HomeMy WebLinkAboutMN-CABLECOMM-1994-11-22 City of Ithaca Cable Commission
Minutes, Nov. 22, 1994
Present Chair Jean Finley, Commissioners Harvey Gitlin, Richard Entlich, Dick Cogger
Government Access Committee Chair Pauline Layton
TWC General Manager Raymond McCabe
Public: Access producers Bill McCormick, Robin Palmer, Doria Higgins, Cris
McConkey, community members Jill Brantley and Pat Lengermann
Call to Order 7:35 pm
Public Comment: Bill McCormick complained of TWCs opening studio for additional hours to
some producers on a per case basis and not for others. He calls this capricious,
vindictive, and says it is being used as a form of content control. Mr. McCormick points
out franchise language saying: "ACC shall offer additional weekday and weekend hours
as needed" and calls on ICCC to enforce the franchise, either by insisting on more open
hours on a regular basis or on TWC's opening on request when needed.
Jill Brantley, speaking to "Access Update" issues on the agenda, specifically access
scheduling and the opening of a new access channel. Ms. Brantley moved from
Washington and as a sociologist interested in media issues was being pleased to discover
Ithaca's Public Access system when she joined a couple of local groups, including Ithaca
Health Care Actio Network (IHCAN). Due to public access, she found the people of
Ithaca better informed on health care issues than anyone else in the nation. As a
member of public, not a producer, she felt that relevant number is not the number of
producers on access but the number of opinions getting aired. She has gotten a
tremendous amount of information from Round About Ithaca and Round About
Tompkins Co. and would hate to see anything reduce that kind of access to otherwise
unreported information. If there is a problem with Channel 13, another public access
should be opened, and used on same basis as channel 13. She reports that to her as a
viewer, it doesn't matter who produces a show as to whether she's getting good
information. Ms. Brantley reports that she thinks she is now getting that quality of
information, and doesn't want to lose access to this information.
Cris McConkey, scheduling shows is a full time job--and some members of the
community are dedicated to providing this kind of access to many different groups.
Guests on access programs are not necessarily going to go down and produce their own
programs. ICCC should take into account that many different groups use regular
producers' shows to get out their message.
Pat Lengermann reports she came to the meeting because she wrote a letter to Mr.
McCabe about possibility of limiting producer hours. In reply she was mailed back two
options--one worded positively, the other negatively. As a social scientist, she questions
the bias in the design of the instrument. She doesn't know what's going on here--doesn't
happen to be caught up in in-house conflict. As a person of color, she notes that the
constituency of viewers she represents needs representation in the media in general and
in Ithaca. Channel 13 gives voice to differert groups--if there is a squabble because not
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enough time is available, more channels should be made available. Public Access
represents a remnant of participatory democracy in a world that is increasingly
dominated by conservative corporate interests. She asks, therefore, for Time Warner
Cable to open up more studio time and channels.
Doria Higgins: Model 1 and Model 2 presented by Access Coordinator Lauren
Stefanelli in the latest newsletter both miss solving the two problems she brings up. If
13 is saturated, open up another of the 9 channels and make channel 57 openly
scheduled as 13 now is. The is no solid reason why channel 57 cannot be run as a non-
automated channel. Bill McCormick and Jean Finley do use much air time, but state
law calls for first-come first-served, nondiscriminatory scheduling and allows neither the
city nor the cable operator to control content. Ms. Higgins states that to try and bypass
law to get at one or two persons is not good government and that both model I and two
violate this law. She calls on ICCC to insist on first-come, first-served. Ms. Higgins also
added a commendation for Jean Finley, who "does a most commendable job of making
access available to worthy community organizations that would not otherwise have a
voice on cable. It would be a terrible loss for the community if we lost that.
Robin Palmer: stated that here we have the latest manifestation of what he has called
the coup d'etat at Channel 13. He contended that this meeting is stacked with
McCormickites and Finleyites. He stated that Lauren very strongly recommends
proposal 1 and should be supported. In Mr. Palmer's view, the problem is not so much
producers getting free and full use of Channel 13 as it is certain producers getting free
and full abuse of Channel 13--Jean Finley and Bill McCormick, namely, with Round
About Tompkins Co. and Round About Ithaca. Mr. Palmer states that other producers
are not able to get space, that Bill McCormick and Jean Finley "squat" on Channel 13
and insist on showing their productions over and over again. Bill McCormick interrupts,
hangs up, and swears. Mr. Palmer contends Bill McCormick's shows are illegal: Bill
McCormick's show, which he claims is sponsored and subsidized by Jean Finley as well,
he sees as obscene and libelous. Mr. Palmer reports that when a proposal was made
and installed and carried out to have an archive so programs could be rationally looked
at to establish what was said or not said, whether something was obscene or not, Bill
McCormick threatened to sue, with Jean Finley's support. Mr. Palmer concluded with
"We have a coup d'etat at Channel 13".
Pervious four speakers requested more time to reply since Mr.Palmer had exceeded his
allotted time. Requests denied by chair.
Pauline Layton: 1. Informs management that the east wall of the studio has a leak in
it, and occasionally water on the wall--something needs to be done about it. 2. Ithaca
Journal no longer puts in lengthy description--inquired about way to go to abbreviated
show titles, and asks that ICCC urge staff to find a way for computer to do this. Jill
Brantley, as a member of Journal Advisory Board, said Ted Hader seemed receptive to
this idea when it was brought up at Advisory Board member. Chair Finley volunteered
to call Ted Hader to see what could be done. Commissioner Gitlin reported that
IthacaNet is initiating bulletin board where there could be listings. As chair of GAC,
Ms. Layton wrote to TWC General Manager Raymomd McCabe on the subject of
property on Green St., reply said TWC would give ICCC opportunity to lease the Green
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St. space, Budget committee, orig told $80,000, estimate shrank to $73,000, actually
spent a little more, suggest leftover money go to subcommittee to make sets and getting
furniture for studio. Subcommittee called with Bill McCormick and Roger Christian,
reporting to Lauren. Equipment is now coming in. Suggest budget next year, clearcut
policy set up understood for groups that ask for long-term loan of equipment.
