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 2 I 510 Lake Po ntchartra in Cswy 1 wy 1 US H wy ur H ente M f Che Gentilly Blvd I 10 I 610 90 B Br o N 39 Av e us Westbank Expy St ate Hw y so Highway 90 W Ave rne Hw y Br oa d y 90 S US Hw d B lv nH wy Maple Rid ge Hwy Tu l ane E Ear arhhar artt E Bxp Ave lvdy o laib SC y wa use Ca US ad Av e Allen St ne Hwy Airline Dr pyBrg ns Ex Crescent City lea ain rtrOr haw Ne ntcConnection er Po Great y 47 HwRd Paeris Stat N Causeway Blvd Orleans Parish 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: 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: 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. 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: 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: 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: 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 / SIGNEDAT //'€fatnr<._ / ,zt lA-t SUBSCRIBEDAND SWORNbeforeme this NofarvPublic in and fbr The Stateof Louisiana 'l--,i lnYn P/, \ / // / PrintedNhme of Notary' NotaryIdentification Number, Z ?067 My Commission Expireson, fZo{lt PHIIIIPI.At|nS l{oiltrPt il.lc nF0!?lFA{s,srATE 0FLA. t,qn:q!t rt,h .i; iit'i -!fn rDR LIFE. LiI i.. ;:,i,,,!ri,lf tiulArlYrrtiuiirllir # i6rig4 Zgnz uBARRq.[ilo. / V ,luuof Mav 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.