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HomeMy WebLinkAboutMN-CABLECOMM-1989-03-09 PUBLIC ACCESS ADVISORY BOARD Minutes 3/9/89 Present: Annie Ball, Mary Jo Dudley, John Efroymson, Richard Herskowitz, Louis Metzgar, Lauren Stefanelli, Julie Fox (non- member) Secretary: Richard Herskowitz Summary: Most of the meeting was spent defining the issues that the Access Board should address. I Opening Questions HOW SHOULD WE RUN OUR MEETINGS? Hearings, like cable commission? WHAT IS OUR RELATIONSHIP TO ACC, ACCESS STAFF AND CABLE COMMISSION? Advisory Board? Board of Directors? or do we just advise cable commission? Mary Jo suggested that our minutes be submitted to the cable commission and therefore added to the public record. (Richard will distribute access provisions at next meeting) WHAT IS OUR CHARGE? Some felt we should define it ourselves, produce a statement of understanding, and submit that to the cable commission and ACC for their agreement. (For the next meeting, members will bring specific ideas for this statement ) II Hiring a 3d Access Person Board members agreed that we should participate in -formulating the job description -joining a search committee -evaluation of staff Richard said that he feels Access needs an outreach person mobilizing interest and participation in the community, and helping to publicize Access activities. (Lauren said that she would bring the existing job descriptions to the next meeting ) III Advice from NFLCP The board will look into the possibility of getting advice on setting up an Access Board from the National Federation of Local Cable Programmers (NFLCP), or sending members to their annual conference. IV ACC Customer Service and Antipathy to Access Board members discussed the palpable distrust and hostility conveyed by receptionists and technicians and ACC to Access people and others with Access inquiries. This seems to be an after-effect of the franchise lobbying, during which ACC employees felt their company was under excessive attack over Pubic Access. What kind of overtures can we make to remedy this poor communication? V Public Attitudes Towards Access Resentment towards access for increasing cable fees. Stereotypes about poorly-produced television. Lack of information, even about programs on the air. What can the Board do to improve this situation? VI Local Origination beyond Access The question was raised whether the Access Board would get involved in the promotion and development of I-Net and Local • Origination channels. VII Should Access Board Meetings be Cablecast? Members agreed that the meetings would be boring and awkward to televise, but that we should develop programs in which we and others discuss current cable issues. (Questions for Ralph Nash--are all meetings subject to Open Meetings Law? Is there a specific charge to this board? ) VIII Meeting Times and Procedures First Mondays Next meeting: April 3, 7:00p. m. , Tompkins County Public Library. Mary Jo Dudley was voted "Vice-Chair". The secretarial responsibilities will rotate in alphabetical order among board members. IX The Absent Studio and Other Violations The board unanimously endorsed the Cable Commission's pressing forward with the violation charge against ACC, since there has not been an access studio since December. Board members also felt that ACC does not have an extension on hiring the third Access person till June 1. (Question for Ralph Nash : Does the franchise specify $75 per day per violation, or $75 per day for all violations? ) Board members agreed that the charging of a second violation could be avoided if ACC agreed that we will be partners with them in developing job descriptions; that we can participate in some manner in the interviewing process, and advise ACC on the hiring; and develop with ACC and their staff a mechanism for participating in the review/evaluation of staff. Since Public Access is a public part of ACC, and we are their representatives, this should be feasible (check with Nash on this point as well) . ■ CITY OF ITHACA CABLE COMMISSION Minutes -- March 14, 1989 Present : William Demo, Richard Herskowitz, Janice Streb, Tom Terrizzi . David Lytel as Common Council liaison. Absent: Chris Heegard 1 . The meeting was called to order at 7 :35 pm. 2 . The Minutes of the February 14 meeting were approved. 3 . Chair 's Report: Chairperson Janice Streb related a complaint received from George Alexander, 104 Ridgedale Avenue, who reported experiencing recurring interference on Channel 19 . Mike Withiam, ACC General Manager, responded that this was an ongoing problem involving police radio frequencies . He stated that ACC would check to see if there is leakage in any of the lines in the area of Mr . Alexander 's residence and report back to the Commission. Chairperson Streb outlined the contents of a letter received from Sean Killeen of Common Council regarding additional means of qualifying senior citizens for the needs-based discount. These included eligibility for HEAP assistance, Social Security SSI, and Medicaid. Mike Withiam indicated that ACC would need only a list or other documentation to qualify subscribers for the discount . Chairperson Streb agreed to gather more information on other qualifying means and report back to the Commission. Chairperson Streb provided a brief update on the complaint lodged by Alan Cohen of 310 Utica St . and then turned the floor over to Mr . Cohen who addressed the Commission about the status of his complaint . He has been seeking some form of relief from the noise emanating from a pole-mounted ACC power supply box located 27 ft. from his bedroom window. He summarized his previous exchanges with Mr . Withiam and City Attorney Nash. Mr . Cohen was concerned about whether the noise from the box violates the City noise ordinance which sets a ceiling of 55 decibels. Whether or not the noise ordinance would apply, he would like to have the box relocated, possibly to a corner location. In responding to Mr . Cohen's complaint, Mike Withiam cited the difficulty of moving the box given the overall design and power supply needs of the system rebuild in that area. While he feels that re-situating the box on an adjacent pole would still place it too close to other houses, he would look into the feasibility of corner pole placement. Chairperson Streb volunteered to contact the City Engineer for assistance, and Mr. Withiam said he would report back on efforts to solve the problem at the next Commission meeting and would send Chairperson Streb the specifications of the box in the meantime . 