PATH - Promotions Link Inc. Proposal for

Public Access Terminal System

The Economic Development Committee recommends the adoption of the following report (September 3, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

This report comments on a request for permission to use the PATH official marks for a Public Access Terminal System which has been received, and recommends that the proposal be endorsed and permission provided.

Funding Sources, Financial Implications and Impact Statement:

No funding is required and there are no financial implications for the Corporation of the City of Toronto.

Recommendations:

It is recommended that:

(1)the City of Toronto endorse the proposal by Promotions Link Inc. to introduce a Public Access Terminal System in the PATH walkway system, and provide Promotions Link Inc. with exclusive rights to use the name "PATH" and associated Official Marks for the purposes of a Public Access Terminal System for an interim period of three years;

(2)the City of Toronto approve in principle the installation of prototype Public Access Terminals in City and/or Metro Hall at no cost to the City, and authorize staff to work with Promotions Link Inc. to identify appropriate locations and make the necessary arrangements;

(3)Promotions Link Inc. also be given permission to use the PATH Official Marks on marketing and promotional material and on merchandise;

(4)in the event that no terminals have been installed anywhere in the walkway system and the system is not functional by the end of a twelve month period, that the Commissioner of Economic Development, Culture and Tourism be authorized to evaluate the progress and feasibility of the project and report to Council on the continued appropriateness of providing Promotions Link Inc. with exclusivity to the use of the Official Marks for the purposes of a Public Access Terminal System; and

(5)the appropriate officials be authorized and directed to undertake the necessary action to give effect thereto.

Background:

The PATH walkway system is a ten kilometer network of shopping malls and walkways that runs under downtown Toronto linking most of the major office towers, hotels and attractions in the Financial Core with public transit terminals and parking garages. It is the largest interconnected indoor walkway system in North America, and gives our downtown a unique level of accessibility and competitive advantage. This, however, is a relatively unknown fact.

Each segment of the walkway system is owned and controlled by the owner of the property through which it runs. About thirty five different corporations are involved, and there is no single agency responsible for promoting or managing the system as an integral unit. Although there would be significant public and economic development benefit to co-ordinated management, to date the property owners have shown no interest in participating in such an organization.

In the absence of an organization representing the walkway system as a whole, the City of Toronto undertook to co-ordinate and facilitate the introduction of coherent directional signage, maps and identity markers throughout the system (the PATH wayfinding program). The owners paid for the sign elements installed on their property. The City retained the services of a full time co-ordinator and design team to negotiate the sign locations and secure each owner's agreement. Legal agreements between the City and each owner committing all parties to maintain and update the signage system in the future are registered on title.

The City registered the PATH name and logo as official marks pursuant to Section 9 of the Trade Marks Act. Council's existing policy is that all publishers be permitted to use the logo at no expense and that no monopoly be given to any one company (Clause 148 of Report No. 24 of the Executive Committee, adopted by Council on October 7 and 8, 1991). Requests to use the marks for other purposes have been considered and reported to Council on an individual basis.

Comments:

I have received a proposal from Promotions Link Inc. to introduce a Public Access Terminal System into the walkway system. Each terminal would be an interactive information station providing free information about how to reach specific individual or types of businesses, transit stations, streets, buildings, etc. It also would access a broader information base including tourist oriented information about the city -- for example, events and entertainment listings, hotel locations, transportation information, etc. The system would be funded through fees paid by businesses included in the business directory, by on line and display advertising and by sponsoring developers and host establishments.

The installation of such a system would greatly improve the public's ability to use the walkway system and its many businesses, stores, restaurants and attractions. It would be a more detailed adjunct to the PATH signage system which was designed to provide basic directional information quickly to moving pedestrians. It is recommended that the City fully support Promotions Link Inc. in this initiative and provide:

(a)The requested permission to use the official marks associated with PATH. Because of the significant expense and time that will be involved in developing the public access terminal system, Promotions Link Inc. has requested exclusivity in this permission for a period of three years. This request is considered reasonable provided that there is an ability to review the exclusivity clause after one year in the event that the project is not proceeding.

The requested exclusivity does not constrain Council's current policy that all publishers be permitted to use the PATH logo at no expense in printed material promoting the walkway system.

(b)Permission to use the PATH official marks on marketing and promotional material and on merchandise.

(c)Permission to install prototype Public Access Terminals in City Hall and/or Metro Hall locations at no cost to the City. It is recommended that the appropriate staff be authorized to work with Promotions Link Inc. to identify appropriate locations and make the necessary arrangements.

(d)Assistance from staff to provide access to information contained in our files about the walkway system, property owner contacts and experiences in implementing the PATH signage program.

Issues and Concerns:

The staff of City Legal have raised a concern related to the endorsement of the attached proposal without conduct of some type of competition. They suggest that this might constitute the provision of a bonus to Promotions Link Inc. under Section 111 of the Municipal Act. Our experience has shown that there is very little interest in this type of commercial venture. There have only been three enquiries and no initiatives have emerged into the market place.

