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HomeMy WebLinkAboutMN-CABLECOMM-1992-03-10 City of Ithaca Cable Commission Minutes of March 10, 1992 meeting Present: Cable Commission members:Peter Hess,Jim Ferwerda,Mary Euell(secretary) ACC representative: Barbara Lukens Common Council liason: John Efroymson 1. Meeting called to order. 2. Minutes of the Feb. 11, 1992 meeting approved. 3. Chair's Report: An Educational Access Advisory Board meeting was held. Peter Hess reported that eight people, including representatives from Cornell,Ithaca College,the Ithaca City School system,Groton,and George Junior Republic attended. The meeting focused on information sharing and possible uses for Educational Access. There was discussion of equipment problems and sources. In addition, some concern was expressed about the limit of one representative to the Advisory Board per institution as established by the Educational Access charter. Doubt was expressed that one person could adequately represent the multiple and varied interests of the entire Cornell campus. This issue was not resolved at the meeting. 4. Announcements: Bill McCormick objected to the idea that no broadcast crunch exists at Cable Access at this time. He asserted that at least four channels are needed to allow for repeat broadcasts of Access programs so that such programming has a chance of reaching a substantial audience. He pointed out that this is especially true since Access programs must compete for viewers with mainstream,prime-time TV broadcasting. Bill also raised the question of complete activation of all I-NET locations to provide increased opportunities for off- site production of programming. 5. ACC report: Barbara Lukens reported that a new answering service will be handling customer service calls during off-hours. It will be staffed by operators familiar with Cable operations, who may be able to walk customers through some basic troubleshooting over the phone. Barbara also reported,in response to Bill McCormick's concern about I-NET sites,that all equipment is in place for the I-NET. She stated that Boynton Junior High, City Hall, the Public Library,Cornell University,Ithaca College,and the County Courthouse are now active,and that a line has just been installed at GIAC. Jim Blizzard is contacting I-NET sites to encourage them to request hook-ups. 6. Public Comment: Bill McCormick noted that since only one working switcher is currently available,only one off-site program can be done at a time. He stated that although ACC says all equipment is in place for off-site live production,in fact it seems never to be available. Jim Ferwerda suggested that Cornell groups wishing off- site production facilities to broadcast from Cornell should request such services from Cornell Communications since it is unrealistic to expect Access to provide broadcast potential from an unlimited number of Cornell sites. Bill also urged that the Cable Commission take the initiative to establish policy and set goals for the promotion and growth of Cable Access and that the Commission communicate goals and policies to the CAAB for consideration and recommendations. He raised questions about the City's priorities for the development of Access and about methods for measuring success. John Efroymson stated his belief that instead of assuming such policy and goal-setting responsibilities for Access,the Cable Commission should empower the CAAB to be more active in establishing Access -1- goals and evaluating success. He stated that this is clearly the function of the Access Advisory Board and should not be usurped by ICC. John also proposed that the ICC encourage Cornell and Ithaca College to provide some of the support services to allow more extensive broadcasting of campus events. Barbara Lukens noted that Cornell University has a well-established channel system and suggested we get more information from Bruce Johnson at Cornell. 7. CAAB report: See reports from CAAB meetings of Jan. 28, 1992 and Feb. 25, 1992 attached to agenda of March 10, 1992 ICC meeting. 8. Old Business: (a) ACC's letter of response to ICC resolution,regarding activation of additional Public Access channels and use of 2% funds,was reviewed. Peter Hess mentioned that the New York State Cable Commission might act as a mediator in this dispute. The Commission will meet privately at a later date to discuss options for the resolution of this issue. (b) The Commission asked for clarification of ACC's recent rate increase. It appears that ACC has added the franchise fee into its basic rate,listing it as a separate fee,and calculating the franchise fee due the City on the new basic rate minus the separately listed fee. The effect of this is to lower the fee due the City. Barbara Lukens acknowledged that this is the formula ACC is using. Peter Hess noted that Steve Shay,representative of the NYSCC, has noted that this type of formula has not been allowed in the past. The City Attorney has communicated with ACC attorneys that a quick resolution to this question is expected and that if resolved in the City's favor, all customers will receive refunds. (c) A list of Cable Commission goals for the upcoming year will be generated at a"brainstorming" session in the near future. (d) Tom Terrizzi's memo regarding ACC service standards was reviewed. In it,Tom expressed satisfaction with the response his calls received and acknowledged that ACC's calculation of response time is accurate. John Efroymson noted that many companies are moving away from the type of customer service system used by ACC in response to widespread customer complaints. Barbara Lukens stated that ACC employs a person whose job it is to return customer calls,especially in response to complaints, but who attempts to reach all customers serviced. ACC is also directing"pay per view" calls to a separate line in order to reduce customer service line traffic,and continues to pursue the goal of making the system more user-friendly and less frustrating. (e) Barbara Lukens asked for an update on progress with revision of policy regarding obscenity,adult themes,and language. Peter Hess reported that Tom Terrizzi believes the revision will be ready by next month,that Tom is working on a draft,and has communicated with the city attorneys. Peter noted that further discussion may be needed on this issue before finalization. John Efroymson stated his hope that any resolution would err on the side of free speech since Public Access is intended to provide an arena for public expression. 9. New Business: (a) It was suggested and agreed that Cable Commissioners review the Cable franchise and highlight ICC responsibilities between now and June. Individual responsibilities for such review will be allocated at the next Cable Commission meeting. (b) Peter Hess expressed his opinion that NATOA affiliation would be helpful to the ICC as a source of valuable information. Other commissioners agreed. Peter will request that the City pay the$250 membership fee. The Commission will consider other useful affiliations. -2- (c) Jim Ferwerda noted that a petition, signed by local residents requesting WRVO as background sound for Cable 13 bulletin board,had been submitted to ACC. He requested a response from Barbara Lukens. Barbara pointed out that only 30 of the 87 petition signatures belonged to cable subscribers and that the others probably get WRVO on radio. She stated that ACC already provides a considerable amount of FM radio programming,receives no income from it,and does incur some cost in providing it. Barbara says ACC doesn't feel it makes sense at this time to include WRVO. Peter Hess stated that WRVO offers an interesting variety of talk radio that is issue-oriented and would be a worthwhile addition to the range of listening options now available. (d) Barbara reported that the Learning Channel is now off Channel 13. She stated that ACC does not yet have all the equipment needed to bring WSKG on the air and that there may be some question about whether WSKG fits the "non-commercial"criteria applied to public access. Barbara raised the potential problem of inserting other programming during WSKG pledge drives. These questions require further consideration. (e) The Commission requested an update