HomeMy WebLinkAboutMN-CABLECOMM-1990-10-09 City of Ithaca Cable Commission
Minutes of October 9th, 1990
Present: Chris Heegard,Peter Hess,Tom Terrizzi
1. Chairperson's report
A.Organizational support from the City
Tom Terrizzi met with Mayor Nichols regarding organizational support for the Commission.
The Mayor stated that he wants to provide the Cable Commission with the support it needs to
be effective.
The following commitments were made toward improving organizational support:
-The City Attorney's office will be available to do typing and copying for the Commission.
-Telephones in the City Attorney's office will be available for Commission business.
-The City will purchase background material that might be useful to the Commission,for
example:
A copy of the State Cable Regulations
Industry publications
Publications of the NFLCP
-The City Clerk's office will continue to distribute the Agenda and Minutes.
B. Commission Records. Tom will make an effort to review and organize the files of the
Commission which are currently not well organized.
C. Nominations of new Commission members. Two new Commission members are to be
nominated by the Mayor. He is close to making those nominations.
2. Public comment.
There was no public comment.
3. ACC Manager' Report (attached)
A.ACC personnel will meet with Robert Fletcher(on 10/10)and WVIA engineering staff(on
10/17)regarding the technical feasibility of resuming carriage of WVIA on the system.
B.Pursuing the question of the recent raise in installation rates,Chris Heegard asked ACC
manager Barbara Lukens whether she had information,requested at the last meeting,about
what ACC paid its contractors who did installations. Barbara said that she had that information
but would not provide it to the commission,except to say that it was less than the$40.00 the
company charges customers for installations. She said that these installations have associated
costs additional to what the contractor is paid,such as supervision,checking,and billing.
Tom said that he was bothered by what seemed like an explicit misrepresentation contained in
the letter that informed us of the increase. The letter stated that the new rate did not fully cover
installation cost.
C. Government and Educational Access Channels
Tom noted that state regulations required cable operators to provide channels for government
and educational access. He asked Barbara why it was not,then, ACC's responsibility to
assume the costs involved in establishing those channels. Barbara replied that her opinion is
that it is ACC's obligation to provide bandwidth for the required channels,but not equipment.
The City Attorney will be asked to follow up.
4. Community Access Advisory Board report (attached)
5. Old business
A.Installation charge increases-Discussed during Manager's report.
B.WVIA-Discussed during Manager's report.
C.Political endorsements on access
In a phone conversation with Tom,Steve Shaye of the New York State Cable Commission said
that John Grow,counsel for the State Commission,sent a letter to the City Commission about
the NYSCC's policy on political endorsements. In the letter Mr.Grow states that NYSCC
rules do not prohibit the use of access by candidates for political office or the endorsement of
candidates. While the regulations do not speak directly to political fund raising,the opinion of
Mr.Grow is that this is similar to commercial speech and therefore prohibited.The ICC does
not have this letter on record, so a second copy is being sent to us.
Tom asked Barbara if ACC would be willing to abide by the opinion expressed in the letter
from NYSCC,once a copy is in hand,without amendment to the franchise. Barbara said that
ACC would change their policy to conform with the letter,which could be attached to the
franchise or to the minutes of a Cable Commission meeting.
D.Federal legislation update
The federal legislation pertaining to re-regulation of the cable industry has died in the Senate.
Tom said that Steve Shea told him that the NYSCC did not support the legislation because its
consumer protection provisions were not as strong as the State's are.
Barbara noted that one of the objections consumer advocates had to the legislation was that
basic service would be limited to off-air programming and access. Cable only services(such
as ESPN,CSPAN) would not be carried on the basic tier.
6. New Business
A.Tom said that Steve Shaye was willing to come to Ithaca to talk to the commission about the
operations of the State Cable Commission. Tom will try to schedule a visit after the vacancies
on the commission are filled
B.No complaints were received by the commission this month.
The meeting adjourned at 8:45 PM
Minutes submitted by Peter Hess
Qrct, ue-
11/13/94
Report to Ithaca Cable Commission on Access Advisory Board Meetings of
11/5 & 11/ 12
1. Discussion of CAAB communications with ACC management.
The issue of whether the communications channels that exist between the
board and ACC were sufficient for us to carry out our advisory role was
raised. It was noted that at last months' meeting, with Barbara Lukens
present, issues were clarified which the board had struggled with for
months, without adequate information. It was also noted that written
requests to ACC management were not always answered to our
satisfaction.
The discussion culminated in the following resolution:
Whereas there have been difficulties in receiving precise
information in a timely manner and whereas the CAAB
requires such information to adequately advise both ACC
and the Cable Commission, be it resolved that the CRAB
requests that the Cable commission support the
establishment of a CAAB liaison committee who will meet
with the General Manager of ACC as needed. This will be
in addition to the agreed upon biannual meetings between
the full board and the general manager.
2.The AAB requests that the Cable Commission provide expiration dates for the terms
of all AAB members.
