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Home My WebLink AboutMN-CABLE-2005-07-19Cable Access Oversight Committee July 19, 2005 Minutes — Approved p.l Members Present: Dan Cogan, Will Burbank, Wies van Leuken, Wayles Browne Time Warner reps present: Lauren Stefanelli, Tom Doheny 1. Approve Minutes Approve minutes from May 18, 2005 meeting. Motion [Wies]; Second [ Wayles]. Approved unanimously. 2. Election of Chair Dan is chairing his last meeting. He spoke to Will, nominated in absentia as the next chair at the last meeting, about whether he would be interested in serving. Will said he would. Nomination of Will as new AOC chair [Wies]; seconded [ Wayles] Approved unanimously. 3. Public Comment No members of the public present. 4. Discussion with Tom Doheny Tom Doheny, General Manager of Time Warner, was invited to discuss user fees and the use of PEGASYS by users from non - participating municipalities. Tom reviewed his position on user fees. His main points were: - Time Warner supports PEGASYS, and while Tom understands the AOC concern about fees discouraging participation at PEGASYS, he feels that fees represent the intent of all parties to the franchise, and will be, in the long run, in the best interest of access. - Under the current franchise, Time Warner pays all PEGASYS operating expenses except for staff, which are to be paid by franchise fee contributions from municipalities. Only residents of such "participating" municipalities [PMs] may use the PEGASYS production center, unless the PMs create a fee for other residents. Time Warner expected that most of the municipalities in Tompkins County would choose to contribute, allowing PEGASYS to maintain its former 3 person staffing level. Instead, only 3 municipalities are contributing, and 1 staff person is left, only partly paid for by franchise contributions. - The franchise intent was that restricting use of PEGASYS to residents of PMs would both match user demand for staff with staffing supply and encourage municipalities that didn't fund PEGASYS to do so. Letting non -PM residents have indefinite free use of PEGASYS thwarts that intent. There is no incentive for other municipalities to join. - Time Warner initially thought that the AOC would be a good place to turn to ask about the fees, as this body is appointed by the participating municipalities [PMs]. Tom and Dan created a compromise that Time Warner could have lived with, but the AOC voted it down. We are now 18 months into the franchise, with no fees enacted. Cable Access Oversight Committee July 19, 2005 Minutes — Draft p.2 - So Time Warner is preparing to follow the franchise, and allow only PM residents to use PEGASYS production facilities until PMs enact fees under which other users may also use it. Tom believes that non -PM residents should pay the equivalent of what their municipality would pay, and will recommend this to the PMs. There was some discussion on this issue. Wies asked about current franchise negotiations with Danby, and whether they were planning to become a PM. Tom said that Danby is not considering becoming a PM — why should they, since their residents can use PEGASYS for free without it? Tom makes a pitch for PEGASYS participation at all negotiating meetings, to no effect. The group then reviewed the 2003 report showing that 35% of PEGASYS users were from non -PM areas [only 3 from Danby], and the fee proposal that Dan and Tom had tentatively agreed upon some months ago [see attachment to the 1/27/05 minutes]. Tom added that playback rights for non -PM residents are not affected. They may continue to submit tapes for channel 13. Wies said that she agreed with the interpretation of the franchise Tom presented. However, she wanted to understand more about the franchise's spirit. Tom said that the law has changed since the last franchise. Courts have ruled that cable companies may now deduct municipal requirements like PEGASYS from franchise fees. During the last 10 -year franchise period, when only the City's agreement had funding for PEGASYS, the other municipalities rode on the City's coattails due to the City franchise's requirement that all County residents can use PEGASYS. The current franchise was meant to make this more equitable. Dan asked Tom to clarify his position about Enfield residents. Tom said that under the previous franchise, use of the access studio was required to be available to all County residents. Enfield is in Tompkins County, and it seemed reasonable, since we were letting them produce programs at PEGASYS, to allow them to cablecast them. But use of the channel is governed by NYS regulations, which say that access channels are required to accept programs from residents within the cable service area only. Enfield is not within Time Warner's service area. Tom has discussed this issue with Carol McTeague of the NYS Public Service Commission. She agrees that Enfield residents have no standing to request time on channel 13 or to use PEGASYS. They are neither within the service area, nor are they any longer covered by the production privileges of the previous franchise. Because we have been allowing a couple Enfield residents to continue using PEGASYS, McTeague