Apparently way buying was handled, we figure out how to spend it all, then all out to
bid, asks for portions for be okayed and bid short of whole. Chair Finley said there had
been agreed on procedure between TWC and ICCC in the past that did this, that she
would try to contact to Pater Hess to get a copy of this.
Agenda Change: A proposal to change agenda to put topic of interest to public early on agenda
was unanimously agreed. Item 8B moved forward:
Access Update B. Scheduling on Public Access Channels:
Chair Finley submitted sheet with legal background on issue(attached). She reported
that Access Coordinator Lauren Stefanelli does support proposal 1 but is open to
suggestion. (See copy of PEGASYS NEWS attached) Chair Finley presented sample
resolution for consideration. She asked TWC General Manager McCabe whether
Channel 57 could be, as he had stated at the Sept. 13 meeting, wired for live cablecast.
General Manager McCabe reported that this was certainly possible at the risk of
pressure on rates. Dick Cogger asked for a definition of first come-first served, stating
that the problem with first-come, first-served in scheduling systems is how soon should
scheduling be allowed. He added that first-come, first-served systems usually have some
mechanism to make sure people have access to getting in the line. The commission
discussed automatic playback: Chair Finley reported that there are problems with block
programming--i.e. flexibility or inflexibility in when things are scheduled is relevant to
content when dealing with dated events, and that the way channel 57 is now handled
does not allow the mass of people who schedule on 13 to alleviate the time crunch there
by similarly scheduling on Channel 57--Channel 57 almost empty;channel 13 almost full.
Memorandum of understanding with TWC calls for opening of a new channel when
other channels on average have 30 hours of new programming per week by definition
of new programming therein. The resolution in anticipation of need another channel
6 months down road, requests such a new channel now. TWC General Manager
Raymond McCabe reported that to keep the basic rate the same,basic needs to be kept
to 24 channels. He notes that if a new access channel is activated, one channel must be
dropped from present basic. Commissioner Cogger pointed out that one person could
sign up for all time and that there should be some way to prevent this unfairness. Chair
Finley did not feel this was a practical problem and that ICCC has held in the past that
until all nine channels of access guaranteed in the franchise are in use, cablecasting time
should not be limited. Commissioner Gitlin reported that he will be calling a meeting
of the new Public Access Committee for Dec. Commissioner Cogger noted that ICC is
not tuned in to details of access would look for recommendation from the PAC. In
response to Access Coordinator Lauren Stefanelli's prior request for some decision at
this meeting, Chair Finley called for temporary guidelines to be approved.
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Commissioner Cogger suggested a possible first-come, first-served scheduling interval,
in which producers are only allowed to sign up for certain amount of time, followed by
a round 2 opportunity, with some time possibly held back for last min sign-ups. Model
2 is discussed: Chair Finley does not find this a problem,but reports Ms. Stefanelli does
not believe it will solve the crunch, since will 1st run prime time syndicated programs
will have to be moved to 13 from 57. Commissioner Cogger pointed out that the draft
resolution supports neither model 1 or 2, but disagrees with the statement that Channel
57 needs to be an automated channel. Commissioner Entlich suggests that the
resolution only adds to the problem without some clarification of what first-come, first-
served means. Commissioner Cogger suggested ICCC adopt framework with direction
to PAC to come up with statements of what first-come, first-served means in this
context. He also noted that it could be possible that if the stated producer is really
producing as a service to another voice who is hosting and running a show, who the
public sees as "producer" should be considered the relevant entity for the purpose of
time allocation without going through the entire process of assuming responsibility for
equipment, content, and repeated paperwork which the stated producer has assumed.
Commissioner Entlich asked for clarification of the rerun policy. Chair Finley answered
that any program is allowed three runs, two in prime time and one in non-prime time
and that the first two runs, by the memorandum of understanding, are considered"new"
programming. He noted that scheduling procedure--maybe with printed lists for sign-up,
might be something for PAC to consider. The following resolution was brought to the
floor. General Manager McCabe questioned Chair Finley's voting on the grounds of
conflict of interest. Chair Finley noted that this is non-paid activity. Commissioner
Cogger noted that a fundamental difficulty in getting volunteers to work on the
commission who know something about the issues is that the list of qualified candidates
for the commission coincides with those who have interest.
Whereas New York State law calls for the scheduling of channel time on public
access channels on a first-come,first-served non-discriminatory basis [9NYCRR 595-
4], and
Whereas the New York State Commission on Cable Television,in its order approving
the application of American Television and Communications Corporation for
approval of the renewal of a cable television franchise for the City of Ithaca reminds
the parties that "local rules must be consistent with the minimum standards
contained in Section 595.4 [9NYCRR}"; and
Whereas the Ithaca City Franchise calls for "public, governmental, and educational
access channels shall be available on a first-come,first-served basis at no charge to
any individual, association, or organization desiring to utilize them";
And whereas Ithaca City Cable Commissioners are sworn to the best of their ability
to uphold these laws;
Therefore be it resolved that all public access channel time be scheduled on a first-
come, first-served basis; and
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Be it further resolved that channel 57 be opened for scheduling non-automated
playback in the same manner as is currently available on channel 13.
Furthermore, be it resolved that the City anticipates a growing need for additional
public access channels and hereby gives notice to Time Warner Cable that it will
require a third public access channel on or about six months from this date.
Finally, be it resolved that the Public Access Committee of ICCC,now being formed
by Commissioner Gitlin, be charged with defining what scheduling on a first-come,
first-served nondiscriminatory basis means in the context of the public access system
in Ithaca.
Vote--Commissioners Cogger, Entlich, Gitlin, aye, Chair Finley, abstained.
Chair's report: A. Correspondence with TWC
1) Received letter from TWC stating that charge for FCC pass-through will be added
to subscriber bills, 2 cents/mo starting next month, 3 cents/mo starting first
quarter, 1995. Chair Finley reports that she checked it out and it appears to be
legal.