on the Ed Sargent radio station issue. Barbara stated she has reviewed the contract with ACC's attorney and the contract revisions have been delayed for various reasons. She will pursue and report on progress. Minutes prepared by Mary Euell. -3- City of Ithaca Cable Commission TO: Commission Members, Chuck Guttman FROM: Tom RE: ACC Basic rate increase DATE: March 1,1992 It is possible that we have discussed this and I missed the boat, but isn't the reason that ACC has increased its rates basic rate to $13.95 per month and then added a $.70 franchise fee onto it (total 14.65), rather than charging $14.64 for basic service, the maximum permitted by the franchise, so that it will lower the gross city revenue figure and thereby lower the franchise fee it must pay to the city? Example: 9,000 subscribers at$14.64 =$131,760 (gross) 9,000 subscribers at$13.95 =$125,550 (gross) Is that what you were getting at, Chuck, in your Jan. 22nd letter to Barbara Lukens? City of Ithaca Cable Commission TO: Commission Members FROM: Tom RE: ACC customer service standards DATE: March 1,1992 At the last Commission meeting, I asked Chris Doyle about employee demonstrations that took place in front of ACC two weeks ago. One allegation made by ACC employees was that ACC management was compiling misleading information regarding customer service standards. Employees charged that customer telephone calls to ACC are not answered within 30 seconds as represented. Mr. Doyle said he had not heard the allegation. He said it was not true and said he would supply the Commission with information regarding the record keeping for ACC's customer service standards. He called me the following week and gave me the following information. ACC tries to meet or better the industry standard of 30 seconds to connect a customer who calls with a service representative. He said that they are trying, and succeeding, to do it within 25 seconds. He said the disgruntled employees may have misconstrued the way ACC measures the 30 seconds. ACC has an automated answering system. When customers call, they are greeted by a recorded message which gives them several options depending on the nature of the customers inquiries. On touch tone telephones a customer can be routed to the proper department by pushing the appropriate number as directed. After the number is selected, there is a five second delay while the call is routed electronically in the system. ACC begins counting the customer service response time from the point when the call is appropriately routed. You can hear a click when the call is routed and the 30 seconds begins to run. I made several calls to ACC this past month. The system performed as Mr. Doyle described. The calls were answered within 30 seconds from the time that I heard the click. The customer service representatives did a good job answering the questions I had regarding certain ACC billing practices. PLANNING COMMITTEE OF THE CAAB 1992 AGENDA 1 . Additional staff person at beginning of year five of the franchise [Feb . 1 , 1993] . Job description? Techie? Educational / I-net needs? 2 . Video formats supported by Access . How many? Add Hi-8mm? Phase out U-Matic 3/4"? Gradually? All at once? Never? 3 . Audio during video bulletin board . Is it needed? Equipment requirements to provide local audio programming? Policies for users? Similar to video policies? Can it fill other needs? Cable cast meetings? Record audio of live shows? 4 . Mid-season correction of reservation policies . Too tight? To lenient? Just right? 5 . General operational needs and requirements for efficient operation and administration . Scheduling computer and/or other equipment needs? Standards of service to users? System to equitably permit pub . . educ . , and govt . use of I- net? Are problems of heating and air conditioning behind us? 6 . Equipment repair delays . Should Access staff be more involved? Change ire parts ordering procedures? Recommendations to ACC? New Public Access channel . Should the two channels be distinguished by first-run vs . repeats? Series vs . individual programs? Some other criterion? Equipment needs of new channel ? Audio? C . G . or computer? 8 . Greater use of Government channel . Ways to involve more local governments? Committee? More useful video bulletin board? System to transfer information from clerks to Access computers? Audio of meetings? 9 . Satellite receiver dish for Access . Appropriateness for additional access programming? Who makes requests for what type of programming? How? Equipment? 10 . Additional studio and/or other production space . Where? Institution on I-net? Availablity to other [not of that institution] users? Problems of administration? Long-term reservation of equipment? Would ACC permit? 11 . Using playback Amigas for more than bulletin boards and channel I . D . User created promotional spots? Integrating channel I . D . with evening schedule? User friendly software to permit this? DRAFT City of Ithaca Cable Commission 108 E. Green St. Ithaca,NY 14850 Barbara Lukens, General Manager American Community Cablevision 519 W. State ST. Ithaca, NY 14850 Date Dear Barbara, We believe that two aspects of your computation of franchise fees need to be changed to conform to existing laws and regulations: 1. Our franchise establishes the franchise fee to be paid to the City of Ithaca at"five percent (5%)of ACC's Gross City Revenue"(§20.2 A). According to Executive Law §812(5), which deals with the collection of the statefranchise fee,gross annual receipts are defined as"...any and all compensation received directly or indirectly by a cable company from its operations within the state, including but not limited to...payment for programs received and/or transmitted, advertising...and any other monies that constitute income...". According to your report BASIS OF FRANCHISE FEE PAYMENTS, submitted at our request, advertising income is not included in your computation of gross receipts for determining the City franchise fee. In discussions with a representative of the NYSCC,he clearly stated that advertising income should be included in the computation of gross city revenue, as it is in the model set by Executive Law. 2. In a recent Statement of Policy, Docket No.90389,the NYSCC states the franchise fee "is calculated as a percentage of all revenues received without deduction or allocation for such a portion of the revenues as may ultimately be paid for by the cable company to the municipal government in fulfillment of the franchise fee". To use the NYSCC example,which assumes a franchise fee of 3%, a bill where a franchise fee of$.60 is added to a service rate of$20.00 results in the incorrect payment of a 2.91%franchise fee,as $.60 is 2.91%of 20.60. The correct franchise fee must be calculated on the basis of bottom line of the bill. In reviewing my ACC bill,it appears that ACC is calculating the franchise fee similarly to the incorrect example. Please let us know by our next meeting what actions you plan to take to resolve these discrepancies. Sincerely, • BASIS OF FRANCHISE FEE PAYMENTS ****************************************************************** FRANCHISE FEE BASIS 1991 ****************************************************************** Basic Service Revenue (1) $1,200, 601.47 Tier Revenue 459, 043 .45 Equipment Rental Revenue (2) 183,819.09 Installation Revenue 134, 013 .79 Pay Service Revenue (3) 391, 381.86 Pay Per View Revenue 36,314 . 09 Service Upgrade Revenue 3 , 042. 02 Home Shopping Service Revenue 4, 001.27 TOTAL REVENUES (4) $2,412,217. 04 NOTES: (1) Basic Service includes commercial/bulk accounts. (2) Equipment Rental reflects remotes and (additional outlet) converters. (3) Pay service includes pay services for commercial/bulk accounts. (4) A rate of 5% is applied to the total revenues to determine franchise fees due. (Less NYSCCT Rate . 