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MINUTES Access Oversight Committee (AOC) (as approved December 1, 2020) Tuesday, November 10, 2020 at 5 PM.
The AOC held its meeting by ZOOM Conferencing (thanks to Paulette Rosa, Town Clerk, Town of Ithaca). Present: chair Rich DePaolo, Gossa Tsegaye, secretary Wayles Browne, Common Council liaison Rob Gearhart, vice chair Wies van Leuken; employee of Charter: Mike Montesano, Sr. Manager, Programming, Charter Communications; members of the
public Sue Perlgut, Tony Ingraham, William Metro. Montesano introduces himself as Access Studio Coordinator Lauren Stefanelli's boss (also covering Rochester and other access facilities), and says that Stefanelli is having momentary difficulties connecting and that Lauren Kelly (Director of Government Affairs - Finger Lakes Region, Charter Communications) is expected to join us later.
01. Call to Order by R. DePaolo, 5:03. 02. Agenda Additions and/or Deletions: DePaolo adds Consideration of executive session after item 09 and before adjournment (as item 09a).
03. Public Comments. T. Ingraham is concerned about the Nexus not having been replaced so as to enable access programming, and about the apparent impasse with Charter. If the impasse is not resolved, producers lose their time. Unacceptable!
S. Perlgut addresses herself to Montesano of Charter, speaking as a former member of the AOC and a longtime producer: why is Lauren Stefanelli no longer allowed to produce the "Pegasys Presents" program which has been so useful? Montesano: Public access cable is for the public to use; staff should not make the shows any longer. Perlgut asks him to rethink that, and DePaolo points out that
Stefanelli is also a member of our community and a subscriber, so she can wear all these hats. Montesano: I'll get back to you on that. Ingraham: Stefanelli has been doing this for over 30 years. We have decades of tradition of having her create a space for community organizations. 03a. Comments by AOC members. G. Tsegaye recalls that he was the first paid
coordinator of Public Access. At that time, the community felt that he should not produce shows, since he was part of the corporate image. He served in 1977-78, then resigned to continue his studies. So it's not a new issue. (Access Studio Coordinator Lauren Stefanelli is now able to connect.) DePaolo: let's add "03a. Comments by AOC members" as a standing agenda item
after "03. Public Comments." Perlgut leaves. 04. Approval of Minutes of the October 6, 2020 Meeting. Moved by Van Leuken, seconded by Gearhart. Approved without change 5-0.
05. Access Studio Coordinator Report, presented orally. DePaolo: it would be good to resume the practice of written reports.
a. Charter's Maintenance and Repair Report, per Section 15.8. No report.
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b. Purchase of 3 laptops and software. Stefanelli on replacing the editing laptops: we now have a quote on 3 laptops. We also need new software for them, because the existing editing software can't be transferred. Montesano has the quote and will soon
forward it (it is for approximately $5000 for the computers, approx. $200 for software).
c. PEGASYS’ operations during the COVID-19 pandemic – update. Stefanelli refers this to Montesano. Montesano: currently all studios are closed to the public till further notice as a precaution; this is the best way to minimize exposure.
Stefanelli is still doing remote equipment signout, but the studio is closed.
d. Channel 13’s absence of programming since September 29th – report. Stefanelli: I haven't been in AOC's discussion with Lauren Kelly [Director of Government Affairs - Finger Lakes Region, Charter Communications], so I can't give an update.
Questions from AOC members. DePaolo to Montesano: Is there any reason why
Stefanelli can't provide a written summary before meetings so we can look at it? Are you [Montesano] the person that decides? Montesano: I think a verbal report is just as good. DePaolo: AOC does not. W. Browne: Is Montesano the person who decides Stefanelli should not write
reports?
Montesano: I'll revisit this with Stefanelli before the next meeting. DePaolo stresses the usefulness of reports for public meetings. Tsegaye: Has it been cumbersome for Stefanelli's work? Are you saying she's overwhelmed? She is a person with many years of experience.
Van Leuken: tell us more about the quote for software: the necessary information
for passing a resolution. Stefanelli: $100 for each copy of it. 06. Member Reports a. Playback System - discussion. At this point Lauren Kelly joins the meeting by
phone, apologizing: she's been under the weather.