2) Received letter from TWC enclosing FCC 394 concerning merger with
Advance/Newhouse. She questions the start date of franchise in this document
(6/29/92) which represents neither the start date of the franchise o\nor the date
of transfer after the memorandum of understanding in Oct., 1993. TWC General
Manager McCabe agreed to clarify this. She also questioned TWCs stated
confidential understanding with merger partners, and asked that the city attorney
or someone else in confidence be able to examine these confidential matters to
determine if they are indeed unrelated to the franchise or bringing PrimeStar into
this area to compete with the franchise. Thirdly, there is a statement in the
statement in a document by a high TWC corporate official in form 394 stating that
TWC is in compliance with all franchises and willing to correct any non-
compliances in a reasonable manner. The chair asks ICCC be given time to
investigate compliance with the franchise. General Manager McCabe contends
that twc is in compliance with the franchise
3. Resolutions from last meeting were delivered to TWC 11/22. Discusses releasing
resolutions to the paper after TWC has reasonable chance to reply.
Minutes for 9/13/94: General Manager McCabe noted that on page 3, Old Business B, last
sentence, true only if Titus Towers chooses a bulk agreement, which they have not at this point.
Take out "interminable" on Access discussion of allocation of production equipment or funds for
permanent placement in County building. Minutes approved as revised.
Chair's Report continued
B. Correspondence with NYSCC--only weekly bulletin
C. Correspondence with City Attorney. City Attorney Chuck Guttman would like to
meet with us at next meeting to discuss obscenity issue. Will extend invitation to
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him and District Attorney George Dentes. Set date for next meeting for Tuesday,
Dec. 20.
D. Complaints--call-in complaints (2) about sound for video not being in stereo, on
SKG and another channel, and video picture on Channel 5. One complaint about
Mr. McCormick's show, an open mike show. McCabe knows of subscriber who is
taping shows, can ask him to deliver tape to Mr. Guttman if necessary.
E. Have applied for RSVP volunteers for clerk and travelling crew for meetings.
TWC Report: General Manager McCabe ascertained that all had received Rules and Regulations
Update. Chair Finley noted that the clause making producers responsible for their own
inadvertent mistakes had been changed. Minor mistakes were now a minor violation.
General Manager McCabe presented a general report on access expenses--He is
agreeable for someone to inspect the more detailed "direct and verifiable" expense
reports in private and in confidence to verify these expenses. Chair Finley questioned
whether these figures include playback services required in other franchises in the
county or by state regulation. General Manager McCabe submitted that the costs
passed on include 76.4% of the expenses, does not include insurance costs, telephone
costs, property taxes. Does not include administrative overhead.
General Manager McCabe asked for work order on Michael McIlwaith's complaint.
General Manager McCabe complained of "light agenda" meeting's passing 4
resolutions,which he reports he has passed on to corporate attorneys. On the resolution
on the use of access capital funds--he draws attention to pg. 16, section 16, of the
franchise which says that all equipment is property of TWC, available to list of bodies
including residents of City of Ithaca. General Manager McCabe challenges resolution's
denial of the right of TWC to place equipment in locations where de facto exclusion
prevents all residents of the City of Ithaca from using it. Chair Finley pointed out that
in definition section of the franchise, residents refer to "all residents of the City of
Ithaca". Disagreement exists between General Manager McCabe and ICCC. On other
resolutions he also has disagreements. General Manager McCabe challenges the
statement that he was publicly informed by Mr. Shaye of the improper use of "Access
Franchise Fee", saying that from his conversation with Mr. Shaye and Guttman, he had
expected to receive official notice of this problem. General manager McCabe
complained about the animosity between TWC and ICCC, saying that we would end up
with no local programming, and direct tv would walk off with the prize.
Old business:
a. Merger news--ICCC will go into looking at franchise for compliance.
B. Rate Regulation--Richard Entlich has been pulling together sources on FCC
regulations.
C. Survey, no news
D. TC Cable Commission--Steve Shaye will be in town, will try to arrange a meeting
with him.
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Access Update: a. Resolution for additional hours (attached), discusses. Chair Finley urged the
use of volunteers to extend hours. General Manager McCabe disputes what community
needs mean. How to define community needs. Unwilling to set precedent by opening
hours. Access users may want more studio time, but Mr. McCabe contends that's not
community. Commissioner Cogger wanted to know how much per hour it would cost
if no new staff were needed. General Manager McCabe contends that staff should be
going out into the schools. Commissioner Cogger said equal opportunity does not mean
necessarily equal result. He also pointed out that some residents wouldn't support the
public library if asked and were told it costs them so much per month. Commissioner
Gitlin pointed out that educational institutions have other sources of income as well.
Commissioner Cogger brought up that we should be working in partnership to maximize
the city's franchise fee by maximizing Time Warner business. Suggested process of Time
Warner's soliciting public input for the company';s decision. Tabled resolution for next
meeting.
b. Background for bulletin board--Rick Gray asked it be brought up, is concerned that
verbal message would clash with announcements. Tabled.
Adjournment: 10:40 PM
Respectfully submitted
M. Jean Finley
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RATEO� ;
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CITY OF ITHACA
108 East Green Street
Ithaca, New York 14850
The Cable Telephone: 607-272-3081
Commission Fax: 607-272-7348
ICCC RESOLUTION 11/22/94-1
P.E.G. ACCESS SCHEDULING POLICY
Whereas New York State law calls for the scheduling of channel time on public access
channels on a first-come, first-served non-discriminatory basis [9NYCRR 595-4], and
Whereas the New York State Commission on Cable Television, in its order approving the
application of American Television and Communications Corporation for approval of the
renewal of a cable television franchise for the City of Ithaca reminds the parties that "local
rules must be consistent with the minimum standards contained in Section 595.4
[9NYCRR}"; and
Whereas the Ithaca City Franchise calls for "public, governmental, and educational access
channels shall be available on a first-come,first-served basis at no charge to any individual,
association, or organization desiring to utilize them";
And whereas Ithaca City Cable Commissioners are sworn to the best of their ability to
uphold these laws;
Therefore be it resolved that all public access channel time be scheduled on a first-come,
first-served basis; and
Be it further resolved that channel 57 be opened for scheduling non-automated playback
in the same manner as is currently available on channel 13.
Furthermore, be it resolved that the City anticipates a growing need for additional public
access channels and hereby gives notice to Time Warner Cable that it will require a third
public access channel on or about six months from this date.