359% for period 1/91-3/91 and .277% for period 4/91-12/91) . Revenues as shown above are taken directly from the billing reports for City of Ithaca addresses. - V 1 72-elvi c v v - am March 5, 1992 Jim, Mary, Tom, I still nave not received ACC's response to our resolution about activation of access channels, but I did talk to Steve Shaye about it. He suggested that we ask ACC to negotiate this with an NYSCC mediator present. I am a little leery about negotiating with ACC on this matter because I think we risk appearing intractable on the one hand, or being pressured to give up things that were previously won in the franchise negotiations on the other. If . negotiations fail, or if we choose to bypass them, we could "petition for a declaratory ruling" from the Cable Commission. Concerning the possibility that ACC is separating the franchise fee from the subscriber fee in order to reduce the gross City revenues and trieret:;i the r fee paid to the City, Steve said that the NYSCC is aware of this franchise , paid that the ,, tactic and has "come down hard" on companies that attempt it. i also mentioned our concern that their intent may be to charge the franchise fee on top of the maximum cable rate permitted in the franchise. I spoke to Chuck Guttman about these issues also. He said he talked to the ACC attorney this week about the rate increase. The ACC attorney had not had time to carefully review Chuck's letter protesting the $.01 charge over the maximum allowed rate, but he thought that ACC's action was defensible. We are awaiting a written reply, though Chuck feels that they will be in rio hurry to provide one. ACC understands that they will be required to issue rebates if they lose. Chuck said he thinks that the access stuff is still the stickiest area of contention and that negotiations with ACC with an NYSCC mediator sounded like a good option to him. I asked Steve Shaye also about getting the NYSCC meeting minutes. He didn't think that they could be mailed to us regularly, and In any event they tended to be terse and dry, but he will look into it and get back to us. Regarding NYSCC audits, Steve said that we could obtain a "desk review" of their accounting for franchise fees simply by addressing a request to Ed Kearse in the NYSCC accounting department. Quoth Steve: "It's free, so why not do it ". I spoke today with Jim McCauley of the Teamsters. He was appreciative of our interest in the union activities. I tried to make it very clear to him that while we are interested in the progress of their negotiations, we probably i have no authority to be of assistance in the short term, He inquired about what I thought of Barbara Lukens as an adversary and to what extent she calls the shots, I told him that after two years, I was still trying to dope that out myself. He said it seemed that ACC's negotiating stance was to be pleasant, but unresponsive. (I agreed). Jirn asked for a copy of the franchise . (I will send one) and was very interested in whether there were any specified grounds for reopening it (I said I thought not). He mentioned that charges were probably going to be filed with the NLRB against unspecified actions by ACC. I also spoke to Joe Powers, the former Chief-Engineer of ACC whose position was recently and abruptly abolished. Joe has always been cooperative in his dealings with access, the AAB, and the Cable Commission. i expressed sympathy and thanked him for the assistance he had provided when he worked for ACC. Thanks to Jim Ferwerda, I was able to give him a job lead too. Joe apparently has a termination agreement with ACC that restricts his ability to speak about the conditions of his termination, but was rather forthcoming nonetheless. He expressed an interest in becoming a member of the Ithaca Cable Commission and i told him that we had a candidate for an anticipated opening and that I did not foresee any other openings in the near future, but that I would keep him in mind. Apparently he is still negotiating his future with ACC, over Barbara's head, and I got the feeling that if they did not come to terms, he might be eager to talk to us. He could be an interesting resource, Joe mentioned that another engineer recently quit and that he did not know how ACC was going to maintain access equipment at current staffing levels, which will be of some concern to us. I do not plan to air most of this at the meeting, though much of it needs further discussion. How about an informal get together in about two weeks - perhaps pizza at my house? I have enclosed copies of a couple of articles from the Whole Earth Review about negotiating, which seemed in parts to be relevant to whatever it is . that we do. I am also enclosing a copy of an article that Ben gave me on the FCC and cable regulation. See ou Tuesday, O --------- , ,., e.t' , ' e b cat 4-0 LJ,,-, ,. -Ter. 'Or-,-I-c..,I 1 C(A-)6 R , Spr-. k c 1- ) z € =. + }, t N THE PACIFIC NORTHWEST, supervisors—the real decision- tion you are told that your objections „.;. ,,, \ , environmentalists are makers—do. are too late. ' being asked more and Activists often work from the mis- , * more often to participate The paradigm of government planning * .' : P P is to prepare planning projections for taken premise that environmental '''''A' ' 4;,. in planning timber sales the future,then to treat those projec- information is gathered to help the ,, that are worse and worse. agency decide if it should proceed x. �,; tions as orders.The Forest Service's g y P �s Land management agen- with a course of action.The in orma- ' forest plans with their lists of pos- f ties are making concerted sible sales and volumes,are one ex- tion is gathered so the agency can 1 ' efforts to undercut Opp°- roceed with what it intended to do w A> sition to unpopular log- Whether of such planning projections. p " ging plans by getting the public more Whether a particular sale is possible all alon,PAgencies seek your input , involved in planning. cannot legally be determined until not to act on it,but to document for ,' ` agency staff complete an environ- the file the fact that they made an 0 Agency managers have learned the mental analysis of that timber sale. honest attempt to obtain it.Under value of the appearance of"public" But rather than cancel or modify present interpretation,environmental < approval and how easy it is to get. poorly conceived timber sales,forest- protection laws(especially the Na- `t.zi; ' . .:: Timber-plagued politicians are learn- ers will manipulat€their biological tional Environmental Policy Act,or r; s L; ing,too,that negotiating groups are a models and computer programs to 'NEPA)require agencies to diligently l'ir: media-friendly way to duck difficult support cuttingWhen you object dur- gather and consider facts.The laws do _, r' decisions.Citizens'committees are ing the planning process•you are told not force an agency to take action that Ys _ • regularly being enlisted to give ben- that your concerns are premature; accords with the facts it has collected. ' .j. � ediction to the plans and schemes when you object to the implementa- o From an agency's point of view,it is .; r, t' �; of land management agencies. Environmentalists involved in these x," s deliberations often have trouble figur- ing out their roles and how they can �- ' ''� F r u s ,� best influence ultimate outcomes. ri,' - `1 etting angry just makes • The only place David always wins7,4- yam against Goliath is in the Bible story. =1 f you blind and ineffective If R lik,;,,� Too often,grassroots activists are \N\ -`�`_- - \,,, you maintain their respect, emerging from advisory boards \,- ' / "? r' - "` and work groups without even ,, •4' +t'1 f` r , 1,i '� adversaries on one issue may - their slingshots intact. ' F, 411,,,1; I'll;�- ;1-�: be allies on other issues. It doesn't have to be so.A clearer -� V lo 4,i_ �, - 1 understanding of the nature of these r ;' negotiations,and careful attention to ' 4(1'`` principles and details,can cut the odds '''A, environmentalists face in negotiations ,.