(In US$)
(Unaudited)
Gross Subscriber Revenues by Category:
Basic Service Revenue
Cable Programming Service Revenue
Installation Revenues
Equipment Revenues
New Product Tier
Cinemax Services
HBO Services
Showtime Services
TMC Services
Starz Services
Other Pay Revenue
Pay Per View Revenues
Program Guide Revenues
Total Subscriber Revenue
11,557,569
18,652,374
515,733
2,973,580
3,082,175
1,279,265
2,808,850
1,050,476
104,397
857,348
(311,360)
1,201,444
142,991
43,914,842
Other Operating Revenues:
Local Cable Advertising
Production Income
Home Shopping Commissions
Other Operating Income
Total Other Revenues
3,352,328
110,887
228,354
7,278,647 1
10,970,216
Total Gross Revenues
1
54,885,058
Revenues are including in Other Operating Income total from September through
December 2005, (Post Katrina) that in a normal operating year would otherwise have
been included in a break out category under Gross Subscriber Revenues.
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2006
(In US$)
Gross Subscriber Revenues by Category:
Basic Service Revenue
Cable Programming Service Revenue
Installation Revenues
Equipment Revenues
New Product Tier
Cinemax Services
HBO Services
Showtime Services
TMC Services
Starz Services
Other Pay Revenue
Pay Per View Revenues
Program Guide Revenues
Total Subscriber Revenue
Other Operating Revenues:
Local Cable Advertising
Production Income
Home Shopping Commissions
Other Operating Income
Total Other Revenues
Total Gross Revenues
7,464,010
12,729,400
933,502
1,679,162
2,693,959
786,708
2,082,417
718,511
0
528,622
(176,362)
1,108,293
75,078
30,623,299
1,178,998
114,053
327,806
2,769,590
4,390,447
35,013,746
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2007
(In US$)
Gross Subscriber Revenues by Category:
Basic Service Revenue
Cable Programming Service Revenue
Installation Revenues
Equipment Revenues
New Product Tier
Cinemax Services
HBO Services
Showtime Services
Starz Services
Other Pay Revenue
Pay Per View Revenues
Program Guide Revenues
Total Subscriber Revenue
Other Operating Revenues:
Local Cable Advertising
Home Shopping Commissions
Other Operating Income
Total Other Revenues
Total Gross Revenues
9,596,523
18,452,133
1,173,196
2,829,566
4,085,527
932,342
2,570,040
887,762
692,025
(135,229)
1,643,493
2,458
42,729,836
1,688,729
244,283
980,005
2,913,017
45,642,853
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2008
Revenues by Category:
Service Revenues
2008
$46,356,826
Installation Revenues
1,111,344
Equipment Revenues
3,707,539
Home Shopping
213,075
Other Revenues
5,589,271
Local Cable Advertising
3,290,224
Less: Bad Debt & A/R
Total Taxable Revenue
(4,455,120)
$55,813,159
(in US $)
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2009
Revenues by Category:
Service Revenues
2009
$52,757,948
Installation Revenues
1,172,600
Equipment Revenues
4,922,586
Home Shopping
249,682
Other Revenues
5,959,144
Local Cable Advertising
3,767,747
Less: Bad Debt & A/R
Total Taxable Revenue
(1,364,102)
$67,465,605
Cox Communications of Louisiana, LLC.
Statement of Revenues
Year Ended December 31, 2010
Revenues by Category:
Service Revenues
2010
$60,918,511
Installation Revenues
1,152,934
Equipment Revenues
5,834,598
Home Shopping
272,209
Other Revenues
5,076,460
Local Cable Advertising
3,722,329
Less: Bad Debt & A/R
Total Taxable Revenue
(1,305,780)
$75,671,261
Request:
“A sworn affidavit stating that the affiant is in compliance with Section 2-8(c) of the City Code
and that no principal, member and/or officer of the contracting entity has within the preceding
five (5) years been convicted of, or plead [sic] guilty to, a felony under state or federal statutes
for embezzlement, theft of public funds, bribery, and/or falsification or destruction of public
records.”
Response:
See Affidavit from Steve Sawyer on the following page.