Finally, be it resolved that the Public Access Committee of ICCC, now being formed by
Commissioner Gitlin,be charged with defining what scheduling on a first-come,first-served
basis means in the context of the public access system n Ithaca
Ayes: Cogger, Entlich, Gitlin; Abstain: Finley; Nays: 0
PEG ACCESS FRANCHISE FEE
SUMMARY 11/22/94
AUGUST
INCOME CHARGED $7,917 PEG EXPENSE $10, 169
SEPT
INCOME CHARGED $9,360 PEG EXPENSE $11,164
OCT.
INCOME CHARGED $9,851 PEG EXPENSE $14,193
TOTAL
INCOME CHARGED $27, 128 PEG EXPENSE $35,526
FEES CHARGED FOR THREE MONTHS EQUAL 76.4 PERCENT OF
EXPENSES.
NOVEMBER EXPENSES APPEAR TO BE IN LINE WITH SEPTEMBER
EXPENSES DO NOT YET INCLUDE:
TELEPHONE EXPENSE
INSURANCE COSTS
PROPERTY TAXES
BUILDING DEPRECIATION
I i /Ag
. ..
Access Policy t ..... ,..„
. .,„,„ ,.
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Scheduling on Public �7 would still be encouraged to produce programming-the more
Access Channels 13 and 57 I the better! As in the days when we had another large-scale
public access user, the TC Library, there would be large
blocks of time set aside for such programming.
Public Access Channel 57 has been a success: 6-8 This is the plan which I strongly recommend.
hours of new syndicated programming per week[18-24 hours
total play time including repeats] have been moved from 13 Model II.
to this new channel. We anticipate that this may grow in Cannel 13 - 2 Plays [1 in prime-time] of
future months to as much as 36 hours per week in total on „ all Public Access Program
channel 57. Out of our 60 hour playback week, this has , Channel 57 - Syndicated series programming
been a considerable help in freeing up time on 13.However, 1 and 2nd prime time play of all
it has not been enough. Channel time on public access ;-; ,,' local Public Access programs
dia:.nel 13 has reached a saturation point. This means that - ion:
' we need to create a system to move more programming from Producers would be limited to 1 prime-time and 1 non prime-
13 to 57. The question is,what's the best way to do this? time play of any program on 13.The second prime tim3play
The principal parameter is that channel 57 needs to remain an would be scheduled on channel 57.Staff would record bjocks
). automated channel, with 2-hour SVHS reels which start of from 13 for replay on 57. This would.',mean
� programming
according to a prearranged schedule. We currently have a set ,;t„ that some producers' regular timeslots would haveto be
of 4 SVHS decks and timing equipment to do this. changed a bit.The least painful way to do this would be to do
I'm seeking feedback from program producers at this :4, the block taping in the afternoons and early evenings. For
point as to the best way to do this. Below,I have outlined 2 example, from 3-5 and 5-7pm daily we could tape playback
possible models. , blocks, for replay slot on 57. We would redefine Prime
'' Time as 5:30-11:30pm[instead of 6-11pm]to create 3 2-hour;
Model'I. prime-time blocks for automated playback. We would need
Channel 13 - Locally-Produced Public °' some equipment to do this - 2 record decks, rack mounts,
Access Programming timers,to record programming from channel 13.
Channel 57 - Syndicated Programming and e - /:
Ne
Blocks for Large-scale Public i:; Please fill out the survey on page 4 and return it
Access Users 13 to the access studio.
Operation:
Local producers could still reserve 3 plays [2 prime time, 1
non-prime-time] per program, but would be limited to 4 x Policy Manual Revision
hours/week of channel time on 13. Producers who wish to '
submit more than 4 hours of programming per week would A revision of our Policies and Procedures has just
be treated similarly to institutional access users,in that we , been fompleted. Copies are available at the access office.
would create a large block for their programming on 57. ' Most of the changes are cosmetic:using the name PEGASYS
instead of our former name,CABLE 13,and using the cable
Discussion: company's new name, Time Warner Cable, instead of its
Encouraging diversity of expression has always been former name, American Community Cablevision. Several
considered a legitimate access goal. Complaints have been changes which we have incorporated over the past two years
leveled at ACC,the ICCC and the CAAB for years charging have been written officially into the manual [three plays per
us with stunting diversity of public expression, and program permitted instead of two;rules giving new producers
devaluing the diverse voices which use the channel, by priority in series scheduling]. But there were a few new
allowing a few individuals to reserve large amounts of time substantive changes,whch I will summarize for you below:
on 13,thereby overwhelming the channel with a few points 1. Definition of non-commercial programming has been
of view. The reply from the City has always been the same: changed. Non-profit organizations are permitted to solicit
we can not limit program submissions per producer while donations on a limited basis, including holding telethons.
there is unused public access channel space or =activated [Sec.VI.5]
access channels. This plan would allow us to achieve both 2. Volunteers are not required to make their name/telephone
goals. Channel 13 would be guaranteed diversity of number available to the Volunteer Call List.[Sec.V.2.2]
expression;no one voice would be permitted to predominate 3. Program sponsors may underwrite production expenses,
on the channel. On the other hand, large-scale access users but"payment to producers or crewmembers for hours worked'
on access productions is not permitted"[Sec.VI.4.3]
RULES FOR SCHEDULING CABLECASTING TIME—legal background
NYS LAW IS UNEQUIVOCAL ON THE QUESTION OF SCHEDULING
CHANNEL TIME ON PUBLIC ACCESS CHANNELS. IT CALLS FOR
ALL SUCH SCHEDULING TO BE DONE ON A FIRST-COME, FIRST
SERVED NON-DISCRIMINATORY BASIS.
For instance, specifically with respect to the City of Ithaca,we have the following document:
New York State Commission on Cable Television:
Docket No. 30194
In the matter of
Application of American Television and
Communications Corporation for approval
of the renewal of a cable television
franchise for the City of Ithaca
(Tompkins Co.)
Initial Docket No. 10057
ORDER APPROVING RENEWAL
(Adopted: February 1, 1989; Released: September 12, 1989)
p. 4
We also note that Section 14.2 requires the establishment of rules for public access
and the filing of such rules with the Commission. We remind the parties that local rules
must be consistent with the minimum standards contained in Section 595.4 [9 NYCRR]."