-4:4, ' 'r with land management agencies and ' , �'\: Iwhen - it.In- extractive industry. • Scoping checklist . a •Formulate your arguments to establish a solid groundwork for the rid The Myth of Planning entire process,through to appeals and lawsuits. vy ad Quodcunque ostendis mini sic, d from •- •Identify key scientific information,analyses,and procedures you want incredulus odi. )Id "' considered;document these in written comments,preferably in the (To all that which thou provest ific - scoping phase,but later is okay too. ' me thus,I refuse to give cre- as well dente,and hate.) —Horace •Determine what you want in an ideal alternative and specify how you grow. want this presented. IN THEORY,forest planning is a rational article sifting and evaluation of facts and ob- 0•Make sure"agreements"are concretely captured in a written r.The servations,which produces possible alternative.No agreement is too obvious to be written down. ine(see {±r•.A,w`' courses of action that logically flow •Don't let the agency weasel out of including your alternative unless years from the facts.In reality,most ov- Admm- ' '�=' �'� gov- can prove to you that it would be illegal. eminent planning is the systematic red to - � P •Don't let the agency force you to spoon-feed them your alternative in =-° "' collection of evidence to justify :bon '" elaborate detail—that's their job.If they have to work through it, ;.: predetermined conclusions.The im they'll retain some degree of"ownership"over that alternative. pter), � � portant outcomes of most planning y g on Y.. "'j, processes are decided before planning O•Don't let the agency make your alternative into something other than - begins.Sometimes planners honestly what you originally intended.This is worse than not including it at °' _ h do not know what the outcomes will all,and will make it tougher to appeal. <.. 4 be.You may be certain that their 27 GATE S ROAD SAUSAUTO,CA 91965 17 9 � i (.4,-;-".'"-- h z - '-s/,J ��ESj'r2-,'S P-* Y�,,1'jrt4r i a F l' perfectly logical to aggressively seek (Mis)eommunieations Of course,it is possible to press so- the grope . your input,then just as aggressively hard,and have points so overwhelm- areas."T ignore it.Planners must collect envi- IT Is ESSENTIAL to remember that,for ing,that the logic of protecting an - for humc ronmental information before they the purposes of agency decision- area is inescapable.Even then,an can legally offer timber sales—but if making,only paper records exist. agency will not take"no"for an an- they acted on the information they 0 Meeting minutes are not just a record swer:rather,it will shift from an in- Who R collect,they would often have to of what happened;they are what hap- stitutional argument to a personal The De abandon the sales.This causes a lot pened.Environmentalists in negotia- one.Environmentalists are often ac- CrIaErls' of confusion:at early stages in the tions must monitor,build,and use cused of upsetting agency personnel, • process it may produce a genuine in- these paper trails to lead the agency of"destroying"long-standing produc- without terest in soliciting input,and at a later off its destructive course. tive relationships by"confrontational sions of stage a genuine attempt to ignore it. Agencies classify public reaction in behavior." gotiation When the same agency people are in- two categories:"yes"and"maybe." Never give up the high prehoritt volved it can be disconcerting,and g y y SI P gh ground.You ��. present t Even vigorous objections will be clas- have the right to be treated in a busi- concessic lead to bad feelings. sified as"maybe,"and then likely - nesslike and professional manner. any gam; passed up the line as something like Do your best to avoid personalizing by highe. "We may have some local opposition issues,but if people begin referring to concessic _ B • to some parts of the project,but we you as a"preservationist,"find ways with nev are working closely with our partners to put"devastationist"in the same that acti- D e alert for "negotia- to insure cooperation.'bThe mere fact sentence with that word.Avoid fin- . agency n that an environmentalist sits in a ger-pointing,but immediately rebut successo tions" which just run out meeting and observes presentations and counter-label without being ag- b agency staffers will be recorded gressive.It is possible,and important, Most me the clock. By the time you by g y P - P - merely f- an agency records as concurrence. to be firm and yet friendly. realize your efforts are futile, Nonresponse is as good as a positive local s There are practical reasons for this. when(ar you may have wasted the and enthusiastic"yes."Silence is No one can listen to what sa - are ou endorsemeneAgencies also seem y y decision: time you could have used to Getting seen ing if you are being insulting.Gettin by y to treat objections as a wasting lia- angry just makes you blind and inef- even the mobilize public opinion. bility:if objectors are not heard from _ for sixty days or so,staff will often fective.If you maintain their respect, evidence assume those objections to have adversaries on one issue may be allies decision been abandoned. on other issues.My Audubon Society Some ne chapter has several current projects `" where agency timber managers are Thur`ear ill our allies on non-umber issues;Simi- "merely larly,we have adversaries on land-use Plan."R issues who are allies on fishing issues. P Identification&analysis of alternatives if you as One part of holding the high ground is adopting +Ask to have a representative sit in on ID team meetings to monitor refusing to use the doublespeak that no matte ;proceedings. agencies have evolved to avoid ac- Shams v It is okay to meet with the ID team,but write your own letter summa knowledging the reality of their ac- know w: rizing the proceedings and agreements as you understand them Submit,: tions.Agencies may think they own area and a'• • the land,but they certainly this to the decisionmaker and request a written response if your ve>;sion Y y do not came ur -!1.',''-of events is not the same`as the agency's:Ask for your minutes to be own the language.You have as much our boss "7:included in the record.Submit it yourself when the draft environ right to name things as they do.°Al- plan cal: �t mental impact statemeatisepedl comments. ways use correct words and object to and we c dz a it. =•-, --', phrases like"managed areas"when ?- You have a right to the supporting analysis behind EISs and assessments:- Be alert "34 The various resource disciplines; ' ' ,,?..,, run out (i.e.,geology,"hydrology-etc.)}y"- alize yo often prepare elaborate studies �# 0• have we d to support planning conelusions: Decision,appeals St negotiations used to- ' These are public records 2 •Get a detailed written rationale for the rejection of your alternative. •Insist that all documentation in •Check"process records"carefully to insure that everything the agency , A Cap process records be dated and tl `l> said is there actually is Look for material the agency failed to mention "We c ai' signed by author Fi ,J 01;, in its analysis and decision(e.g.,"minority opinions"among its own to ext •Avoid offermg-e-explicit counter,TW . i personnel).If it is important,ask why the information was not divulged posit) • m ` • `- in the document. 0a ‘t proposals to bad tnnber sales '� � be�c}.o�r. Irk N'o- @ .X""n'°Fi F , ,-,4 1, (^.Aar %L'%,,, —1 ale � . , A " • •Written documentation is all that counts in court.(Yours too.) •Anything that hints of obfuscation should be investigated. •WHEN PL . • crats,in . 20 WHOLE EARTH REVIEW SPRING 1992 Y , • t.. the proper expression is"deforested .,/ - - areas."This can provide a fertile field Remember r for humor. i . , ,, `.- When you`deal:with the government: . - Who Really Makes '�ji• ' ,, •.The paper says what the paper says. ,, ^' " - The Decision? The paper means what the paper says. . CrtrZENS'WORK GROUPS are,almost :' •Unrecorded verbal agreements have a half-life of without exception,negotiating ses three months. uc- lions of a peculiar type:they are"ne- •No agreement is final until it is reduced to writing nal gotiations with agents with limited authority."Negotiations of this kind •Verbal agreements don't modify written documents.