advised that we continue doing so for the present, and give notice to them as to when this privilege will end. Cable Access Oversight Committee July 19, 2005 Minutes — Draft p.3 Tom wrapped up by saying that over the 18 months of the new franchise, Time Warner has been patient, fair and informative on the fee issue with the AOC. It is now time that we do what the franchise says. His next move will be to set a date after which access to PEGASYS will be limited to PM residents, and to explain his position directly to the PMs. Dan asked whether Time Warner would be amenable to allowing the AOC to revisit the fee system Tom had previously approved. Tom replied that he thinks they are not substantial enough. Nevertheless, if the AOC had passed them, Time Warner would have accepted them. To pass them now, Tom would agree only if there was a trial period with an evaluation. It could be determined whether the fees raised enough revenue to balance the additional demand of these users. Will told Tom that he is "trying to embrace your goal to make PEGASYS sustainable." This is a reasonable goal, but he doesn't think substantial fees will achieve it. Rather, it will lead to less producers and less programming. Tom said he didn't disagree. But he feels staff is currently stretched thin, and should be concentrating on giving excellent service to producers from PMs, rather than less attentive service due to 1/3 more users from non - paying municipalities. Wies thanked Tom for his clear presentation. Tom expressed appreciation to the AOC for their diligent service with little reward. Dan agreed there had been little reward so far and suggested Time Warner might provide snacks for future meetings. 5. School Capital Requests Review changes to proposal from Ellen Morris - Knower that were requested at last meeting. Adopt policy. The issue of a timetable for school groups to make requests, have them evaluated and receive awards was discussed. Lauren reviewed a previous timeline she had used: fall semester submissions, winter evaluation, confirmation of awards by March and equipment delivery during the summer. Will said that he thought this was OK for start-up projects, but suggested that a 6 -month rather than 1 year process for continuing groups. Wayles suggested 2 approval periods — spring and fall. Lauren confirmed that as long as the timing of capital expenditure was planned this way in advance, that could be done. Dan asked for a volunteer to write up a timeline addition to Ellen's proposal. Will agreed to consult with Dan and Ellen, and then to try to do this. Cable Access Oversight Committee July 19, 2005 Minutes — Draft p.4 6. Report from Studio Manager A 2005 capital plan was presented [attached]. Highlights include an upgrade to one non- linear editing system, upgrading a second computer to add a second non - linear editor, the addition of a digital hard drive and DVD player for playback, replacing the very funky building carpet, adding to our music library, replacing sets, mics and other smaller items. She reviewed it briefly, particularly as it relates to the 10 -year plan, and invited members to attend an equipment demo by a vender on 7/20 at PEGASYS. She also invited members to the PEGASYS picnic, Sunday, August 7, 3pm, Buttermilk Park. 7. Committee Member Issues Wies asked that the issue of outreach be added to a future agenda. 8. Adjourn Upcoming meetings were set for Thursday, September 8 and Tuesday, November 15, both at 5pm at PEGASYS. The meeting was adjourned at 6:30pm. Cable Access Oversight Committee July 19, 2005 Minutes - Draft p.5 Addendum: 2005 Capital Plan draft 2. Editing JVC HR -DVS3 Mini DV /S -VHS VCR Upgrade Adobe Premiere Computer Upgrade Graphics Computer [for both, add Adobe Premiere Pro, DVD Burner, removable HD] 3. Portable 1 B &H $684.95 $684.95 $1,500.00 $1,500.00 Sony ECM -NV1 Mic 1 B &H $199.00 Draft 2005 PEGASYS Capital 7/20/05 Category Item Description Quan Vender Price Total 1. Studio 1 B &H $64.99 $64.99 Flats 6 Adirondack $121.00 $726.00 Folding Tables 2 Adirondack $79.50 $159.00 Music Library Expansion [15 CDs] 1 Fresh $199.00 $199.00 E635A Mics 6 B &H $109.95 $659.70 Sm11 mics 6 B &H $99.95 $599.70 Atlas floor stand MS12CE 4 B &H $29.95 $119.80 XLR 25' cables B &H # 2 univ $599.00 $1,198.00 HOXMXF2425 8 B &H $19.95 $159.60 RK203TC lav clip for sm -11 mic 3 B &H $12.95 $38.85 JVC HR -DVS3 Mini DV /S -VHS VCR 1 B &H $684.95 $684.95 Replace office and studio carpets local $1,500.00 $1,500.00 2. Editing JVC HR -DVS3 Mini DV /S -VHS VCR Upgrade Adobe Premiere Computer Upgrade Graphics Computer [for both, add Adobe Premiere Pro, DVD Burner, removable HD] 3. Portable 1 B &H $684.95 $684.95 $1,500.00 $1,500.00 Sony ECM -NV1 Mic 1 B &H $199.00 $199.00 Century DS- HR65 -37 Wide Converter 1 B &H $209.95 $209.95 Sony ACV -Q50 AC Power Adapter 1 B &H $64.99 $64.99 Sony VCT870RM Tripod 2 B &H $121.99 $243.98 4 -6 pin Firewire cable DACFW6P4P18 1 B &H $11.95 $11.95 4. Playback Leightronix NEXUS Playback Server 1 univ $6,995.00 $6,995.00 Seagate 400 GB Hard Drive 1 univ $599.00 $599.00 Tascam DV -D6500 DVD Player 2 univ $599.00 $1,198.00 Subotal $18,053.42 10% tax & freight $1,805.34 Total $19,858.76