HomeMy WebLinkAbout3108FRANCHISE ORDINANCE
ORDINANCE NO. 3 l0 9
AN ORDINANCE of the City of Kent,
Washington, granting unto TCI Cablevision of
Washington, Inc., the right, privilege,
authority and franchise for fifteen (15) years
to construct, maintain and operate a cable
television system for the distribution of
television and other electronic signals within
all City right-of-ways.
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TABLE OF CONTENTS
Section
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1. Purpose
2. Length of Franchise
3. Service Area
4. Franchise Fee
5. Future Provisions
6. Public, Educational, and Government Access Channels
7. Government Access Equipment
8. Institutional Networks
9. Coverage
10. Emergency Override
11. Public Buildings
12. Penalties
13. Independent Contractors
14. Entire Agreement
15. Successors or Assigns
16. Acceptance
17. Notice
18. Severability
19. Effective Date
Appendix "A" Access Studio and Equipment
Appendix "B" Building Locations
Appendix "C" Public Schools
Programming Survey
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ORDINANCE NO. 3 1 0 8
AN ORDINANCE of the City of Kent,
Washington, granting unto TCI Cablevision of
Washington, Inc., the right, privilege,
authority and franchise for fifteen (15) years
to construct, maintain and operate a cable
television system for the distribution of
television and other electronic signals within
all City right-of-ways.
THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Purpose.
This Franchise shall constitute an agreement between the City of
Kent (hereinafter the "City") and TCI Cablevision of Washington,
Inc. (hereinafter the "Operator"). The Operator promises to
construct, maintain, and operate a cable television system for the
distribution of television and other electronic signals pursuant to
the terms of this Franchise and the City's Cable Communications
Ordinance No. ,310 The City agrees to grant the Operator all
necessary rights and privileges to use public rights of way
necessary for a cable television system. This agreement shall, as
of its effective date, supersede and replace all existing
franchises previously granted by the City of Kent to the Operator
or any of its predecessors, subsidiaries or affiliated companies.
Section 2• Length of Franchise.
The length of this Franchise shall be for a term of fifteen (15)
years commencing on the effective date of this ordinance.
Section 3: Service Area.
The Operator's service area shall be the entire incorporated
area of the City of Kent, in its present incorporated form or in
any later reorganized, consolidated, enlarged, or re -incorporated
form.
Section 4: Franchise Fee.
The Operator shall pay to the City quarterly, on or before the
thirtieth (30th) day of each January, April, July and October, a
sum equal to five percent (5%) or greater of gross revenues
commencing upon the effective date of this ordinance. Revenues
M that are derived as a portion of a national or regional service
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The City may raise the franchise fee, if so permitted by Federal
and State law. Prior to implementation of any increase in
franchise fees the Operator may request, and will be granted, a
public hearing by the City Council to discuss the benefits of said
increase to the citizens of Kent. Upon a finding of the City
Council that such increase is reasonably required to meet community
needs, taking into consideration the cost of providing such
increase, the City Council may require the implementation of such
increase in accord with the provisions of this agreement.
(a) Late Payment. Any quarterly franchise fee not paid by
the Operator within thirty (30) days of the end of a quarter
shall bear interest at the rate of twelve percent (12%) per
TCI/CATV Franchise - Page 2 of 13
annum or whatever maximum amount is allowed under State law,
whichever is greater, from the due date until paid.
(b) Financial Reports. Each franchise fee payment shall be
accompanied by a financial report on a form provided by the
City showing the basis for the Operator's computation and
separately indicating revenues received by the Operator within
the City from basic service, pay TV service, other applicable
sources of revenue, and such other information directly
related to confirming the amount of the Operator's gross
revenues as may be reasonably required by the City.
(d) Non -waiver. Acceptance of any franchise fee payment by
the City shall not be construed as an agreement by the City
that the franchise fee paid is in fact the correct amount, nor
shall acceptance of payment by the City be construed as a
release or waiver of any claim the City may have for further
or additional sums payable under the provisions of this
Ordinance.
TCI/CATV Franchise - Page 3 of 13
(c) Audit by City. The City shall have the right, upon
reasonable notice or no less than two working days, to inspect
the books and records of the Operator during normal businessi
hours, for the purpose of ascertaining the actual gross
revenues collected by the Operator. In the event that such
audit discloses a discrepancy of more than ten percent (10%)
between the financial report submitted by the Operator with a
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quarterly payment and the actual gross revenues collected by
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Operator, the Operator agrees to pay to the City the costs
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of such audit. In the event that such audit results in a
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determination that additional franchise fees are due the City,
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the Operator further agrees to pay interest as required for
late payment on such additional franchise fees computed from
the date on which such additional franchise fees were due and
payable.