„ ;r iu present the problem that if you make \, / • •Rangers'memonesaae�et .went repositories. isi- concessions they are gone forever,but ...., ,i.1 •Rangers and supervisors may have no knowledge of any gains you make can be overturned `i and less interest in)verbal agreements made by ig by higher authorities.Sometimes past ,Nyr their predecessors. ig to concessions must be renegotiated \� ., - 'ays with new managers.I have seen plans Agencies are willing to give activists an end- ne that activists were talked into by one ■ in- • agency manager denounced by his , '” less supply of elk-viewing areas,maps,rides - but successor as ridiculous. in helicopters,new trails and schmoozing: ag- Most meetings and"negotiations" rtant, merely furnish"talking points"for anything and everything except trees. • local staff to use at their discretion, Ms. when(and if)they meet with the real re say- decisionmakers,who are seldom etting seen by local activists!Very often inef- even the most serious concerns and mentalists,and some activists will dealings with activists.These spect, evidence are not passed along to identify with the bureaucrats(the people—often called facilitators— allies evidence are decisionmakers. "Stockholm Hostage"or"Patty are paid to help the agency prevail. ociery Hearst"syndrome).Most people find Through processes too complex to Some negotiations are outright shams. it very difficult to say"no"to a repre- relate here,managers or facilitators jects There are giveaways to these.Often sentative of the government,especial- choreograph meetings so that peer- ;are you will be told that the project is ly ones in uniform who say they're group pressure smothers substance. Simi- "merely implementing the Forest just following Congress's orders.Just Even people who strongly disapprove and-use Plan."Rangers will be very evasive as people sometimes quietly choke to of deforestation are often carried along g issues. if you ask about the possibility of death in restaurants rather than draw into acquiescing to things they know round is adopting a"no change"alternative, attention to themselves,environmen- are wrong. Lk that no matter what the scoping shows. talists will sometimes smother their ' d ac- Shams will produce quotes like,"We objections rather than disturb comity. Manipulation the citizens'committees ac- know we shouldn't be going into that Agencies take advantage of this fact, pants.Public the seesseson of often used �y own area and doing any logging but if we pants.Public processes are often used o not came up with a plan that said that, Controlling interactive group proc- to bring pro timber"publics"to the is much our bosses would never buy it.The esses,managing interorganizational table early in the process,to give io°Al- plan calls for a volume in that area conflict,and using formal planning logging schemes the appearance of ibject to and we can't disregard it." processes to further predeveloped "middle ground."In promoting local 'when policy agendas are subjects taught in boards,agencies usually claim to have Be alert for negotiations which just included members from the"public," run out the clock.By the time you re graduate schools of labor law,bull- the industry and the environmental alize your efforts are futile,you may ness,and public administration,Man- community.But in the rural North have wasted the time you could have aging formal interactions of people west,asking local people if the timber used to mobilize public opinion. with conflicting goals is as much a g p p p p discipline as biology or forestry.While industry should cut down trees is like ve. activists have been studying ecology, asking a dog if his owner should get A Captive Audience our agency friends have been learning free steaks.Whether it's Georgia in gency 1850,West Virginia in 1940,or Or- the"We are not always willing the art of manipulation by planning own • to extricate ourselves from a and negotiation. egon in 1990,extractive industry usually owns the locals.It is said that ivulged position whose absurdity has Professional negotiators and media- when the Grand Canyon dam was become clear to us." tors use coaching and videotaping to being considered,every elected politi- -Thomas Nagel train agency managers in negotiation. cian at the town,county,state and •WHEN PtncED in a roomful of bureau- In many cases,managers will retain federal level,and all the Chambers of crats,most citizens,many environ- professionals to advise them in their Commerce in Utah and Arizona were 27 GATE 5 ROAD SAUSALITO,CA 94965 2 1 a ,';-',--1--•• ',.- X I. � .gu s yin y y .r t s "^�A V.1.1!1•,-.''.--7 s ,:�y 'J� Sr'' 2 ". t 2 s ,-'..7. -t a p 'f q r: , . { lTN� r w°. z ' .'. . y - Y i g s r { � '.1 k *A -LA , - t.' ,,-. 'y' i , `'v,j.trib t: �if t .^ �. • 'W bile activists have been studying ecology, our for the dam.Where public forests are views.l at stake,people in the pool of promi- nent writing agency friends have been learning the art of y g y g nent citizens who would logically be of your manipulation by planning and negotiation. selected for boards often have a direct • Tell yot • financial interest in a high cut level througl: because it creates such a flow of . funds through the community. D0: When the Forest Service established So Wi •Arrive at meetings early to size up the space.Arrange chairs so you timber advisory boards for Northwest Pusuc t have enough elbow room. forests in 1989,forest activists were of as a I •Sit where you can keep eye contact with your friends. seldom chosen as members because would( they were thought to be too partisan. Of cou: •Go outside and breathe fresh air at every break. However,local timber-company own- times i •Urinate at every break;it's distracting to get up in the middle of the ers and others with a direct financial you oft meeting to go to the bathroom. interest in board recommendations admini were selected.Since these boards of- ••Talk to the"opposition"before and after meetings and during breaks. ten limited public testimony,activists can't tt This gives you a good chance to size them up.Often you can find out p y' you c.s: could only sit helplessly by and watch ou ca; more about a person's positions during a break than in several days y while the government's hand-picked pang of meetings. "environmental"representatives gave bein g r •Insist on formal minutes at every meeting,signed by both parties. the store away.I know of instances let it p• •Insist that agencies begin meetings by disclosing specifically what they where agency managers—and in one intend to do.They may resist this with some vigor.Agencies love to case the timber industry—contacted •At bes waste meeting time in foreplay only to disclose their true plans in the activists and asked them to rein in the nines r that ag meeting's final hours. timber-cutting enthusiasm of board none. members selected to represent the en- * •Pin down who the deciding official is,and insist that he or she be vironmental community.This danger able ir. present at any local meetings.If,in fact,the District Ranger is not alone can induce activists to take part which going to be making the final decision,why waste your time talking to in processes they'd rather avoid,out cult tc him?Insist that higher-level officials be present at any local meetings of fear that if they don't do it,some the ba, if they will make the final decisions. "reasonable environmentalist"will. •Collect everything!Use the process to collect information that would If your group is excluded from a criti- Stayi otherwise not be easily available.Often in the course of deliberations cal negotiation,and you can't stiffen NEGOI the agency will provide maps,spreadsheets and other data.These' the spine of the"environmental"ne- influe: should be collected.I know of several instances where these informal gotiators,make sure all involved about, documents became the basis of lawsuits. know that they do not represent your • think •Use the process to introduce into the record scientific information • It is it that will serve future appeals. ; s./..-,,,,,,I.:" ,,-;f �� ,./...4,.i.,. ...,, with t .e ..-s ,),„ a r6 Fx ,, k ,roc ✓ . , ,pro, ; ,- a genera •Privately sk agency personnel if i. " "_' ,$ - � 3 -1 , Y g y p ON'r .` 1 , x ` = .� � - ., forest they think the agency approach ,x. 4 ' s y , 4, Y g cY PP �� .� , �. � � ,� .�1 .4� ��° well-i is sound.If they say"no,"ask I .,eat any pastne or sweets;sugar.at9:00,spacy at 10.00 , envirc for specifics.Mast , at alight hmch �a,;� ' : .4 ,.� � �,: k t x but h: will tell you where the bodies . h tlacmg windows.* ' '£'` ;, ;f `` R "i. are buried,but they'll only do .