3. Jim Blizzard was present at the meeting. Jim is a candidate for the ACC
representative to the board. The City is reminded that it is responsible for filling a
vacant position on the board.
4.At it meeting on 11112 approved equipment recommendations for expenditures of
the 1990 Access Capital Budget. Priorities were as follows:
1.(2) Off site production systems $29,700
2. Post production(editing)facility $10,800
3.Misc. items $ 1,340
5.John Efroymson announce his intention to resign from the AAB as of 12131. He
suggested his successor at Media Ithaca, Susan �i,as a possible
replacement. E►�J� ,. ,
-Submitted bq Peter Hess _ _
vw
THEODORE E. MULFORD
± ' -IN 04,e. NEW YORK STATE CONLMISSION
ON CABLE TELEVISION BARBARA T. ROCHMAN
\� CORNING TOWER BLDG.. EMPIRE STATE PLAZA Comm-looney
ALBANY. NEW YORK 12223 JOHN A. PASSIDOMO
n 1 (518) 474-4992 Cc�nw,issiwirr
(51$) 486-5727 FAX MICHAEL E. RUSSELL
sConvn,ss,onrr
OW •Ot EDWARD P. KEARSE
Errrvvwr Armor
WILLIAM B. FINNERAN —Cha,rwa n
October 12, 1990
Barbara Lukens, General Manager
American Community Cablevision
519 West State St.
Ithaca, NY 14850
Dear Barbara:
This is in reply to your letter of August 16, 1990 concerning the use of
a public access channel by or for political candidates.
In your letter you quoted from the existing franchise agreement between
ACC and the City of Ithaca as follows: "A designated channel shall not be used for the
promotion or sale of commercial products or services, including advertising by or on
behalf of candidates for public office." (Section 14.3(D)) In fact, such language was
part of Commission rules at one time. However, an entire new set of rules concerning
public, educational and governmental access was adopted by the Commission in Docket
No. 90174-A-2 in August, 1988.
In the Commission Order Approving Renewal of the ACC-City of Ithaca
franchise agreement in Docket No. 30194 (adopted February 1, 1989), the Commission
referred to Section 14.3(D) of the franchise and stated that: "Commission rules do not
preclude the use of access channels by candidates for public office." This statement was
consistent with the lack of any provision in the new rules which precludes use of access
channels by candidates and also was consistent with statements made by the Commission
in its Summary of Comments and Opinion issued in Docket No. 90174-A-2 in
conjunction with the new minimum PEG access standards. In the Summary of
Comments and Opinion, the Commission noted that under FCC regulations applicable
to public access channels in the 1970's use by candidates for public office was restricted
and stated that "[i]t is not clear to us at this time that such a restriction is appropriate."
The Commission went on to state that:
"One of the fundamental objectives of cable television
access is to contribute to the diversity of information
and information sources available to the public and to
stimulate public debate by providing a forum therefor.
The ability of candidates to speak to the electorate and
of the electorate to hear and examine the views of
-2-
candidates is central to and consistent with such
objective." (p. 23)
In short, the new rules supersede Section 14.3(D) of the City of Ithaca
franchise agreement.
In addition, it is doubtful that a lawful basis exists for denying use of
public access channel capacity to political candidates. Section 611(e) of the Cable
Communications Policy Act of 1984 provides that "a cable operator shall not exercise
any editorial control over any public use of channel capacity. . .pursuant to this section."
Section 829 of the New York State Executive Law provides that the Commission "may
not prohibit or limit any program or any class or type of program or otherwise censor
the communications of signals transmitted by any cable TV company or over any cable
TV system. . . ." Section 829(2) provides that "[n]o municipality may prohibit or limit
any program or class or type of program. . ." as well. Under both federal and state law,
a cable television company is immune from liability arising from programming carried
on a public access channel.
It is my understanding from reading Section XIV of the franchise that,
at least for now, ACC has accepted responsibility for administering the public access
channels under the guidance of the Public Access Advisory Board. I am aware that both
Section 315 of the Communications Act and Section 76.205 of FCC rules impose
requirements on cable operators concerning origination cablecasts by candidates for
public office and I can appreciate any concern that you may have that your role as
administrator of public access channels not be confused with your rights and
responsibilities in respect to local origination. (Of course, ACC may make time
available, either free or for a charge, to candidates on a local origination basis
as distinct from public access use.) Although I am not aware of any ruling that subjects
PEG access channels to the federal equal opportunities' provisions, you may choose to
be especially careful to distinguish public access from local origination whenever
programming involves use by, or for, a political candidate.
Finally, I note that I was asked by the Chair of the Ithaca public access
advisory board some time ago to clarify the effect of the Commission's Order Approving
Renewal. A copy of my letter which summarizes responses given verbally is enclosed.
I would also add here that use by, for or about legally qualified candidates would be
subject to the same reasonable procedures concerning scheduling, studio availability,
reruns, etc. that apply to other uses of public access.