Text From 9 NYCRR referred to above has three relevant entries:
"Section 595.4 Minimum standards for public, educational, and governmental (PEG)
access
"(c) Administration and use. The use of channel capacity for PEG access shall be
administered as follows:
"(4) Channel time shall be scheduled on the public access channel[s] by the
entity responsible for the administration thereof on a first-come, first-
served nondiscriminatory basis.
"(8) The cable television franchisee shall not exercise any editorial control
over any public, educational or governmental use of channel capacity
for PEG access purposes.
"(9) A municipality shall not exercise any editorial control over any use by
the public of a public access channel.
fl
Furthermore, William B. Finneran, Chair, NYS Commission on Cable Television, has
publicly summarized the state's policy when commenting on the outcome of Buell vs.
Cablrvision Systems Corporation of Woodbury [Long Island]:
"The aim of state regulations is to insure first-come, first-served access to cable television
for groups and individuals wishing to offer information or express viewpoints that might not
be heard otherwise." NY Times,Metro Section P44.,Aug.14.1994
THE ITHACA CITY FRANCHISE IS ALSO UNEQUIVOCAL ON
REQUIRING CHANNEL TIME TO BE SCHEDULED ON A FIRST-COME,
FIRST-SERVED BASIS:
"XIV ACCESS CHANNELS AND SERVICES
"A. (2) The public, governmental, and educational access channels shall be
available on a first-come, first-served basis at no charge to any
individual, association, or organization desiring to utilize them."
:::::::::::::::::::
THE CITY CABLE TV ORDINANCE SPEAKS LESS DIRECTLY TO THE
ISSUE BUT CALLS FOR PUBLIC ACCESS CHANNELS TO BE
AVAILABLE ON A NON-DISCRIMINATORY BASIS:
"SECTION 3 DEFINITIONS
3.1 ACCESS CHANNELS means channels (6MHz each) set aside for public use,
educational use, or governmental use with no charge for usage by ACC. Access
channels designed for public use shall be available on a nondiscriminatory basis."
PEGASYS Policies and Procedures Manual
Summary of Changes, October 1994 Revision
Overall Changes
1. References to CABLE 13, as referring to the access center, changed to
PEGASYS.
2. References to Amercian Community Cablevision, or ACC, changed to
Time Warner Cable, or TWC.
3. Where possible, language was condensed with no change in meaning to
eliminate redundant passages. Between such condensing and smaller
typeface, pages of manual was reduced from 25 to 18.
4. Numbering system changed, in the interest of simplicity and readability.
Sections II through V combined in a revised Section II. Other sections
renumbered accordingly.
5. Boldface used throughout to highlight titles and main points.
6. Any reference to 3/4" portable equipment eliminated, as these have been
discontinued.
Specific changes of meaning:
sec. II.2:
- reference to facilities being available to TWC franchise residents in
Northern Tioga County eliminated.
- access center referred to as being provided under franchise
between city and TWC [access channels referred to as being provided
under franchises of all areas and TWC].
sec. II.3:
- addition. list of access channels
sec. II.4: •
- access equipment updated to current
- access staff updated to 4
sec. IV.2:
- legitimate business no longer defined ad nauseum.
sec. IV.4.3:
- minor offense added for "inadvertent commercial material
contained in an access program."
sec. IV.4.4.2:
- copy of written warning sent to AAB eliminated. When CAAB
existed, they did not show a great need to receive these constantly. Note
that letter still sent to CAAB in case of suspension [sec. IV.4.5.4].
sec. IV.4.6:
- rates added for Portable Studio Unit [portable SEG with 2
camcorders]. Rate for Editing changed from $100 to $110 per hour.
- producers are "requested" to acknowledge access center, instead or
required to do so [as per NYSCC ruling that we can not require this].
sec. VI.4.3: - definition of production expenses: "Payment to producers or
crewmembers for hours worked on access productions is not permitted."
This is a reversal of former rules.
sec. VI.4.4:
- acknowledgement of program sponsor is permitted on same basis as
before, but no longer required [same NYSCC ruling, which says that we
can require producer identification but no other acknowledgments].
sec. VI.5:
- Content Restrictions: rewritten in accordance with Tom Terrizzi
ICCC changes, and in response to ICCC chair Jean Finley's request that we
permit non-profits to solicit funds. Language approved at 9/94 ICCC
meeting.
sec. VIII:
- added is reference to governmental access bulletin board.
App. 4:
- added is info on advisory bodies and institutional access manuals
App. 5:
- added is commercial use of access facilities information and prices
Additional Suggestions or Problems
V.6:
How to apply Limited Liability to institutions, particularly schools
[many minors] or other groups with multiple producers under one
umbrella.
V.9.2:
We received a suggestion from Robin Palmer on 9/20 to make the
following change [not made in this draft; ICCC input?] The name(s) of the
producer(s) must be stated in a written credit at the end of each program.
[His concern is that current wording does not strictly require this credit to
be in writing, and that Bill McCormick and Rick Lawrence have used a
verbal credit upon occasion. He believes that this is a sign of our laxity and
moral decay. TWC does not have a firm preference about this, and we are
willing to abide by ICCC preference.]
To: City Cable Commission
From: Lauren Stefanelli, PEGASYS Coordinator
Date: 9/27/94
Re: January-Sept 1994
PEGASYS Cablecasting Hours 1994
CHANNEL 13 CHANNEL 57
L S P S P
JANUARY 77 8.5 20
FEBRUARY 102 4 25 8.5 2
MARCH 139 5 33 22 5
APRIL 142 4 34 21 5
MAY 150 3 36 23.5 5
JUNE 156 5.5 37.5 26 6
JULY 110 9 27.7 30 7
AUGUST 156 6 37.7 27.5 6.5
SEPTEMBER 128 5.5 31.05 23 5.5
KEY:
L = HOURS OF FIRST AND SECOND PLAYS OF LOCALLY-PRODUCED
PROGRAMMING
S = HOURS OF FIRST PLAY OF SYNDICATED PROGRAMMING
P = CHANNEL USE INDEX:
AVERAGE HOURS OF L+ S PER WEEK
[(L+ S) /4.3 WEEKS/MONTH]
Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of)
TELEPHONE COMPANY- )
CABLE TELEVISION ) CC Docket No. 87-266
Cross-Ownership Rules, )
Sections 63.54-63.58 )
and )
Amendments of Parts 32, 36,) Rulemaking No. 8491
61, 64, and 69 of the
Commission's Rules to )
Establish and Implement )
Regulatory Procedures for )
Video Dialtone Service )
AFFIDAVIT IN SUPPORT OF COMMENTS
To the Commission
1. My name is M. Jean Finley. I am the Chair of the Ithaca City Cable Commission which
oversees the operation of a franchise agreement between the City of Ithaca and Time
Warner Cable. Under this franchise, the PEGASYS Community Access Center in Ithaca,
NY, has been established.