DePaolo asks Charter staff about ways to get Channel 13 up and running in the interim before a definitive solution. Is there news from the City of Ithaca about using their old NEXUS? Stefanelli has no news; the City Clerk has promised to get back to her.
Gearhart: the City had thought it would trade the old equipment in, but in the end
couldn't do this. The City is still working on its upgrade (= new NEXUS) but that will be important only when the City goes back to in-person meetings (maybe another month). DePaolo asks again about the City's old server; (to Montesano) you said there was a shortage of qualified personnel? Montesano agrees, but is not familiar with the
equipment; Lauren Kelly wrote a letter, which the AOC saw. DePaolo: so there is no
engineer available? Kelly: will circle back and get an answer. Stefanelli: Scott Kronenbitter is the City's Information Systems Manager. Charter's engineer checked out the iNet. There is an incompatibility between PEG's analog system and the City's partly digital system. Gearhart: Kronenbitter may or may not have
the necessary background but is willing to try to help.
Tsegaye questions Montesano: Charter is raising the issue of Stefanelli's involvement in Public Access. When she helps the City, what is she doing at City meetings? What is her job? Montesano: Part of the franchise is her supporting the
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Government Access channel, so she has been telecasting meetings. Tsegaye: So Charter provides Public, Educational, and Government channels, but... Montesano: Public means the people in the community provide the content. She is there to support.
DePaolo: Can you name the section of the franchise that lets Stefanelli provide services for the city and not for the public? Stefanelli: §15.10 of the Ithaca franchise cites staff coverage of City meetings. DePaolo continues to ask about playback: I haven't heard back from the School District. Is there anybody locally who can respond to compatibility issues?
Stefanelli: The contractors that disconnected the City's old equipment are video-audio experts. They have to come back to fix the City's new system. Kronenbitter is busy on other projects now but will later work with them. DePaolo: Van Leuken had a note about Jim Blizzard. I'll reach out to him.
b. I-Net “end equipment” maintenance cost shift. Section 16.12– response City Attorney. DePaolo: the City Attorney is aware of the correspondence but has no official response yet. Per §16.12 the franchisee agrees at its own cost to maintain the backbone and end equipment. So it seems Charter has financial responsibility. Who can sort this out? Of the items listed in the quote, what is part of the iNet backbone and what
is end equipment?
Montesano: Kelly is off for a moment, will be back. DePaolo: the Access Coordinator might be able to answer in coordination with Charter.
c. PEG channel availability on Spectrum App and Smart TV. DePaolo cites
Section 15.1: "basic tier, available to all subscribers ... made available at no charge to any user..." So Spectrum cable box is now the only way to get PEG, which contravenes the above if I'm a user and I can see every other channel but not PEG. Montesano (can't reply, needs to refer to the legal department).
DePaolo: "You can have the Spectrum Experience via the app" is what a Spectrum
store would tell me. Are there any other channels that are on the cable box and not on the app? Montesano: can't answer. That's a different department. Will ask. Browne: Spectrum shoots itself in the foot, squanders public good will, by not making PEG channels available to all.
DePaolo shows a screen from Spectrum's website where Spectrum claims to offer
all content via streaming. Quotes from the site: "If your Spectrum TV subscription includes the channel, you can log in and see it." "You can also check out the channel lineup in your area." On "Starter TV" channel 13 is listed, so it should be available on the app. Does Montesano understand the issue? There is a "pay wall" affecting Smart
TV users. This is in contravention of the franchise; it's discriminatory. This is serious, a
legal issue. Van Leuken: a beautiful clear account of the situation. Gearhart echoes this. DePaolo: We're literally talking about 60% of subscribers who use Smart TVs and so don't have PEG available.
Tsegaye: Did the franchise recognize the coming avalanche of digital TV?
DePaolo: "at no charge to any user" is the vital language. Analog to digital conversion was mentioned in the franchise but three digital channels take much less bandwidth than three analog channels.
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d. Re-opening the PEGASYS building – discussion of possible scenarios. DePaolo: New York State has guidelines allowing media facilities to be open up to 50%
capacity with social distancing. Charter has gone above and beyond this requirement.
Charter has a laudable concern for health of employees, though seemingly not for those at the Spectrum store where many more people come in. In a non-hot-spot like Ithaca, where everybody follows state guidelines, couldn't Charter follow state guidelines in studios?