Very trul ours,
G
ohn L. 'Grow
Counsel
JLG:tac
enclosure
cc: Bill Demo, Chair - Ithaca Cable Commission
Thomas Terrizzi, Public Access Advisory Board
John Fogarty, Esq., ATC, Stamford, CT
041 "K s►,,t, NEW YORK STATE COMM IISSION T H ODORE E. MULFORD
ON CABLE TELEVISION JARBAUW. ROCHMAN
C.!'V L - Commissioner
CORNING TOWER BLDG., EMPIRE STATE PLAZA JOHN A. PASSIDOMO
ALBANY, NEW YORK 12223 Commissioner
o .o (518)474-4992
�4 ��� (518)486-5727 FAX MICHAEL E. RUSSELL
Commissioner
ssi
°N op-4:
" O1``E EDWARD P. KEARSE
WILLIAM B. FINNERAN-Chairman Executive Director
October 16, 1990
Honorable John C. Gutenberger
Mayor
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
Case # 9010073
Dear Mayor Gutenberger:
You will find enclosed a copy of correspondence we received from a
resident of your municipality. We received it and forwarded a copy to
American Community Cablevision asking for a reply within ten days.
This correspondence is for your information since this company
operates within your jurisdiction.
If we can be of further assistance to you, please do not hesitate to
contact us at 518-474-2212. Should other residents of your area be
experiencing cable television related problems, please give them our
toll-free number 1-800-342-3330 for assistance.
S.'nce rely, _
Carol Jamison
Municipal Consultant
CJ:omc
, - le/134 73 6-5
of THE sr I
�1
t�' r• rt� /
/'� NEW•XO RK3ASTATE G.�
MNRTH YEAR sE 5 �9 ' y .-�A-„ COM „G i ITCABLE TELEVISION
HAVE YOU CONTACTED YOUR CABLE COMPANY? SO S`P I Fri 2: 1
PLEASE DO SO BEFORE YOU RETURN THIS FORM.
/
I SUBSCRIBER
YOUR NAME &f,,,eel-44.c./d2
LAST NAME FIRST NAME MIDDLE INITIAL
YOUR HOME ADDRESS /00 4' L/-- U/eze J
NO. & STREET
(CITY, VILLAGE (Circle one) COUNTY STATE ZIP CODE
YOUR TELEPHONE NUMBER (6C-3 Z 73 - S SS-8
(DAYTIME)
ACCOUNT NUMBER (if known) G K-E.S - O02-4/.S.S-O/--
I
CABLE COMPANY I
DATE YOU FIRST CONTACTED THE CABLE COMPANY a,1 _____3d t G g U
A-ime,e_tc,A/J Ce/NAA4A(I 1 C4./s(eT )t S t a
NAME OF COMPANY 1
O. tau zECo
STREET
7-� }J6/, /47 - szC7
CITY STATE ZIP
r'
NATURE OF COMPLAINT (Please check)
BILLING _CABLE INSTALLATION SERVICE PROBLEM
PROGRAMMING PROPERTY DAMAGE RATE INCREASE
OTHER
DESCRIPTION OF COMPLAINT: 7/74- //2 4 ( O Z,Gi-
7V � .
_. I • G nrw Ad f
- i At 4 r C rii7 f -4 e C 5' �L.!//cE •
What form of relief are you seeking? (For example: new converter boa,correction in bill, service,etc.)
Have you contacted this Commission before? If so: When
Telephone Case number
Written Case number
PLEASE READ THE FOLLOWING BEFORE RETURNING THIS FORM:
PLEASE ATTACH TO THIS FORM PHOTOCOPIES of any bills, cancelled checks, correspondence,work orders, contracts,
warranties or other papers relating to your complaint.
DO NOT SEND ORIGINALS !!!
.ant LDLYf'�/Lta`L �
l i'S-%2 DATE/ // /Gll4
NOTE: A PREADDRESSED RETURN ENVELOPE IS ENCLOSED Fn?YOUR CONVENIENCE.
NEW YORK STATE
COMMISSION ON CABLE TELEVISION
EMPIRE STATE PLAZA
CORNING TOWER BLDG. - 21st FLOOR
ALBANY, NY 12223
1-800-342-3330
. Acc
AMERICAN COMMUNITY CABLEVISION
October 25, 1990
Mrs. Eleanor Beck
100 Fall View Terrace
Ithaca, NY 14850
Dear Mrs. Beck,
I have been forwarded a copy of your complaint to the New York
State Commission on Cable Television, and would like to clarify
the situation. ACC has increased the charge for
connection/activation/installation of new customers to $40. Our
reconnection fee for seasonal customers or for customers
transferring within our service area is $20.00 ($21.40 with tax).
I apologize for any misunderstanding we may have caused you.
Apprising ACC in advance of dates you will be leaving or
returning will allow us to serve you better.
Sincerely,
Barbara L. Lukens, General Manager
cc: Carol Jamison, NYSCCT
Tom Terizzi, Ithaca Cable Commission
BLL/mkk
519 West State Street Ithaca, New York 14850 607-272-3456