(d) Non -waiver. Acceptance of any franchise fee payment by
the City shall not be construed as an agreement by the City
that the franchise fee paid is in fact the correct amount, nor
shall acceptance of payment by the City be construed as a
release or waiver of any claim the City may have for further
or additional sums payable under the provisions of this
Ordinance.
TCI/CATV Franchise - Page 3 of 13
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(e) Taxes. Nothing in this section shall
Operator's obligation to pay applicable local,
Federal taxes.
Section 5: Future Provisions.
limit thel
State, or
The City and the Operator acknowledge that the former should be
provided with a cable system that has the same general capabilities
and capacity as those provided other cities served by the Operator
in the King -Pierce -Snohomish County area of the State of
Washington. The City may, at its discretion, require that the
Operator provide such interactive services as addressability,
security, computer interaction, banking, shopping, voice and data
transmission, High Definition Television (HDTV), fiber optic and
other such features, as well as upgrades capable of carrying at
least fifty-four (54) channels, within the City within twenty-four)
(24) months of any of the following occurrences:
Provision by the Operator of any of the same services
identified above to a preponderance of a cable system;
(a) Within the City of Seattle system, or;
(b) Within any adjacent community, or;
(c) Forty percent (40%) of the municipalities in King,
Pierce, and Snohomish Counties.
Notwithstanding the above, the Operator shall in any event
complete the upgrade to 54 channels and have the capability of
implementing these enhanced services within forty-eight (48) months
from the effective date of this franchise.
Prior to implementation of any such services listed above the
Operator may request a public hearing by the City Council, to
discuss the benefits of said features to the citizens of the City.
TCI/CATV Franchise - Page 4 of 13
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Upon a finding by the City Council that such features arel,
reasonably required to meet community needs, taking into
consideration the expense of providing such services and the
potential costs to subscribers, the City Council may require the
implementation of such features in accord with the provisions of
this agreement. If the Council deem it necessary, it may, at its
own option by a majority vote, extend the time requirements,
established in this section.
Additionally, the operator, upon completion of the upgrade or
by the expiration of the forty-eight (48) month period as
prescribed herein, shall provide, maintain and operate a public
access studio within a radius of eight (8) miles of the City Hall,j
or at a location mutually agreeable by all parties. Such
facilities shall be subject to approval by the City as suitable.
Such approval shall not be unreasonably withheld.
Section 6: Public Educational and Government Access Channels.
Within six (6) months of the effective date of this Franchise,
unless such time is extended by mutual written agreement between
the parties, the operator shall make provisions so that the City
shall have the capability of live broadcasting from City Hall.
The City shall initially be provided with one (1) access
channel capable of live broadcast from City Hall. Upon the
provision of fifty-four (54) or more channels the City shall be
provided with one (1) educational access channel upon request by
the City. The City may initially share a common public access
channel with other communities, however, the City may elect, at its
option, to provide programming over an individual public access
channel for the City's sole use.
TCI/CATV Franchise - Page 5 of 13
Additional channels over and above these shall be made
available for City purposes when any of the two (2) designated
channels is in use for access purposes with programming during
fifty percent (50%) of the hours between 10:00 a.m. and 10:00 p.m.,
during any consecutive ten (10) week period. Programming or
additional channels required shall be distinct and non -repetitive
of the previous channel. The Operator shall, within six (6) months
following a request by the City, provide another designated access
channel for this purpose.
The Operator shall continue to provide additional channels'
under the same conditions. If additional channels are designated
for community use, but, after one year, such channel(s) are not
programmed at least twenty-five percent (25%) of the hours between
10:00 a.m. and 10:00 p.m. with programming, the access users will,
within six (6) months of receiving written notice from the
Operator, group their programming into one contiguous block of time
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of their choosing. The remaining broadcast time on such channel
shall then revert to the Operator for its unrestricted use within
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CT. Contributions to Public, Educational and Government ("PEG
access will not be considered in lieu of a franchise fee or other
obligations to the City.
Section 7• Government Access Equipment.
The Operator shall provide, maintain, and install the necessary
equipment for local government cablecasting within six (6) months
of a request of the City unless extended by mutual written
agreement. Such equipment shall not be less in quantity nor
equivalent quality than those listed in Appendix A.
TCI/CATV Franchise - Page 6 of 13
Section 8: Institutional Networks.
Within twelve (12) months from the effective date of this
franchise the Operator shall provide a unidirectional institutional
network linking the City's fire stations as indicated in Appendix
B. This system will allow programming to be originated in coded
form from the East Hill fire station and to be received by decoding
devices in each fire station location.