-44 'ilunk too much coffee oo wed: � �1- ', , ` % ; grow so if you ask.Once I stayed in a ;You g... X6 4 fP x rf staff meeting room to read a stack of let the!gency take 4,11 the t+*hole tune talking and prr".t ag,or do organ the same ourself:ty � 7, 'r #✓ t, ;:""'.v r -i" OIgan timber sale files while everyone y { a. � s else went to lunch.An agency " Local 8 cy expect scientists to beargumen ye m meetings with other sci , s for w planner was eating in the same °entists professional conrtesyi �� often.rns zlem.Saentists and room.I began asking him ues- the t g g 4 professiona]s often do�eu Q*" , ,'`�+rati g. ' 4 y lions about a particular sale. 4. _ ." ` ,r°' ;3 "e, r, not tl e+ 'firing peo e'tgmneetmgs w ' no,or takeyes for an.an-s ; l lions, Finally he said,"Look,there's �. ,, a 4.ro; x ,m � ; nothing wrong with that sale." swe 9Iniep„r i point :tn *ignm at +ott need to$now .` really .bit 1:w�1at yon wart stn liiow- ' "snre� ht erthef side ndr ands ' I pushed the stack towards him ri. . - , :� $ that t " onr�osttion ou f"� t�onr adyersames'but they .areas and said,"Well then,show me , ,44 1� ,o' x ., " a< I, I t'Jmow eraCtIYW 1 r i ■ -q • . the ones that have problems. .',. ,44 s�z ,, , y s.` y enter a He did. s get ,.'i`n with agencyy r`, ' Brea 1 es. ,' hilly; mai« " .f s . '� i. �'. y but e. Sai18G�Ot� f o11 are .0- 4 tatlYES o`'7,Drgan!zaTr-7A- ,-114.K. 'II au ooget it s a will a tet.., i,,, to be f-.44•1.,°:.,....;y ` -;'r"4,. ti v *aP s-2 ' a. :.. its axe views.Like everything else,put it in {' = 1 - ..:1, people,who may believe,a: ,. 'romi .writing,and get an acknowledgement - �-- = say,that you are an"enemy o, r - lly be of your complaint from the agency. 1 people"—particularly of worki. i direct 1 ° Tell your story.Present your position > people and their jobs.The rural level through the media whenever you can , "1 .»_ Northwest is possessed by a tricki�. �f r' � ' down theory which holds that if 4'_ the big timber companies ever stop So Why Negotiate2 '- ished ever trade a place clearcutting it will mean the end of thwest Puauc¢Npur is probably best thought the American family as we know it. were of as a kind of praying:few people }'OU itIIOW for OIIe you 6 Try to have a support group you can cause would call it entirely useless. don't.That's how Glen talk to when times get tough.If you rtisan. Of course,negotiations are some- <= are in this business and are not receiv- iy own- times impossible to avoid.Because Canyon Dam got built. ing abuse,you probably aren't being lancial you often can't sue until you exhaust very.P eetive Effective activists can tions administrative remedies,you often chi corporations millions of rds of- can't stop a bad project without par- dollars a year apiece. - activists ticipating in the process—though sions.In fact,we are-obligated to re- A dangerous sign of effectiveness is d watch you can't stop the project by partici- sist them.As Andy Kerr of the Oregon conflicts between activists and the picked pating,either,and you run the risk of Natural Resources Council is fond of boards of directors or other officers of ves gave being manipulated into agreeing to saying,we are there to"stop them their group,following contacts by Ices let it proceed. before they kill again." agency personnel with those officers. d in°� Land management agencies have be- It is essential that negotiators and ►ntacted •At best,negotiations present opportu- g g 8 nrtit to build administrative records come addicted to deforestation.The their boards foil any attempt to drive in in the tirst agencies and judges cannot;g_ only effective way to deal with an wedges.This point cannot be stressed board no'e Some negotiations make avail addict is'tough love,"not"idiot too strongly.Officers of environmen- t the en- able i >on compassion."Agency managers do tal organizations who have members s danger which would otherwise be very diffi- need help,but they have to get it by in difficult negotiations with an take - cult to obtain,and which can become organizing themselves through organ- agency must be very careful in their the basis for lawsuits. izations like AFSEEE(Association of dealings with that agency,particularly some Forest Service Employees for Envi since most of our organizations are t"will. ronmental Ethics;see p.25). open,and we may even have agency a a criti Staying On Track ersonnel on our boards of directors. Set the proper framework for negotia- pour Audubon chapter is actively in- t stiffen NEGOTIATING HAS Two components: tions by reading from any of a number Our Audubon d land use,wetlands and ital"ne- influencing what things people think of recent legal decisions,magazine fishing issues;our Ancient Forest bred about,and influencing how they articles and congressional hearings, fishing issues; is r;our the least t Focontro- :ent your think about those things. which document what Judge William probably • It is important to enter negotiations Dwyer called in a recent decision"a versial thing we do.Our president, p g deliberate and systematic refusal by Ellen Warring,has told our board with the proper frame of mind.I the Forest Service and the FWS to members that they should expect to ' generally try to assume that the de- receive personal criticism for the forestation agencies are made up of comply with the laws protecting wildlife."` chapter's activities and that if they well-intentioned people who love the are uncomfortable with this they environment and abhor deforestation, You may be asked if you would like should resign. but have succumbed to a form of to substitute cutting in one place for Imaginary trees and birds may survive group mental illness.I respect agency cutting in another.Avoid offering ex and flourish in the speculative habi staff as individuals but view their col- plicit counterproposals to bad timbers of computer models and fancy lective activities as a form of highly sales.We are not in the business of plans.Living things must survive in a ,or do , organized juvenile delinquency. putting up timber sales.Activists have enough problems without inter- real world.It's our job to see that they Local managers are often fine people can.Remember that no matter what ,. for whom we have a high regard,and nalizing the responsibility of meeting situation you find yourself in,trees they often believe that if they were timber quotas which shouldn t be met and fish can't go to meetings and con- not there making"least-worst"deci in the first place.Never trade a place ferences to speak for themselves. an „ ;, sions,others would come and make you know for one you don't.That's. They have selected you to go for them how the Glen Canyon Dam got bult. mow really terrible decisions.They tell us because they know you can do it.4 Ands `:; that they are forced to enter roadless °Firmly decline any offers to help hold ;they areas which they would prefer not to the chainsaws.You will be asked. enter.Agency staff may feel forced to The most important thing to re- • ci obtain a copy U. of the Dwyer g Y Y p g decision,write U.S.District Court,502 make environmentally bad decisions, member in attending meetings with U.S.Courthouse,Seattle,WA 98104 only but environmentalists are not obliged agencies is that you may often find and ask for a copy of Seattle Audubon izations to become complicit in those deci- yourself alone in a sea of hostile Society v.Evans,dated 5/2.3/91. 27 GATE 5 ROAD SAUSALITO,CA 94965 23 - .ems _ z '.� ........,- .�....-.. # k; 4 .. r • t al.0 vuos\ Arccrrien4 : T_a-<AA c,s tot- Nc.Jc o II.c,h V , Iron ✓` 9G.r.a,..) — — 1. 9. ' 2,Qt, J L 2 J p r. There is a time to listen,a time to Back away from blunders quickly talk,a time to think,a time to de- and completely.Have a strong e—. . ride,and a time to act.Take them place to go(your next argument), '\.