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Show The Salt Lake Tribune, Thursday, July 24, 1980 1 Cable TV Finns Back In Running for Market BOUNTIFUL Wasatch Community Cable Inc., Magness suggestion that the city power department out of business temporarily when its incorporation held up the installation. charter was suspended, is back in the running for He said the company had in essence misrepBountiful's cable television market. resented itself by failing to disclose a change in But the Bountiful City Council, in sustaining a majority ownership when the 1979 revised franchise power line agreement with the firm, served notice contract was approved. that a second company wanting a city franchise was Councilman Paul B. Allen said he was free to compete for business. disappointed by the inaction on Wasatchs part, City attorney Layne B. Forbes rendered a legal but in light of Mr. Forbess opinion, he said he saw no the power opinion that Wasatch had not defaulted on its option but to allow the firm to contract with the city when ts incorporation charter line provision. ( was revoked by the Utah Secretary of State last He pointed out that Wasatchs contract could not March. be terminated by the city unless the company failed Wasatch underwent an ownership change three to meet the May 1981 service deadline. years ago, and as a result deposits for minimum Bountiful's authority to grant cable television franchise tax requirements were not posted with the franchises was challenged by attorney George Fadel, state for 1977 and 1978. The oversight corrected, representing Telecommunications Management Wasatchs charter was reinstated July 1. Corp. Franchise Issuance Powers 2nd Firm Seeks Franchise Mr. said statutes failed to delegate Fadel The suspension prompted another cable firm. Telecommunications Management Corp. of Alexan- franchise issuance powers to municipalities, that dria, Va., to propose acquiring a cable television cable television operations are to be treated solely as business licensees. franchise with Bountiful City. franchise contract was He said Wasatch's Kim Magness, manager of Wasatch Community Cable, 80 percent of whose stock is now controlled by invalid, since the city could only deal with cable firms Telecommunications Inc. of Denver, said his firm is in terms of business licensure. prepared to continue implementation of a cable Bountiful's situation is unique in that the city owns system in Bountiful, a system that should be the power lines, thus can enter into contract with a operative within eight months. cable firm for rights to use those lines, said Mr. The charter suspension forced the issue of Fadel. whether Wasatch still legally possessed its franchise The attorney also said that under the citys agreement, revised in 1979 after 13 years of original franchise ordinance passed in 1968, Wasatch dormancy. It also cast question on whether the power would owe Bountiful 50 percent of its profits as result line agreement, negotiated and signed by Wasatch of a change in ownership, a condition not reflected in during the suspension period, was legally intact. the revised 1979 ordinance. Mr. Forbes advised that the franchise contract Were not saying, Shut those other people itself was still viable, and that Wasatch, as holder of (Wasatch) out. Were saying treat us both like the franchise, had the right to now renegotiate the licensees," said Mr. Fadel. power line agreement. Says City Has Power Question Wasatchs Commitment Mr. Forbes said state law does allow a city to set Some council members questioned Wasatch's aside properties and facilities for cable television. He commitment to cable television in Bountiful, asking said cities also have the authority to grant service proof of progress the company had made toward franchises to utilities, such as Mountain Bell and meeting a May 1981 deadline to have its system Mountain Fuel. operative. As to the 50 percent share of profits, Mr. Forbes Mr. Magness said delays in negotiating the power said the original ordinance addressed only a Bountiful Light transfer of the plant or system and not a transfer of line agreement with the and Power Co. slowed efforts to get the cable ownership stock. installation process off the ground. He said Wasatch could probably obtain a He said Wasatch presently has 200 miles of cable favorable court ruling in forcing the city to deal with ready to let to an installation contractor and that the it as a legal franchise. He said he leaned toward firm has spent $130,000 on equipment since February recognizing Wasatch as such. to prepare the network. The council voted 0 to allow Mr. Forbes to a new power line agreement with the renegotiate Wasatch, which holds franchises tall other Davis firm. Councilman Bingham abstained. County cities, has built a signal reception earth Allen said the action would not Councilman station in Farmington that could deliver service to preclude Telecommunications Management Corp. Bountiful today if the system were ready. from applying as a competitive franchise in Councilman Jay R. Bingham criticized Mr. Bountiful. 50-ye- city-owne- d We're the Special Place tor You 3-- Were Your Summer Oasis Davis Public Defender Says His Caseloads Too Heavy FARMINGTON Davis Countys public defender says his caseload has become too much for one man to handle. Loren Martin told the county commission that he will propose that measures be taken to delegate d cases to another public defender contracted by the county or a permanent public defender's office. Mr. Martin has alone contracted with Davis County since 1976 to handle the representation of criminal suspects arrested in Davis County and who d counsel. choose to be defended by But the number of cases coming his way, he said, has taxed funding appropriated for public defender counsel and the ability to devote full attention to every matter. In 1976, Mr. Martin said he took 110 cases in that year, but through June 1980 his caseload totaled 130. He predicted that number to double before the end of this year. Average Cost Per Case Whereas the average cost per public defender case four years ago was $2l8, the increased caseload has diluted that amount to a present cost of $110. Mr. Martin told commissioners that he thought the case sum necessary to handle a wculd have increased since 1976. But by operating under the same contract for four years, the county has in essence saved $130,000 in public defender services, he said. Of the 130 cases through June 1980, 85 percent have been of a felony nature, requiring more preparation as the matter filters through the judicial system, said Mr. Martin. And more persons convicted of serious crimes are opting for "cost free public defender service, as widespread awareness of its availability prevails, he said. Receives $29,000 Under Contract This year, Mr. Martin has received $29,000 under the county contract to represent the accused, but that sum must go for secretarial help, office space, travel costs and court costs as well as his salary, he said. Court costs alone have absorbed 40 percent of the contract appropriation, Mr. Martin said. A new state criminal code procedure dictates that criminal complaints receive a preliminary hearing or trial within 30 days of their filing, he said, which court-appointe- full-tim- e, court-appointe- court-appoint- means the public defenders case schedule is further period is not met, the compressed. If the charge is then either refiled or dismissed. Establish Permanent Office? Mr. Martin suggested that the county either be one section handled by one public split in half attorney and he handle the other or that the county establish a permanent public defender's office. He said the latter would assure continuity in the criminal cases. representation of It used to be youd say Davis County didnt have the kind of people wed find on both ends (offenders from Salt Lake or Weber counties). And I think thats still true. But now theyre finding, say while driving from Salt Lake to Ogden, that theres something in the middle, he said. As a result, criminal matters are on the rise in Davis County, attributed in part to the countys growing population. Mr. Martin said about 60 percent of those he represents are Davis County residents. 30-da- court-appoint- Clinic Slated Aug. 5 On Cervical Cancer BOUNTIFUL A special cervical cancer screening clinic will be offered Aug. 5 at the Golden Years Center, 726 S. 100 East, from 9 am. to 4 p.m. Appointments are necessary. Interested women should call the center. The clinic will include a Pap test; pelvic and breast examination; blood pressure check; health education information on risk factors, signs and symptoms of cancer; referral for appropriate medical follow-up- . Specially trained nurses perform the examinations. All sexually active women or those who are older than 20 years and have not had a Pap test in the last year are encouraged to attend. A minimal fee based on family income will be charged. The program is sponsored by the Utah Department of Health. Cancer Control and Screening Program, and the Utah Division of the American Cancer Society. 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