2. PEGASYS is a member of the Alliance for Community Media, a non-profit association
representing PEG television stations nationwide.
3. PEGASYS or its predecessor Cable 13 Community Access studio have been in operation
for 16-1/2 years. I assumed the responsibility of Chair of the Ithaca City Cable Commission
in May, 1994, and was a Commissioner before that time.
4. Local religious, charitable, and community organizations are regular users of the
PEGASYS facilities.: Among the organizations that have used PEGASYS during the past
year either as producers of local shows, submitters of prepared tapes, bulletin board users
(254), or guests on series cable access shows are the local chapter of the American Red
Cross, Girl Scout Cadet Troop 796, Dryden Footlighters, AIDS Work of Tompkins Co., the
Drop-In Center, and many many others. (A complete list is attached as Exhibits A, B, C,
and D). This is in accordance with both the letter and the spirit of Section 611, which
requires that PEG centers meet the communications needs of the localities in which a cable
franchise operates.
5. PEGASYS receives its funding primarily by direct provision of access and services by the
cable operator, pursuant to the terms of the City of Ithaca's franchise agreement--the only
franchise in the county that requires PEG production facilities as well as channel access
(although the facility is open to all of the cable operator's franchise area residents within
the county). The remainder of its operating budget comes from in-kind contributions from
volunteer staff assistants, whose work constitutes less than 1% of the total yearly operating
budget for the station. Grants and contributions are virtually unavailable to PEGASYS,
since it is not an independent non-profit corporation but a service provided by the cable
operator--a commercial entity.
6. Section 611 of the Communications Act of 1934 permits local franchising authorities to
request PEG access and facilities from a cable franchise when such franchise is initiated or
comes up for renewal. The existence of most PEG facilities rests upon franchising
authorities' insistence that such facilities be a condition of franchise.
7. The Federal Communications Commission is considering promulgating further
regulations on persons maintaining common-carrier services providing video images, or
"video dial-tone" ("VDT').
8. The Federal Communications Commission is considering the promulgation of such
regulations without requiring a use-fee structure, which would be economically equivalent
to the costs imposed on cable operators to, among other matters, ensure the continuance
of PEG access.
9. The inequitable treatment of similar video transmission services may result in uneven
economic pressures. These pressures will cause cable operators to cease offering PEG
access to franchise authorities in order to remain competitive with non-franchisable ^DAT
services. PEG centers will close as individuals shift from cable to VDT and franchise fee
collections shrink.
10. If PEGASYS is forced to close because the cable operator and franchising authority
cannot agree to its continuation,then individuals and organizations who currently utilize the
facilities of the station will be forced into the commercial marketplace.
11. A half-hour of television time (including in-studio production and all post-production
costs), which is free of charge on PEG channels,would cost $862 (10pm-7am) to $938 (4pm
to 10pm) on our area's only cable operator's leased access channel (Channel 52), the next
lowest option for would-be cable producers in Tompkins Co. This includes $5 to $50 for
1/2 hour leased access depending on the time of airing, plus a $68.40 minimum charge for
technical assistance for handling supplied tapes, $220 for leased access studio production
time (2 hours), $280 for studio 4-member crew (2 hours), $220 for post production editing
time (2 hours), and $70 for post production editor (2 hours).
12. Many of our users would find such fees out of their range and would cease cablecasting
altogether. More than 98% of the private non-profit organizations that use our PEG
facilities on a regular basis have yearly budgets of less than $200,000. An entity which
wanted to retain its schedule of cablecasting weekly would have to spend its entire budget
and more to maintain the same programming schedule within the private sector.
13. The erosion of PEG access could have significant deleterious effects on the practical
enactment of First Amendment ideals.
14. VDT regulation,which subjects both media to the same PEG requirements, is the only
method that will guarantee the existence of PEG access in a context of telecommunications
competition.
I submit that the foregoing is truthful,based on personal knowledge,information,and belief.
Respectfully submitted by:
M. Jean Finley, Ph.D.
December 14, 1994
Exhibit A: Non-profits Organizations Producing Local
Programs
Series Programs
Amnesty International
Bethlehem Church
Church of Jesus Christ of the Apostolic Faith
Cornell University Public Affairs Society
CHANGE-NY
Individual Shows (partial list)
Tompkins Co. Human Rights Commission
Crisis Hostel Project
Boynton Middle School
Cayuga Heights School
AIDS Work of Tompkins Co.
