Loading...
HomeMy WebLinkAboutMN-CABLECOMM-1992-01-30 4 , 1)-(c-) w t Peter Hess 131 West Haven R. Ithaca, NY 14850 January 30, 1992 Members of the Cable Commission: You'll find in this packet a copy of letter to me from Barbara Lukens and a resolution that I drafted, both of which address the issues of designation of access channels and how transmission equipment for them will be paid for. At the January 28th Cable Access Advisory Board meeting, I advocated a compromise along the lines of what Barbara offered, which would have established limits on the activation of additional access channels in return for an agreement that the money to pay for the transmission equipment would no longer be taken out of the access capital budget. Although I hoped that this would end the wrangling and allow us to get on with other business, it proved not to be a popular compromise. After listening to the comments of Board members and reviewing the documents, I now believe that language of the franchise and the intentions of its authors are so clear that there is no need to negotiate away our right to activate any of the nine guaranteed access channels, and that to do so would be a abrogation of our responsibility to uphold the franchise. The enclosed resolution is the response I believe we need to make to ACC's proposals. I hope that its passage will persuade ACC to accept our interpretation of the franchise. If it does not, the only course I see is to make a complaint to the State Cable Commission and pursue it through legal channels. Reg s, Peter Hess cc: Charles Guttman, City Attorney Proposed resolution of the Ithaca Cable Commission The cable franchise adopted by the City Council of Ithaca on June 8th 1988, submitted to the NYSCC on December 20th 1988 and approved by NYSCC on September 12, 1989 contains the following language: 14.1 A. (1) Nine downstream channels shall be designated for public, governmental, and educational access. The access channels shall be available for use by New York State, local governments, educational institutions, or members of the public for education and public service programming, municipal services and local expression. The City and ACC have been arguing over whether the word designate means "to set aside space in the spectrum" (ACC) or "activate a channel for transmission" (the City). The following language is found in the NYSCC rules "setting minimum standards for the designation and use of channel capacity for public access". Notice of these rules was released on February 24, 1988, and they became effective on September 8, 1988: 595.4 (b) (7) The designation of PEG access facilities shall include the provision by the cable franchisee of the technical ability to playback prerecorded programming and to transmit programming information consistent with the designated use of PEG channels. We have every reason to believe that the drafters of our franchise were familiar with the proposed access rules and the way they construed designation of channels. We must assume that it was the understanding of the signers of the franchise, including ACC, that the franchise required ACC to provide nine activated access channels. After a careful review of the documents pertaining to this matter, it is our opinion that there is no ambiguity in the franchise; that it is incumbent upon ACC provide nine activated access channels as part of its franchise obligations. Therefore, we resolve that the money taken from the access capital budget to activate access channels should be rebated forthwith. Further we resolve, consistent with our prerogatives and our understanding of the needs of the community, that the activation of a second public access channel take place at the earliest reasonable time. O3II ,. AUG AMERICAN COMMUNITY CABLEVISION December 20, 1991 Mr. Peter Hess, Chairman Access Advisory Board City Hall, 108 E. Green Street Ithaca, NY 14850 Dear Peter: I just watched the tape of your meeting with the Charter and Ordinance Committee, and I'm concerned about the impression that was left with them that access negotiations have been held up by ACC. If my memory serves me, we left the June meeting with 2 expectations: one, that we needed to write a letter to the City stating what equipment was required for transmission of a video channel and 2) that the City would make a recommendation on the point at which additional channels should be activated based on the use of and/or actual cablecasting needs of the community. ACC wrote to the City, however the City has not yet made its recommendation to ACC. In the more recent meeting, which took place without our respective attorneys, you and Tom wanted to agree on what equipment ACC should buy in addition to the equipment purchased with the 2% of revenues dedicated to the purchase of access equipment under the terms of the franchise, but did not want to address the issue of when additional PEG access channels would be activated. I believe you know that my reluctance to add access channels is that I do not believe it is in the interest of customers to have channels which have inadequate programming or no programming content. Channel 13 is programmed less than 50% of the time with original programming. It is not the best use of anyone's money to activate more channels which will not be programmed simply to be able to say they have been activated. In response to your most recent letter, ACC will agree to the following if and only if we can reach agreement on 1) at what point it is appropriate to add a channel or channels and 2) at what point I-Net sites become activated. ▪ ACC will pay for a modulator for the activation of an access channel along with racks, 1 "v-a pkg" (video and audio amps) and 1 SVHS playback VTR. This will be paid for out of monies other than the 2% fund. • Because ACC has a requirement to provide off-site local 519 West State Street Ithaca, New York 14850 607-272-3456 1 • Oil I E 330 origination_ from -the—following list of places, and also because . these- sites are on the I-Net, ACC will provide a modulator and a demodulator for each site as it is needed. L/O sites as designated in the franchise agreement • City Hall • Cornell • Ithaca College Tompkins County Library • GIAC ▪ Ithaca Youth Bureau • The Alternative School • Boynton Junior High School • Ithaca High School There is no requirement for ACC to route programming from one source to a choice of several outputs. Therefore, since the CAAB and Ithaca Cable Commission desire this routing option, equipment needed to accommodate the request will be paid for out of the 2% money. 044 ACC provides weekly routine equipment maintenance and replaces minor individual parts as needed out of repair and maintenance monies. Major equipment refurbishment which requires dismantling of equipment and major parts replacements are paid for out of the 2% fund. The reason for this is that such major refurbishment do extend the life of a piece of equipment and are less costly than equipment replacement. In this way we are able to buy more new equipment each year with the 2% funds. ACC stands on its original proposal which was made at the June 12th meeting regarding the addition of PEG access channels. That position is that existing channels must be utilized 75% of the time with original (defined as first play) programming before an additional PEG access channel would be added. I hope this is acceptable to you. Sincerely, Barbara L. Luk ns, (41 ) General Manager cc: Lauren Stefanelli BLL/mkk