COX COMMUNICATIONS LOUISIANA. LLC'S
RESP9NSE TO REQUEST FOR PROPOSAL FOR CABLE TELEVISION PROVTDER
AFFIDAVIT OF STEVE SAWYER
STATE OF LOTJISIANA
P A R I S HO F J E F F E R S O N
BEFOREME, the undersigned
Notary Public,duly commissioned
and qualifiedin and
lbr the aforesaidParishand State.personallycameand appearedSteveSanl'er, who beingduly
swom did deposeand say:
l. I am of lull age of majority. am fully competentto testify to the statementscontained
herein,and har,'epersonalknorvledgeof the factssetfbrth in this affidavit.
2. I am currentlyemployedby Cox Communications
Louisiana,LLC ("Cox") as Vice
Presidentof Public and GovernmentAt-fairs,and I have been an offlcer of Cox since
O c t o b e r1 . 1 9 9 0 .
with Section2-8(c)of the City Codeof New Orleans.No principal,
3. Cox is in compliance
memberand/orofficer of Cox has,within the precedinglive (5) years,beenconvictedof
or pled guilty to a f'elonyunderstateor federalstatutesfor embezzlement,
theft of public
funds,bribery,and"/orfalsificationor destructionof public records.
ITURTHER,Affiant sayethnot.
,ti
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The Stateof Louisiana
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Request:
“Name, title, address, phone number, fax number, and e-mail address of the firm’s
principal contact person.”
Response:
Mr. Steve Sawyer
Vice President, Public & Government Affairs
Cox Communications – Louisiana
2121 Airline Drive
Metairie, Louisiana 70001
504-358-6110 – office
504-304-2248 – fax
[email protected]
1
ACKNOWLEDGEMENT OF EXCLUSION
OF WORKERS’ COMPENSATION COVERAGE
Cox is a cable operator holding a cable franchise granted by the City of New Orleans to
operate, construct and maintain a cable communications system within the streets and public
ways within the City of New Orleans, and submits this Proposal pursuant to 47 U.S.C. § 546(h)
as an informal proposal to renew its cable franchise with the City. The City’s RFP does not
appear to apply to “professional service contracts” entered into with the City as that term is
generally understood. Thus, it is unclear to Cox whether the requested acknowledgement, as
written, is applicable in this instance.
To the extent that the acknowledgement required by the City’s Request for Proposal is
applicable to Cox and its franchise renewal proposal, Cox acknowledges and agrees that the City
of New Orleans shall not be liable to Cox for any benefits or coverages as provided by the
Workers’ Compensation Law of the State of Louisiana, and further, under the provisions of La.
R.S. 23:1034, anyone employed by Cox shall not be considered an employee of the City for the
purpose of Workers’ Compensation coverage.
ACKNOWLEDGEMENT OF EXCLUSION
OF UNEMPLOYMENT COMPENSATION COVERAGE
Cox is a cable operator holding a cable franchise granted by the City of New Orleans to
operate, construct, and maintain a cable communications system within the streets and public
ways within the City of New Orleans, and submits this Proposal pursuant to 47 U.S.C. § 546(h)
as an informal proposal to renew its cable franchise with the City. The City’s RFP does not
appear to request or include the services of Cox as an “independent contractor hired by the City”,
and Cox is not seeking to enter into a “contract of hire” with the City as noted and defined in La.
R.S. 23:1472 (E).
To the extent that the acknowledgement required by the City’s Request for Proposal is
applicable to Cox and its franchise renewal proposal, Cox acknowledges and agrees that in
connection with unemployment compensation coverage only, that:
A. Except as expressly stated in the cable franchise with the City, Cox has been and will be
free from any control or direction by the City over the performance of the services
covered by the franchise;
B. Service(s) to be performed by Cox are outside the normal course and scope of the City’s
usual business; and
C. Cox has been independently engaged in performing the service(s) listed in the Request
for Proposal prior to the date of the proposed franchise. Consequently, neither Cox nor
anyone employed by the Cox shall be considered an employee of the City for the purpose
of unemployment compensation coverage, the same being hereby expressly waived and
excluded by the parties hereto.