\\ 1� ;`\ Morton Yanow is in their turn. — but plug the hole.If a fad was in- 11, senior associate of Allen accurate,substitute an accurate •'�' 1'■ £a Yanow Associates in 2. one.If an analogy was faulty, Bellevue, Washington, While listening,suspend critical find another that isn't. ,, `' management consult- judgment. _ ants on the influencing — 10. !: .. ; • 1 of opinion.This piece 3. Choose your turf if you can.If 1• is adapted from his • Don't try to change their views; you can't,choose neutral turf. rr recently completed focus on the benefits of your own. If you can't,choose the time.If book,The Secret To you can't,arrive late but have ,• Walking On Water: 4. a good excuse. /, Tactics For Influenc- Sometimes a hostile-audience — �_.' ing Opinion. needs to blow off steam.Let ' 11. ' —Howard Rheingold them;they'll be less hostile o The temptation is to ignore the afterwards. most hostile segment and to ad- dress the least hostile segment of 5. the audience.But if you directly r'SU • Draw out thinking when an audi- address the most hostile with an ence is objecting,feed in thinking earnest and sincere approach,you when they ask for it.If you feed stand to gain respect and support them answers before you know from the least hostile.Rudeness their questions,you may give from the most hostile segment them indigestion. will heighten respect and support you want. worst dangerous.Besides, from the least hostile. you use to if you know what you're — nt. doing,you won't ever need 6. — on what them.And you'll sleep a •e Ask questions concerning their 12. rY Insults are best ignored. 7e your lot better. underlying thinking,on the premise that you want to better r tactics on Principles aside,if the — ve to be people with whom you ne- you their position.What 13. p p Y you really want is for them to Find one thing,any one thing,on gotiate changed all the time more carefully examine their which you can agree.It becomes no particular —that is,if you never had own thinking. easier for them to say yes after ics for suc- to reach agreement with the the first time. ing.The list same person twice—you 7. — as been num- might get away with using immoral or unethical tactics. Questioning someone's judgment 14. nience and, requires great tact.Preface such Never lose your focus.Never let fence uses But that's rarely the case. anyone change your focus for you questions by acknowledging that Y $ Y Y i plural or Most often we negotiate something is true;ask the ques- •..but you. with the same people over eferring to tion;then give a reason for asking. _ f you may and over—friends,family, Example:"It's true there are many 15. associates;sometimes even other issues,and that makes this v Patience is the most powerful on the same issues.It pays one difficult.Could you tell me negotiating tactic.Time is the e moral,ethi- to retain our credibili don't know your what you think we're lacking that most powerful negotiating tool. wouldn't use t Though it need not be and prevents us from working this — :om a practical should not be,negotiation one out?Maybe we can find 16. p is often adversarial.Regard- some way to deal with it." Seek agreement on low-risk ing caught unethical, less,win/win is the optimum — matters first. Ictics is at best successful negotiation;both 8. — ive and at - sides win•and there are Better to understate than over- 17. no enemies. state.Overstatement may give To be trusted,be trusting. them a feeling of being ma- nipulated. 27 GATE S ROAD SAUSALITO.CA 94965 3 ,. 1' i.t .^ ..,' tin? 'f'k b ra * t ''' x".' 1r- f="1..."- a c-rte. R a .�.. ..,. Learnir 18. 27. 34. From a liter. Never enter into,participate in, •The more they invest in the proc- Don't make concessions until you Listen to th. or respond in kind to,a personal ess,the more important it will be know all the demands. these anthc attack to them to reach a successful con- to discouro€ elusion.Get them to invest as — corner to th 35 ing The Gre 19. much time and energy in the o Never honor an unrealistically who edited But never take abuse either. process as you can. high demand with a counter- ish political Leave. — offer. intelligent o 28. thoughtful s 20. o Avoid surprise:it creates a corn- 36• Green.The munication block.If surprised body of rod Start easy,build to difficult. rP + Never agree that an issue is some prod yourself,play for time. _ beyond compromise.All issues lead the rec — 21. — are negotiable. paths—tc • Link controversial issues to issues 29. — Noess,Rud. If their"face"is at risk,offer a even AldouE that are easily resolved. 37• way to save it,but never refer Deanes are negotiable,too. Bill Willers, Deadlines 22. to it as such. ten to the L — provides the Broach a desirable message first, — 38. voices of Re undesirable second. 30. Try not to be the first to concede 0. Wilson,c o Avoid phone negotiations when on a major issue. others)detc 23• possible(remember:it's easier for — so s have t Present all sides of an issue,not them to say no on the phone). 39• of nature it just yours. If not possible: Concessions should move you • rather a Lister N Y Y � rather than a.if you are called,listen; closer to your goal. — ask questions;say you'll There is sor 24. call back — books, but r To get them to understand your 40. sents ideas, point of view,first demonstrate b.talk less + Never discuss an issue for which point in our that you understand theirs. c.if you call,dry-run your you are unprepared. and more. call first d.make a checklist before • 25. you call 41• How&g Is B 9 Weak audience:be predict- e.promptly confirm what Never be intimidated,not by Thirty-two able.Strong audience:be was discussed,in writing anger,threats,power plays,or gists named unpredictable. f.set the stage for your call rank-pulling.Neither retreat lished a boo the mainstre with a preliminary call nor counterattack.Walk your ies)of ecole 26. or letter own path. raphy is pert To sell your viewpoint: • manuscript i I HAVE SUGGESTED THAT a flood of re a.talk less,listen more 31. E the optimum ne o- dynamics,ni b.don't interrupt If deadlocked,use a third-party P g conservatior c.don't be belligerent;be intermediary. tiation.It is not the only possible his imports softspoken,moderate, — • outcome of negotiation.You theory is no controlled 32. could lose.One can do everything Robinson C. d.don't be in a hurry to make Truth and candor are valuable right and still fail to reach mutual phy is about your points agreement.No set of tactics can lands are or Y p . assets;you don't have to use all guarantee success. "Right con- some e.restate others'positions and your assets at once. S g some discor . objectives as soon as you duct assures you only of no which effect know them — blame."The proper measure of natural corn f.identify the key point and 33• , , any negotiation is not win,lose, stick to it;don't overwhelm "Cards on the table"is an Amer- or draw,but whether you did the A geophysic with arguments ican trait,the belief being that very best you could.If not,do it the action o don't digress;don't let "cards talk."That is not every- next time.But if so,smile days, action happc g' one's operating principle.Check sleep nights.❖ the environr others digress the house rules. eventually a .,h.be for a point of view,not always oper against a point of view- altruism.Th involved.TI- , 32 WHOLE EARTH REVIEW SPRING 1992 City&State, February 24, 1992 City&State, February 24, 1992 i I, Cable Fed cable bill hai rContinued from Page 5 renewal cases since 1984 only a few have resulted in an outright rejec- tion of a cable operator. ; By TODD SLOANE Another House bill,supported by Staff Writer Over the past few years, cable y NATOA, the U.S. Conference of companies have been shifting some With the U.S.Senate having over- channels, such as ESPN and Cable Mayors,the National Association of g Counties and the Consumer Federa whelmingly approved cable televi- News Network, from basic to what g Y PP tion of America, would allow cities' Sion rate regulation in January, he is known variously as "extended rY to regulate cable rates. House is expected to follow suit this basic"or"enhanced basic"services. The Cable Consumer Protection renders control over the lowest s rin g presenting an election year Act,sponsored by U.S.Rep. Dennis gift to consumers. tier of service less meaningful as E. Eckart, D-Ohio, would allow That could be good news for local fewer cable customers subscribe to governments,but it leaves many un- local jurisdictions to regulate rates g Y it. except when there is a second cable answered questions,ranging from the The Senate legislation —as well 'earaPany i'direct competition in at problem of skyrocketing subscriber as a major bill in the House — least 80% of the franchise area and rates to customer dissatisfaction with would give the FCC authority to actually serving 30% of that area. service quality and the future of corn- regulate more expensive service The act also would stop re-tiering munity access programming. plans only if the