Upon completion of the upgrade under the conditions specified
in "Section 5: Future Provisions," the Operator shall make
available within six (6) months an interactive system to provide
two-way communication between the fire stations.
The City shall be provided with cable television service in the
entire Franchise area. If such a condition does not now exist, the
Operator shall complete such wiring and be in a position to offer
cable reception to all residents within twelve (12) months from the
grant of the Franchise. Areas subsequently annexed shall be
provided with cable availability within twelve (12) months if not
already served by cable, subject to the terms in Section 7.12.270
Extraordinary Installation of Section 2 of the Kent Cable
Communications Ordinance No. 3/0
TCI/CATV Franchise - Page 7 of 13
Subsequent to this event other agencies may request a
hearing
by the City Council in order to substantiate a need for
further
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educational or public safety
bi-directional networks. The
Operator
shall have the opportunity
to present its views on the
cost and
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appropriateness of any such
contemplated network.
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section 9: Coverage.
The City shall be provided with cable television service in the
entire Franchise area. If such a condition does not now exist, the
Operator shall complete such wiring and be in a position to offer
cable reception to all residents within twelve (12) months from the
grant of the Franchise. Areas subsequently annexed shall be
provided with cable availability within twelve (12) months if not
already served by cable, subject to the terms in Section 7.12.270
Extraordinary Installation of Section 2 of the Kent Cable
Communications Ordinance No. 3/0
TCI/CATV Franchise - Page 7 of 13
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Section 10• Emergency Override.
Upon completion of the system upgrade subject to the conditions
of Section 5: Future Provisions the Operator shall make provisions
for an emergency alert system from City Hall or any one of the
primary police or fire facilities. The Operator shall establish a
process which will provide a character generated scroll and make
its best effort to furnish a voice override notifying viewers and
listeners of the emergency. This emergency alert system will be
compatible with applicable Federal, State and Local regulations.
Subject to Federal and State laws and regional planning
authorities, control of these emergency override facilities shall
be the responsibility of the City. The City shall hold a
franchisee, its agents, employees, officers, and assigns harmless
from any claims arising out of the emergency use of its
transmitting facilities by the City. The City, at its option mayl
elect to share this service with adjoining communities.
Section 11: Public Buildings.
The Operator shall provide without charge for installation or
monthly rate, basic service, and outlets at such public buildings
and schools as specified in Appendix "B" and "C" as well as other
such buildings that may be constructed during the period of the
Franchise that are passed by cable and within 150 feet of the trunk
or distribution system. The Operator shall make its best efforts
to provide regional interconnection of all schools at the
appropriate time.
TCI/CATV Franchise - Page 8 of 13
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Section 12: Penalties.
The City may, following a hearing of the City Council, apply any
of the following penalties in connection with delays in system
performance. The City shall, prior to any hearing which may result
in the imposition of fines, provide the Operator a reasonable
opportunity to correct alleged violations by notifying the Operator
in writing within thirty (30) days of the City's discovery of the
alleged violation, stating the nature of the alleged
non-compliance.
If, following such hearing, it is determined by the City Council
that the Operator has failed to comply with the schedule set forth
in the Franchise, monetary penalties will be imposed as set forth
below for each day beyond thirty (30) days that the Operator has
not fulfilled the requirement(s):
a. Upgrade improvements and regional P.E.G. facilities required
by Section 5: Future Provisions, $200.00 per day.
b. Equipment and channels committed by the Operator to the City
for access purposes described in Sections 6. 7 and 8,
$200.00 per day.
C. Coverage of annexed areas where such is not completed as
required by Section 9, $200.00 per day.
Termination of the Franchise pursuant to the procedure outlined
in the City's Cable Communications Ordinance No. 3/07 may be
imposed for any violation of one or more of the above listed items.
The Operator and the City agree that any of the above described
violations, unless excused, would constitute failure to comply with
a material provision of the Franchise.
The penalty amounts listed in this section shall be adjusted as
necessary to compensate for inflation. No penalty shall be imposed
without a hearing before the Council or its designated
TCI/CATV Franchise - Page 9 of 13
representative(s). No penalty, bond, forfeiture, or termination)
shall be imposed for delays where such delays are the result of
causes beyond the control and/or without fault or negligence of the
Operator, as determined by the City. The Operator shall be entitled
to an extension of time if construction is suspended or delayed by
the City, or where unusual weather, acts of God (e.g. earthquakes,
floods, etc.), extraordinary acts of third parties, or other
circumstances which are beyond the control of the Operator, delay
progress provided that the Operator has not, through its own
actions or inactions, substantially contributed to the delay. The
amount of time allowed will be determined by the City and the
Operator. The extension of time in any case shall not be less than
the extent of the actual non-contributory delay experienced by the
Operator. If payment of any of these penalties is delinquent by
three ( 3 ) months or more, the City may require partial or total
forfeiture of performance bonds or other surety.
