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ACC
CONINNITV GAMY -W=0
519 WEST STATE STREET
ITHACA, NEW YORK 14850
TO:
MR. CHARLES GUTTMAN
ATTORNEY-AT-LAW
CITY OF ITHACA
CLINTON HOUSE
ITHACA, NY 14850
DRAFT - CONFIDENTIAL MEMO TO MEMBERS OF CHARTER AND ORDINANCE COMMITTEE - DRAFT
From: City of Ithaca Cable Commission
Date: December 17, 1992
It is the sense of the cable commission that efforts should be made to move
toward a quick conclusion of negotiations with ACC regarding their
non-compliance with proivisions of the franchise agreement.
There are several reasons why we feel this is desireable:
1)ACC has offered some significant concessions to the city:
- addition of advertising revenue to the base use in computation of francise
fees and access capital allocation. This adjustment will be retroactive
-rebate of '$10,000 for purchase of new access equipment
- expansion of the I-Net to three new sites
-expansion of senior citizens discount to tier service
2) The main point of contention between the City and ACC, whether the franchise
fee can be added on to the customers bill as a tax is likely to be addressed by
the New York State Cable Commission or the new Federal Cable Act. When this is
settled, our bargaining position may be weakened.
3) The appointment of a General Manager at ACC could mean that we will have to
revisit some of the fundemental issues that we assumed to be resolved if we do
not move to quick completion of the bargaining process.
4) This process has dragged on for several years, diverting energy from other
areas that are also of interest to the cable commission and the access
community. Many of the participants, including some cable commission members,
are tiring of the fight. Chuck has doen an excellent job with these
negotiations thus far, but he too has indicated that there are now other things
he now needs to devote more of his time to.
These factors suggest to us that a resolution now while we still have some
momentum would be in the City's best interest.
CONFIDENTIAL MEMO
To: Members of the Charter and Ordinance Committee
From: The Cable Commission
Date: December 17, 1992
It is the sense of the Cable Commission that the City should do what it can to move
to a quick conclusion of its current negotiations with ACC.
There are several reasons why we recommend this:
1-) ACC has brought some -major concessions -to the -table, in particular: - --- -
- inclusion of advertising revenue in the base used to compute the franchise fee
and the access capital budget. (This adjustment would be retroactive and would
represent a significant gain to the City and the access community.)
- a rebate of around $10,000 to the access capital fund for purchase of new access
equipment.
- the expansion of ,the I -Net to three new sites.
- the extension of senior citizens' discount to indude upper tier service.
2) A main point of contention between the City and ACC - whether the franchise fee
can be added on to a customer's bill as if it were a tax - is likely to be addressed by
the New York State Cable Commission and/or the new Federal Cable Act. If this
is settled by outside agencies, our bargaining position could be weakened.
3) We are concerned about possible loss of momentum on the City's part. This
negotiation has dragged on for several years. Many of the participants, including
some cable commission members, are tiring of the fight. Chuck has done an
excellent job managing the negotiation, but he has indicated that there are now
other demands that must be given higher priority by the City Attorney's office. A
perceived loss of momentum could weaken our bargaining position.
4) The appointment of a new General Manager at ACC could mean that we will
have to re -open discussion of some fundamental issues that we think are near
resolution. We presume that this is more likely to happen if ACC believes that
negotiations have gotten off-track, or we have lost momentum.
5) We would like to see the Cable Commission and the access community be able to
devote the energy now going into this process to other important concerns.
These factors suggest to us that a quick resolution of this dispute would be in the
City's best interest. Thank you for your consideration.
December 21, 1992
11:25 a.m.
Chuck,
Bill McCormick was in....
1. While at the Northeast Regional Conference for the Alliance
for Community Media Bill met their attorney, Jim Harwood. Mr.
Harwood might be calling you to obtain facts in suit Time
Warner has brought in federal court to overturn 1992 Cable
Act.
2. Inquiry - Has the City received the signed contract of ACCs
change of ownership (franchise). He is still going for the
$4.00,000.
(Hope this makes sense to you Chuck!)
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CALL RETURNED WANTS
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WAS IN ❑ URGENT ❑
WJ7/44J
JAMES N. HORWOOD
ATTORNEY AT LAW
SPIEGEL & MCDIARMID
1202) 879-4000
1350 NEW YORK AVENUE. N.W.
WASHINGTON. D.C. 20005-4798
Track 3: "Telecommunications Players"
Telecommunications providers and some of the projects they are involved with.
Presenters:
Nathan Felde, NYNEX Science and Technology
Brian Ralla, GTE
Larry Moore, Lotus Development Corporation
Peter Hampton, The Yankee Group
Moderator:
Irwin Hipsman, Executive Director, Cambridge Community TV
I/ •
Presenters:
rack 4: "Internal Management, Community
Education, Regujtory Isues:
Specificall
Inquiry o
State Cabl
tic
eS's by the Massachusetts
ommission"
syr ass 'N/2
SITE L1,
ATRIUM
Gennah Gail Copen, Copen & Lind Consultan
Barbara Bishop, Board of Directors, Winthrop Access TV
Peter Epstein, General Counsel, The Communications
Moderator:
Rika Welsh, Executive Director, Malden Access TV
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Track 5: "The Role of Media Arts Centers for Access"
This panel will focus on the potential role of the independent media arts for cable access television,
primarily from the point of view of cable access programs.
Presenters:
Julie Levinson, Curator, Mixed Signals
Chuck Sherwood, Executive Director, Cape Cod Community TV
Karen Helmerson, Film/Video Arts
Susi Walsh, Newton Television Foundation.
3:30 - 4:00 P.M. BREAK
4:00 - 5:45 P.M. THIRD CONCURRENT WORKSHOPS
Track 1: "Nonprofits and Their Needs"
CCTV STUDIO B
A workshop to help nonprofit organizations understand how to use access television to present their
programs to target audiences and educate them about issues. Presenters will come from nonprofit
organizations. They will show clips of their programs and speak about the values and problems in
using access.
w r
CITY OF ITHACA
SENIOR DISCOUNT CERTIFICATION
I, , hereby certify that I am
over sixty-five (65) years of age, having been born on
residing at
phone # I further certify that my household
income in the last calendar year was less than $15,000 and that I
am therefore eligible for a Senior Citizen Discount on my basic
cable television service rate.
I submit the following documents in proof of the foregoing:
AGE
1. Driver's License 3. Passport
2. Birth Certificate 4. Other
INCOME
5. New York Income Tax Return 7. Other -
6. Federal Income Tax Return
PROOF OF RESIDENCY
8. Telephone Listing
9. Copy of Utility Bill
10. Lease (or rental
receipt)
11. Other
Signature
I hereby certify that I have examined the indicated
documents and that they confirm the facts asserted by the
applicant. I therefore request that the Senior Citizen Discount
be extended as offered by ACC.
City Clerk
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