It is the view of the office of Economic Development that the attached proposal, if implemented, will be of enormous benefit to the City, the Path System users and Path System businesses. We believe that Promotions Link Inc. can deliver on its proposal where others either could not or would not. We would argue that bonusing, in this case, can only be an issue where there is more than one able and willing business proponent. Five years of operation have shown that there are none. We recommend the one year review as a way to both evaluate the progress of this proposal and to monitor other demands. We acknowledge, therefore, the concern raised by City Legal but recommend the support of this venture.

Conclusions:

It is concluded that the introduction of a Public Access Terminal System into the PATH walkway system would be an asset to the City. Such an addition will augment the strategy and plans by Economic Development to maintain and promote the system and further involve the property owners.

Contact Name:

Judy Morgan; phone number 392-1003; fax number 392-0675; E-mail address jmorgan1@city.toronto.on.ca or Brenda Librecz, Managing Director, Economic Development.

(Submission from Promotions Link Inc.,

titled "Proposal - Path Walkway Program)

Proposal - Path Walkway Program

Objective:

To gain early approval from the City of Toronto for the introduction of a Public Access Terminal System to aid tourists and occasional users with directional support in Toronto's PATH System.

Our project is motivated y the following Guiding Principles:

• Information is the primary product.

• Individual listings of large and small businesses including retail and hospitality sector enterprises are a primary feature.

• Internet Active - Reachable on website anywhere in the world.

• Inter-active and user friendly.

Public Access Terminal - What is it?

The Public Access Terminal is an information delivery system that utilizes the most current computer technology, packaged in a user-friendly format and situated for maximum pedestrian exposure.

Public Access Terminals - How do they work?

Lost or looking for something to do? Simply approach the Public Access Terminal, touch the screen, select an attraction, restaurant, business or retail establishment of your choice and push a button to get personalized directions. The Public Access Terminal also utilizes its link to the Internet to connect with a vast array of information that can be targeted to support the needs of the consumer, the City of Toronto, developers and landlords and advertisers.

Public Access Terminal - Who plays?

A vast array of information means a wide range of users. Available technology will assist all PATH users. The regular PATH pedestrian, the occasional user and tourists will all benefit from the information services offered by the Public Access Terminals.

Public Access Terminals - Who pays?

Public Access Terminals will be funded through fees paid by revenues produced from inclusion in the business directory, on line and display advertising and by sponsoring developers and host establishments. Users don't pay.

Public Access Terminals - Technology Overview

Public Access Terminals are an Internet based (World Wide Web) series of networked terminals strategically located throughout the downtown PATH system and related downtown hotels, tourist destinations and convention/trade show venues.

Public Access Terminals provide touch-screen access to a host of web-based information including:

• Information on events and entertainment in the city
• Businesses in the downtown core
• Professional services in the downtown core
• Restaurants and tourist establishments in the downtown core
• Retail establishments in the downtown core

Other options to be implemented in the near future:

Live "On-Line" Help:

An optional video-conferencing module will allow users to automatically (either by choice or after a period of indecision) to be linked to a live call centre where a friendly services support representative will provide help in using the Public Access Terminal.

Instant Printing:

A built-in printer is capable of instantly printing directional maps that will promote the amenities of Toronto's Downtown to tourists and occasional visitors from the Region.

Public Access Terminals - When can the system be introduced?

Public Access Terminal technology is already in existence and databases including business listings are in the public domain and available for the introduction of a Public Access Terminal system within 1 year. Test Terminals in City Facilities could be introduced sooner.

Public Access Terminal System - Marketing Program

The introduction of a Public Access Terminal System to the PATH system will be supported by an extensive campaign that will inform existing PATH users about the Public Access Terminal System and raise awareness about the PATH and the Public Access Terminal System among the general public.

Our Media Plan would include both paid and earned media. Building from a Media Launch that would feature an actual terminal, we plan to post a sophisticated web site that would highlight the features of the Public Access Terminals. Other elements of our proposed Media Plan include display advertising in the PATH System and direct marketing to businesses and their employees located in the City's core.

Inserts and advertising in newspapers within 200-km radius will entice clients to look up our web site.

Public Access Terminals - Next Steps

With a prompt approval from the City of Toronto we will be able to bring all of the parties together and introduce this system. Accordingly we request that an agreement between Promotions Link and The City of Toronto be entered into with the following conditions:

(1)Exclusive access to market Public Access Terminals in Toronto's PATH System for an interim period of 3 years.

(2)That test terminals be located in selected City facilities such as City Hall and Metro Hall as the basis for a successful venture that supports the City's economic goals.

(3)Approval to use the existing licenses to merchandise the PATH name and logo.

(4)That as part of a positive working relationship City Staff offer general assistance to the venture.