Alternative Community School
Eckankar
North Shore Animal League
DeWitt Middle School
Ithaca Cable Commission
South Hill School
Cayuga Trails Club
Tibetans in Exile
Cornell Gamelon Ensemble
EXHIBIT B: Non-profit Organizations Submitting Programs Produced
Elsewhere
Series
American Atheists, Tompkins Co. Chapter
Osho Santosh Meditation Center
Church of Jesus Christ
Social Security Administration, Ithaca Office
Committee on US-Latin American Relations at Cornell
American Red Cross, Ithaca Chapter
NYS Office for the Aging
Newfield Assembly of God
Immaculate Conception Church
St. Mary's Russian Orthodox Church, Syracuse
Veterans of Foreign Wars
A wide variety of local organizations submit pretaped shows produced elsewhere on an
individual show basis. For example:
Ithaca Health Care Action Network
CUSLAR
etc., etc., etc
I do not have direct knowledge of the number of these
EXHIBIT C: Non-Profit Organizations (254) Using the Community
Bulletin Board at PEGASYS Access Center in Ithaca, NY, May 1, 1994,
through Dec. 10, 1994 (no. of uses)
'94 Food for Food(1) Corner Book Store(3)
4-H(4) Crisis Hostel(1)
AIDS Work of Tompkins Co.(7) Crossdressers(1)
Alternative Community School(1) Cuban Friendship Week(1)
American Cancer Society(4) Cystis Fibrosis Foundation(1)
American Heart Association(1) Danby Fire Station(2)
American Legion Post 221(5) Day Care and Child Development Council(9)
American Lung Association(3) Democratic School of the Finger Lakes(2)
American Red Cross(25) Department of Northeast Studies(1)
American Youth Hostel(1) DeWitt Historical Society(5)
Amnesty International(6) Displaced Homemakers(7)
Attention Deficit Disorder Group(1) Downtown Ithaca,Inc.(3)
Attorney General'consumer Outreach Project(1) Drop-In Children's Center(1)
Babies First(1) Dryden American Legion Post 1134(2)
Ballroom Dance Co.of Ithaca(2) Dryden Dairy Day(1)
Beverly J.Martin School(1) Dryden Elementary School(1)
Bib'n Tucker(1) Dryden Footlighters(2)
BOCES(1) Dryden High School(1)
Rookery II(3) Dryden Historical Society(1)
Boy Scout Troop#12(1) Dryden Sertoma Club(1)
Boy Scout Troop#24(1) Durland Alternatives Library(1)
Boynton Middle School(1) ECK Worship(8)
Brooktondale Community Center(1) Eckankar(5)
Cabin Fever Festival(1) Ellis Hollow Church(1)
Camp Fire Boys&Girls(1) Empire State College(1)
Campus Club of Cornell(2) Enfield Elementary School(3)
Cancer Support Group(1) Enfield Valley Grange#295(1)
Cass Park(3) EOC(1)
Cayuga Chamber Orchestra(1) Etna Freeville Cooperative Nursery(1)
Cayuga Chimes(1) Etna Volunteer Fire Department(1)
Cayuga Nature Center(24) Family and Children's Services(1)
Cayuga Trails Club(4) Feminist Women's Writing Workshop(2)
Cayuga Vocal Ensemble(2) Finger Lakes Independence Center(2)
Center for the Expressive Arts(3) Finger Lakes Land Trust(6)
Change NY(2) Finger Lakes Grassroot Festival(1)
Child Birth Education Society of Tompkins Co.(1) Firehouse Theatre(3)
Christ Temple Mc.(3) Fust Baptist Church(3)
City of Ithaca(7) First Presbyterian Church(1)
Clearwater Christian College(1) First Unitarian Church(1)
Club Essence(1) Freeville Elementary School(1)
Coalition for a Bias Free Ithaca School System(1) Freeville Fire Station(1)
Comic Book Club of Ithaca(1) Fresh Air Fund(1)
Community Dispute Resolution Center(3) Friends of Tompkins County Library(4)
Community Fireworks Committee(1) Friendship Center(1)
Community Nursery School(1) Full Gospel Businessmen's Fellowship(5)
Community School of Music and Arts(12) G I A C(2)
Concord Coalition(3) Genesee Baroque Players(1)
Cornell Council for the Arts(1) G I A C(6)
Cornell African Students Association(1) Graduate History Association(1)
Cornell Black Students(1) Grief Support Group(1)
Cornell Concert Commission(3) Groton Fire Department(1)
Cornell Cooperative Extension(19) Groton Historical Association(4)
Cornell Department of Theatre Arts(2) Hangar Theatre(22)
Cornell Dept.of Near Eastern Studies(4) Hemlock Society(1)
Cornell Design League(1) Home Health Care Aide(1)
Cornell Festival of Black Gospel Committee(1) Housing Options for Seniors Today(1)
Cornell Johnson Art Museum(8) Human Services Coalition(2)
Cornell Laboratory of Ornithology(1) IACC Day Care Center(1)
Cornell Mountain Film Fest(1) Immaculate Conception(1)
Cornell Music Department(3) Independent Search Committee for Dryden School Board(1)
Cornell Plantations(1) IRS(4)
Cornell Sri Lankan Students Assoc.(1) Ithaca Area Health Care Action Network(10)
Cornell Summer Session(9) Ithaca Area Toastmasters(1)
Cornell Univ.Wellness Program(1) Ithaca Breast Cancer Alliance(2)
Cornell University(2) Ithaca Cable Commission(1)
Cornell Veterinary Players(1) Ithaca College(7)
' Ithaca Community Chorus(2) State Theatre(1)
Ithaca Concert Band(2) Suicide Prevention and Crisis(5)
Ithaca Cooperative Nursey School(1) Sunday Reading Series
Ithaca Farmer's Market(2) Support Group for Attention Deficit Disorder(1)
Ithaca Festival(1) Support Group for Crossdressers(1)
Ithaca Festival(3) Survivors of Child Abuse(3)
Ithaca High School(1) Tompkins Co.Family Day Care Assoc(3)
Ithaca Intercultural Institute(1) Tompkins Co.Office of the Aging(7)
Ithaca Masonic Bodies(1) Trumansburg High School Drama(1)
Ithaca Men's and Women's Bowling Assoc.(2) Tompkins Co.Public Library(1)
Ithaca Neighborhood Housing Services(3) Tompkins Co.Quilters Guild(1)
Ithaca Performing Arts Center(2) Tompkins Co.Senior Citizens Council(3)
Ithaca Piano Trio(1) TC3(6)
Ithaca Power Squadron(1) Temple Beth-El(2)
Ithaca Radio Control Society(1) The Dressing Room(2)
Ithaca Rape Crisis(6) The Fellowship of Reconciliation(1)
Ithaca Rotary Club(3) The Haunt(1)
Ithaca Textile Arts Guild Tibetan Summer Picnic(1)
Ithaca Times(2) Titus Towers Tenant Council(1)