commission re- efforts by cable systems by by The overall dilemma for cities and ceives complaints of unreasonable counties is: What role, if any, rate hikes in those tiers. the the definition of basic service. Y For example,where there is an ex- overnment have in cable tele- Ina statement released after the local B Senate vote, the National Associa- tended basic or enhanced basic ser- vision. vice that most of the cable custom- The answer is a open. Although tion of Telecommunications Officers P g and Advisors(NATOA)said,"While ers subscribe to, those tiers would strong case can be made for local ( ) be regulated. . regulation, there is ample evidence passage is a step in the right di- In addition, Mr. Eckart's bill that Congress will give the Federal rection, NATOA believes that (the would make franchise renewals a Communications Commission (FCC) • bill) does not go far enough in pro- competitive bidding situation. The . the power to control local service viding the full measure of reform current law is essentially non-com- area rates and quality of service. necessary to protect consumers and q Ty stimulate competition. (The bill) petitive except where a cable opera- Under the Senate cable bill ap- P ( tor loses a franchise renewal bid. proved Jan. 31 by a surprising mar- places much of the responsibility for The critical issue for local govern- in of 73-18, the power to re u- consumer protection in the FCC, gin P regu- is obviously rate control, but late rates for the basic tier of cable they also have expressed concern service, which generally consists of about whether telephone companies local broadcast stations and com- _.. - would have to provide community ac- munity access channels, would be which is far removed from consumer cess and government channels and turned over to the FCC. interests." studios for producing programming Congress in 1984 ended the power Still, Susan Herman, NATOA of local governments to regulate president and the city of Los An- cable television rates except where geles' cable administrator, said the there was no "effective competi- Senate did cable consumers one - tion"from local broadcast stations. favor.By carefully writing the legis- Last year,the FCC ruled that effec- tive competition exists in any area .• where six local television stations ( lation to define cable companies as • • • broadcast. any firm that carries multichannel While that helped many smaller programming, it allowed for future - - communities isolated from urban rate regulation of telephone corn- -- - -- - centers, about two-thirds of all panies entering into the video mar- no franchise control, the companies • cable subscribers live in areas long ketplace. P served by at least six local broad- Neither the Senate bill nor the would have no reason to keep offer- ' cast stations. In those cities, rates - i offer- ing these services. cannot be regulated. — _ "The only way local governments _ And without regulation, rates - and local consumers are going to con- And counterpart bill now under tinue to have strong (local access) is have jumped.In Milwaukee, for ex- ' consideration addresses the ability through local control of cable televi- ample,cable rates leaped by 43%in I of local governments to use fran- sion,"said Gene Kimmelman,legisla- January alone. ! chise renewal processes to keep ser- five director for the Consumer Federa- Overall, basic-tier cable rates, vice quality P which were regulated prior to the q Yin check. tion of America,Washington. Under current law, governments President George Bush's adminis- 61% legislation, rose an average of seeking to reject a franchise renewal tration and the FCC believe the only 61%from 1986 to 1991,according to way to control rates is to encourage • the federal General Accounting Of- —— - - fice. These increases continue even true competition in the cable mar- now, despite the cable industry's have to prove that the cable opera- ketplace. That means competition longstanding insistence that the for was grossly negligent in failing among television cable companies, large hikes following deregulation i ; to provide a high-quality signal or telephone companies and other in- were due only to the fact that the not responding to service corn- formation services. long years of local rate regulation 1 l, plaints. The margin of approval of the Of the thousands of franchise 1 cable bill in the Senate is veto- had artificially depressed price in- I creases. See Cable on Page 19 proof,but the president has an=- Now,the industry has changed its blemished 24-0 record of having his tune, saying the latest increases re- vetoes upheld by Congress. flect a continuing effort to increase It looks like the best thing cities the quality of programming and cost can hope for is federal rate regula- tion, relying on lobbying abilities to program providers like ESPN, a influence decisions on things like corn- popular sports channel. munity access and service quality. • /11 J REPORT OF AMERICAN COMMUNITY CABLEVISION MARCH 10, 1992 o ACC has contracted with a new answering service for after hours calls. The new company was started by a former customer service representative from another cable company, and ACC feels that his kj owledge of the industry and ability to trouble shoot potential service calls will enhance ACC's after hours customer service. In addition, this new company will be able to take some portion of our calls during student exit and entrance to help us maintain our telephone answering statistics and customer service quality. o ACC will once again, be the major supporter of the Cayuga Chamber Orchestra's annual youth concert which is scheduled for 3/29. o ACC is working with schools, the Cayuga Nature Center and the City of Ithaca to recognize and celebrate the Discovery Channel's Global Re-Leaf efforts. We'll tell you more about the details of this effort to enhance the community's awareness of environmental issues as they develop. - o ACC will be holding a seminar on how to hook-up a VCR at the senior citizen center on Geneva Street on 3/26. • • EDUCATIONAL ACCESS MEETING MARCH 10, 1992 MINUTES Attendance: Daniel Booth (Cornell),Alicia Dowd (Cornell),Jerry Felgenhour (ICSD), Rick Gray (CAAB), Eloise Greene (IC), Peter Hess (Cable Commission), Gordon Klumpp (Groton Central Schools),James Loomis (IC), Robert Manvell (BOCES).Walter Rose (George Jr.),Toni Russo (Cornell), Bob Sample (Cornell), Lauren Stefanelli (ACC). Introductions: Robert Manvell opened the meeting by introducing the panel and asked each member in attendance to introduce themselves and state their institutional affiliation. CAAB/Cable Commission Resolution: Eloise Greene presented a brief outline of the evolution of the Educational Access Committee. The discussion included information about how the invitations for this meeting were sent out. The primary objective for this meeting was identified as seeking membership on the Educational Access Committee. Technical Aspects: Lauren Stefanelli briefly explained the existing channel setup, playback/switching capabilities and the I-NET. Questions were fielded from the group and some specific information was requested. Jerry Felgenhour (ICSD) asked for some demographic information about how many homes in the district have cable. Lauren said she could provide this information. This discussion naturally led to an explanation of the need for a box for basic subscribers so that the educational channels could be accessed if a TV is not cable ready through Channel 54. Committee Membership: A sign up sheet was passed around to the individuals present were asked to provide their name, mailing address, phone number, etc. They were also instructed to indicate their interest on becoming a member of the Educational Access Committee. Based on these sheets, the current membership is as follows: ACC: Lauren Stefanelli Ithaca College: Eloise Greene Cornell: David Booth Public Schools Jerry Felgenhour Alicia Dowd & Robert Manvell Toni Russo BOCES: Walter Rose Bob Sample It was agreed that we would try to schedule another meeting this spring. The same general time period (3:30 -4:30) seemed to be agreeable by all present. The meeting was adjourned at 4:30 P.M. Minutes respectfully submitted by Robert Manvell.