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-- Section 13: Independent Contractor.
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QThis agreement shall not be construed to provide that the
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(T; Operator is the agent or legal representative of the City for any
purpose whatsoever. The Operator is not granted any express or
implied right or authority to assume or create any obligation or
responsibility on behalf of or in the name of the City or to bind
the City in any manner or thing whatsoever.
Section 14• Entire Agreement.
This agreement, including the City's Cable Communications)
Ordinance No. O and exhibits that are attached hereto and
incorporated herein by reference, represents all of the covenants,
promises, agreements, and conditions, both oral and written,
between the parties. However, the City reserves the right to waive
TCI/CATV Franchise - Page 10 of 13
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any of these sections without affecting the applicability of other
sections not so specifically waived. Waiver of any Franchise
requirement or Ordinance sections by the City shall be in writing
in order to be effective.
Section 15: Successors or Assigns.
This Franchise Agreement, including all addenda, and the City's
Cable Communications Ordinance No. -31,07 shall bind the
Operator, its heirs, successors, transferees and assigns.
Section 16: Acceptance.
This grant of Franchise and its terms and provisions shall be
accepted by the Operator by the submission of a written instrument,'
executed and sworn to by a corporate officer of the Operator before
a Notary Public, and filed with the City Clerk within sixty (60)
days after the effective date of this Franchise. such instrument
shall evidence the unconditional acceptance of this Franchise and
the promise to comply with and abide by all its provisions, terms
and conditions.
Section 17: Notice.
Written notices shall be deemed to have been duly served if
delivered in person to the individual or entity for whom it was
intended, or if delivered at or sent by registered or certified
United States mail to the last business address known to the party
who gives the notice.
All notices and requests shall be addressed to the City of Kent
and the Operator as follows:
TCI/CATV Franchise - Page 11 of 13
CITY: City Clerk
City of Kent
220 Fourth Avenue South
Kent, WA 98032
OPERATOR•• TCI Cablevision of Washington, Inc.
P.O. Box 1048
Auburn, WA 98002
Section 18: severability.
The provisions of this ordinance are declared to be separate and
severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance
shall not affect the validity of the remainder of the ordinance, or
�. the invalidity of its application to other persons or
circumstances.
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O section 19: Effective Date.
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This Ordinance shall take effect thirty (30) days from and after
its passage and publication, provided, however, the Franchise
granted by this Ordinance shall not become effective until the
Operator files written acceptance thereof.
DAW KELLEHER, MAYOR
TCI/CATV Franchise - Page 12 of 13
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ATTEST:
BRENDA JACOBER,---CIW CLERK
APPROVED AS TO FORM:
A. L BOVICH, CITY A
PASSED the day of 1993.
APPROVED the day of 1993.
PUBLISHED the _day of , 1993.
I hereby certify that this is a true copy of Ordinance
No. 0 8 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
TCIFRNCH.adm
TCI/CATV Franchise - Page 13 of 13
-cam/ LL-t✓b`�^ri`'I"SEAL)
BRENDA JACOB , CITY CLERK
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Rent Access Equipment
APPENDIX A
In accordance with Section 7• Government Access Equipment, the
following equipment or its equivalent will be supplied by the
Operator:
Ouantity Description of Item
1
Texscan MSI -SG 4-B Character Generator
3
Panasonic CCD Two -Color Chip Cameras
3
Telco Remote Camera Control Systems
1
Amega 3000 Computer System with Omni Link
and Video Toaster
2
Panasonic AG 8350 SVHS 1/2" Recording Decks
1
Shure Audio Microphone System
10
Lavalier Microphones
3
12" Color Monitors
1
19" Color Monitor
2
Panasonic AG460 1/2" SVHS Cameras
2
LTM 4 Pepper 420 Light Kits (with
accessories)
2
Bogen 3062 Video Tripods (w/3066 fluid head)
2
Tripod Adaptors
20
1/2" 20 Minute Video Cassettes
20
1/2" 30 Minute Video Cassettes
20
1/2" 60 Minute Video Cassettes
Miscellaneous lighting system as required
adequately allow for the video taping and
broadcast of City meetings in the existing City
Council Chambers.
Miscellaneous cable as required to complete the
wiring of the existing City Council Chambers.