Ithaca Women Speak(4) Toast Masters International(1)
Ithaca Women's Club(1) Tompkins Co.Bar Association(1)
Ithaca Youth Bureau(10) Tompkins Co.Head Start(2)
Ithacare(2) Tompkins Co.Health Dept.(2)
Jacksonville Church'(1) Tompkins Co.Senior Citizen(2)
Japan-US Assoc(1) Tompkins-Cortland Homebuilders Assoc(1)
Johnson City Senior Center(1) Town of Ulysses(1)
Kidney Mime Theatre(1) Tri-States Dog Show(1)
Kitchen Cupboard(1) Trumansburg Conservatory of Fine Arts(3)
Kitchen Theatre(5) Ulysses Philomatic Library
Kiwanis Club(2) United Cerebral Palsy(1)
Labor Coalition(1) United Methodist Church of Dryden(2)
Lansing Fire Department(1) University Co-op Nursery School(1)
Lansing High School(2) USS Accord(1)
Lansing Historical Association(1) Varna Community Association(2)
Lansing Lions Club(1) Varna United Methodist Church(4)
Lansing Methodist Church(1) Veteran Volunteer Fireman's Assoc(2)
Lansing Middle School(1) Veterans of Foreign Wars Post#5498(1)
League of Women'Voters(6) Veterans of Foreign Wars Post#961(2)
Liberty Committee(1) Waldorf School(6)
McClean Church(1) West Danby Fire and Rescue Co.(2)
Mental Health Assoc of Tompkins County(5) Whiton Women's Chorale(1)
Micky Roof(1) Women's Aglow Fellowship(2)
Ness-Sibley Funeral Home(1) Women's Community Building(4)
Newfield Elementary School(1) Women's Information Network(4)
Newfield Fire Co.(1) YMCA(1)
Newfield High School(4) Zonta International(1)
Newfield Lioness Club(2)
Offender Aid and Restoration(2)
Olive Tjaden Gallery(1)
P-Flag(4)
Parents Together(
Park School StudetiMedia(1)
Patchwork Therapeutic Riding Cen ter(5)
Peace Studies Program(1)
Planned Parenthood(1)
Project Health Care(1)
Recycle Ithaca's Bicycles(1)
Republican Party(1)
Roy H.Park School(1)
RSVP(9)
Salvation Army(2)
Saviours' Day(1)
Sciencenter(7) j.
Service League(2)''
Seven Valley Chorus of Sweet Adelines(1)
Slaterville Springs Volunteer Fire Co.(1).
Southside`Community Center(1)
SPCA(5)
Special Children's Center(5)
Spencer/Candor Lions(1)
St.John's Episcopal Church(1)
State of the Art Gallery(2)
EXHIBIT D: Partial list of Non-Profit Organizations that have appeared
as guests on PEGASYS shows in Ithaca, NY, over the past year.
(Includes data from producers responsible for approximately 22% of
available air time)
Affirmative Action Task Force,CU Ithaca Health Care Action Network(IHCAN)
Africana Studies,CU Ithaca High School Drama Dept.
AIDS Work,Inc., of Tompkins Co. Ithaca High School Women's Track
Alternative Community School Drama Club Ithaca Hours
Alternatives Library Ithaca Intercultural Institute
Alternatives to Violence Program Ithaca Opera
American Diabetes Assn,Central New York Chapter Ithaca Peacemakers
American Indian Program,CU Ithaca Performing Arts Center
American Legion Ithaca Players
American Lung Association Ithaca Rape Crisis,Inc.
Area Congregations Together(CROP Walk) Ithaca Rotary Club
Asian American Theater Ithaca UUSC
Azanian Students Association,CU Ithaca War Tax Resisters
Bib'n Tucker Ithaca Youth Bureau's One-To-One Program
Bosnian Student Project Ithacare
Caroline Lions Club John Birch Society
Caroline School(5th grade) Kidney Mime Theater
Cayuga Community Role Players Kitchen Theater
Cayuga Nature Center Latin American Studies Program,CU
Center for Religion,Ethics,&Social Policy(CRESP) Learning Web
City and Regional Planning,CU Mexican Association at Cornell
Committee on US/Latin American Relations at Cornell(CUSLAR) Multicultural Resource Center
Community Arts Partnership Neighborhood Legal Services
Community Dispute Resolution Center Never Again Campaign
Community Police Advocates Program New-Fields of Fun Historical Playground Committee
Community,School of Music and Art Offender Aid and Restoration(OAR)
Cooperative Extension of Tompkins Co. Orange Tree Theater
Cooperative Protestant Ministry at Cornell Pastors for Peace
Cornell Greens Planned Parenthood of Tompkins Co.
Cornell Savoyards Prisoners Legal Service
Crisis Hostel Project Physicians for Social Responsibility
CRS Barn Studio Planned Parenthood of Tompkins County
Displaced Homemakers of Tompkins Co. Ploughshares
Dressing Room Prisoners Legal Service of NY
Drop-In Center. Religious Committee on Health Care
Dryden Footlighters Risley Theatre
Friendship Center Russian Children's Choir Coordinating Committee
EcoJustice Project St.Catherine of Siena Human Ministry Committee
EcoVillage Ithaca Semje Mira
Educate the Children,Inc. Shoestrings and Grace
Environmental Dispute Resolution Working Group,CU Social Security Administration,Ithaca Office
Finger Lakes Gymnastic Team Southeast Asia Program,CU
Forger Lakes Independence Center Southside Community Center
Finger Lakes Land Trust Southside Festival
Finger Lakes Runners Club State of the Art Gallery
Firehouse Theatre Stewart Park Summer Day Camp
Fiscal Policy Institute Stop Wal-Mart Campaign
Friendship Center Suicide Prevention and Crisis Service
Gateway Theatre Sweet Adelines
Girl Scout Troop#796 Theatre Cornell
Grassroots Festival Tibetans in Exile
•
Habitat for Humanity Tobacco Control Coalition
Haitian Students Association,CU Tompkins Co.Greenways Coalition
Hangar Theater Next Stage program Tompkins Co.Interfaith US-Cuba Friendship Committee
Hemlock Society Tompkins Co.Planning Office
Information,Resistance,and Education Tompkins-Cortland Labor Coalition
Ithaca Ballet Tompkins-Cortland Theater Company
Ithaca City School Board Candidates Debates(2) Toys for Tots Program
Ithaca College Theater US-Russian Cross-Support Group
Ithaca Community.Chorus Veterans of Foreign Wars
Ithaca Community Gardens White Allies Against Racism(Alternatives Community School)
Ithaca Festiival Committee Whistling Shrimp
Ithaca for Wal-Mart Witness For Peace
Ithaca Greens