1 4 . Public Comment: None during the Public Comment Session. 5. Report from American Community Cablevision: Mike Withiam reported on the progress of the system rebuild. He expects completion by mid to late May and said that the I-NET was in the design phase . He related ACC's intent to provide subscribers with' information on ownership of converters, remote controllers, and internal wiring by mid-May. Mr . Withiam reported a problem that had been discovered with the billing system affecting senior citizen discounts . He will be sending a letter to qualified subscribers explaining the problem and providing retroactive crediting of discounts to February, 1988 . Regarding the Access Advisory Board, ACC's appointees are Rick Lawrence and Carl Frederick as announced by Mr . Withiam. 6 . Access Advisory Board: Commissioner Herskowitz reported on the first meeting of the Access Advisory Board held on March 9 and also distributed minutes of the meeting. In the only formal action taken at that meeting, the Board voted unanimously to support the Commission in moving forward with the finding of the violation of the franchise agreement . Another issue arising at the Access Advisory Board meeting concerned the hiring of the third access staffer which was to have been carried-out by March 1 . ACC' s position, as outlined by Mr . Withiam, is that the hiring of the third access staffer is-- along with other Franchise Provisions said to be related to system rebuild--deferred until June 1, as provided for in the October 5, 1988 Common Council Resolution. Rather than pursue a possible violation against ACC, the Access Advisory Board would like to work out a process which would involve it in the filling of the third access position. Mr . Withiam outlined ACC's considerations in filling the position and expressed a willingness in providing an advisory role for the Board or a possible subcommittee . Commissioner Herskowitz responded that a subcommittee of the Board would be formed for the purpose of meeting with Mr . Withiam to discuss its interests and help to review the applicants . Mr . Withiam agreed to bring ACC's list of considerations to the April 3 Access Advisory Board meeting and to participate in a subsequent meeting of the subcommittee. John Efroymson asked about Access Advisory Board input on the performance of ACC's access employees . Mr . Withiam responded that personnel performance information is not for public discussion and that the focus of such concerns should be on how well a function is being carried-out rather than on how well an individual is performing his/her job. Mr . Efroymson questioned whether current access staff are full-time as required by the franchise agreement . Mr . 2 Withiam reported that one is full-time, a second works 35 hours, and a third works 10 hours, netting a full-time equivalency of two staffers . Mr . Efroymson expressed concern about potential conflicts arising from this arrangement and suggested that the Access Advisory Board monitor the staffing situation. Commissioner Terrizzi inquired about the 2% of Gross City Revenue to be used for PEG access equipment replacements and additions. Mr . Withiam responded that a decision on equipment purchases would need to be delayed until September-October in order to ascertain how much of the 2% is needed during the year for maintenance . He stated that the Access Advisory Board input would be sought in this process. 7 . Public Access Studio: Mr. Withiam reported that the access studio problem had been partially addressed by moving some equipment into a make-shift control room. There was general agreement that the studio condition was somewhat improved, but producers were still finding it difficult to put programs together . Mr . Withiam cited the non-specific nature of the Commission's resolution which found ACC in violation of the franchise provisions on the access studio. He emphasized that the new access studio would be operational by the end of April . In light of the fact that ACC's deadline for responding formally to the resolution was 10 days away, the Commission delayed further consideration until Commissioners Herskowitz and Terrizzi had the opportunity to consult with City Attorney Ralph Nash. After reviewing the Commission's options, they would report back at the next Commission meeting. 8 . Converter Box and Remote Control Ownership: In response to a question from Commissioner Demo, Mr . Withiam reported that ACC would fully meet the franchise provisions 16 . 15, 16 . 16, and 16 .17 related to converter box, home wiring, and remote control ownership options by June 1, 1989 . 9 . Common Council Resolution: Common Council member David Lytel asked that the Commission consider adopting a resolution drafted by Ben Nichols that proposes Congressional action on re-regulation of cable rates and services by municipalities . Commission approved the resolution by a vote of 3 For, 0 Opposed, 1 Abstention. The next meeting was set for Tuesday, April 11. The meeting was adjourned at 9 : 50 pm. (Minutes recorded by Bill Demo) 3 By Alderperson Nichols: Seconded by Alderperson Killeen WHEREAS, the Cable Deregulation Act of 1984 removed (with limited exceptions) the rights of municipalities to regulate the rates and services of cable companies, and WHEREAS, cable companies are attempting to subvert even the limited exceptions provided under the Act, and WHEREAS, the services provided by the cable company is a public convenience and necessity like other utilities, and WHEREAS, once franchised most cable companies are effectively monopolies, operating without effective competition, and WHEREAS, municipalities have historically held the right to regulate and oversee the rates and services of public utility monopolies; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca, New York urges Congressional action to restore the right of a municipality to regulate the rates and services of a cable system where such a system exists without 25% penetration by another cable company or alternative technologies, and be it further RESOLVED, That copies of this resolution be transmitted to Representative McHugh and Senators D'Amato and Moynihan. Ayes (9) - Schlather, Killeen, Johnson, Booth, Lytel, Cummings, Peterson, Hoffman, Nichols Abstention (1) - Romanowski (conflict of interest) Carried CORRECTION in 5th WHEREAS: Municipalities changed to "Public Service Commission"