Kent Public Buildings APPENDIX B
The following buildings will be connected when economically and
technically feasible:
FIRE STATION #6, 20676 72nd Ave. S., Kent, WA 98032
CENTENNIAL CENTER
LIBRARY
400 W. Gowe
212 2nd Ave. N.
Kent, WA 98032
Kent, WA 98032
CITY HALL
RIVERBEND DRIVING RANGE
220 4th Ave. S.
2020 W. Meeker
Kent, WA 98032
Kent, WA 98032
CITY SHOPS
RIVERBEND 9 HOLE
5821 S. 240th
2020 W. Meeker
Kent, WA 98032
Kent, WA 98032
CORRECTIONS FACILITY
RIVERBEND 18 HOLE
1230 S. Central
2019 W. Meeker
Kent, WA 98032
Kent, WA 98032
FIRE STATION #1
SENIOR CENTER
504 W. Crow
600 E. Smith
Kent, WA 98032
Kent, WA 98031
FIRE STATION #3
SPECIAL POPULATIONS CENTER
26512 Military Rd. S.
315 E. Meeker
Kent, WA 98031
Kent, WA 98031
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FIRE STATION #4
VALLEY COM.
N24611
116th Ave. S.E.
23807 98th S.
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Kent, WA 98031
Kent, WA 98031
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KENT COMMONS
KENT POLICE DEPARTMENT
525 4th Ave. N.
232 4th Ave. S.
Kent, WA 98032
Kent, WA 98032
The following buildings will be connected when economically and
technically feasible:
FIRE STATION #6, 20676 72nd Ave. S., Kent, WA 98032
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City of Kent Schools
Cedar Valley Elementary
26500 Timberlane Wy. SE
Kent, WA 98042
Covington Elementary
17070 S.E. Wax Road
Kent, WA 98042
East Hill Elementary
9825 S. 240th
Kent, WA 98042
Grass Lake Elementary
28700 191st PI. S.E.
Kent, WA 98042
Kent Elementary
317 4th Avenue S.
Kent, WA 98032
Kent Junior High
620 N. Central
Kent, WA 98032
Kent Meridian High School
10020 S.E. 256th
Kent, WA 98031
Kentridge High School
12430 S.E. 208th
Kent, WA 98031
Lake Youngs Elementary
19660 142nd Ave. S.E.
Kent, WA 98042
APPENDIX C
Martin Sortun Elementary
12711 S.E. 248th Street
Kent, WA 98031
Mattson Junior High
16400 S.E. 251 st.
Kent, WA 98042
Meridian Junior High
23480 120th S.E.
Kent, WA 98031
Panther Lake Elementary
20831 108th S.E.
Kent, WA 98031
Park Orchard Elementary
11010 S.E. 232nd
Kent, WA 98031
Pine Tree Elementary
27825 188th S.E.
Kent, WA 98031
Scenic Hill Elementary
26025 Woodland Way S.
Kent, WA 98031
Soos Creek Elementary
12651 S.E. 218th PI.
Kent, WA 98031
Springbrook Elementary
20035 100th S.E.
Kent, WA 98031
If economically and technically feasible, additional schools, when
constructed or added to the Kent school system, will be provided
with cable service.
If economically and technically feasible, all existing or added
Federal Way School system schools located within the territorial
limits of the City of Kent will be provided with cable service.
The following schools will be provided with cable service when
economically and technically feasible:
Crestwood Elementary, 25225 180th S.E., Kent, WA 98042
Horizon Elementary, 27641 144th Avenue S.E., Kent, WA 98042
Jenkins Creek Elementary, 26915 186th Avenue S.E., Kent, WA 98042
Kent Continuation School, 22420 Military Road, Kent, WA 98032
Kentwood High School, 25800 164th S.E., Kent, WA 98042
Neely -O'Brien Elementary, 6300 S. 236th Street, Kent, WA 98032
Sequoia Junior High, 11000 S.E. 264th, Kent, WA 98031
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City of Kent
Programming Survey
Results of Random Sampling of 800 Residences
11/13/91
Type of Programming
% Responding Interest as
Very High or Somewhat High
News..................................................88%
oldMovies.............................................75%
Sports.................................................75%
Weather................................................71%
AdultEducation........................................67%
Health.................................................63%
Local Bulletin Board...................................59%
FineArts..............................................58%
VideoMusic
............................................58%
Children's Programs....................................54%
Business...............................................50%
ConsumerInformation...................................38%
Country................................................38%
LocalAdvertisement....................................38%
SeniorCitizens........................................29%
U.S. Congress Proceedings..............................25%
Religious..............................................21%
SpanishLanguage........................................4%