Montesano: I don't think that's a fair question for me; I don't work for the retail
stores. DePaolo: Do you know any other Charter facilities that are normally open to the public? Montesano: to the best of my knowledge, facilities open to the public are only studios and retail stores.
Tsegaye: The small size of the studio might be a consideration.
DePaolo: Can you maintain social distance and less then 50% capacity? That's the NYS guideline. So I'm concerned when I see Charter unequally applying rules. At this point DePaolo allows member of the public and producer Will Metro to
speak (he hadn't been able to before because of audio problems). Metro: I think we can
reopen properly because there are small studios inside the facility. Tsegaye: Is the ventilation system and the cleaning of the building adequate? (T. Ingraham leaves.) DePaolo recalls State guidelines; Gearhart agrees: there are special guidelines for
media facilities. DePaolo sees arbitrary application of a well-intended policy. Where's
the interim plan? What do we do in the meantime? e. Purchase of 3 laptops and software – resolution.
Resolution Access Oversight Committee (AOC) Tuesday, November 10, 2020 Use of AOC’s 2020 Budget Contingency
for editing software for 3 new Laptops
WHEREAS, the AOC’s 2020 Budget included a $10,000.00 contingency to purchase equipment as needed for the functioning of Public, Educational and Governmental access operations (PEG) operations; and
WHEREAS this budget was subsequently approved by the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights); and WHEREAS, on July 7, 2020 the AOC approved an amount not to exceed $5,000.00 to
replace three laptops; and
WHEREAS the current editing software owned by PEGASYS is not compatible with the operating system of these laptops; and
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NOW, THEREFORE BE IT RESOLVED, that the AOC approves the use of the 2020 Budget Contingency for the purchase of Premiere Elements editing software for the
three new laptops, to be purchased in technical consultation with the Access
Coordinator and AOC, in an amount not to exceed $300.00. Moved by Van Leuken, seconded by Browne. Passed unanimously, 5-0. Van Leuken asks: how long will it take to get the software? Stefanelli: It was available
Oct. 31. Montesano: can send a request to Accounting. It should be before the end of
the year. Please send an e-mail to me with the text of the resolution. f. Publicity, outreach and networking. DePaolo has found a list of PEG access facilities in New York state; he will reach out to them to ask about their structure and
issues. He will report at the next meeting.
g. PEGASYS' Access Rules - annual review. DePaolo: AOC needs feedback from Charter before changing the Manual. Van Leuken has proposed new Covid-19 pandemic rules, citing New York State guidelines, which we should be able to adopt.
Browne: Montesano can't see the document; we need to send it to him.
Resolution Access Oversight Committee
Tuesday, November 10, 2020 Resolution of Approval to add Section IX to the current Policies and Procedures Manual
WHEREAS, the current Policies and Procedures Manual (“Manual") for the PEGASYS Community Media Center (“PEGASYS”) was approved by the Access Oversight Committee (“AOC”) on March 3, 2020; and
WHEREAS, the AOC wishes to amend the Manual because operating PEGASYS
during the COVID-19 pandemic requires certain changes; and WHEREAS, these changes are described in the attached Section IX “Additional Policies and Procedures during the Covid-19 Pandemic”;
NOW THEREFORE BE IT RESOLVED, that the AOC approves the addition of the attached Section IX to the Policies and Procedures Manual of March 3, 2020.
Moved by van Leuken, seconded by Gearhart. Approved Unanimously 5-0.
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Policies and Procedures Manual (3/3/20) IX. Additional Policies and Procedures during the Covid-19 Pandemic
This section describes the additional rules and procedures in effect during the Covid-19 Pandemic. They will temporarily amend the rules and regulations of Sections I – VIII of this Manual, in particular the rules for studio use, equipment check-out and hours of operation.
When open to the public during the pandemic, PEGASYS will operate in accordance with the rules and guidelines for “Media Production,” enumerated by New York State, as part of its “Reopening New York” initiative. PEGASYS operation may also be subject to directives and guidelines of New York State and the Tompkins County Health
Department.
In addition to the guidelines enumerated by New York State, PEGASYS users will be subject to the following rules:
a. Equipment check out and media drop-off.
To facilitate equipment check-out and media drop offs, the PEGASYS entryway vestibule will be used as a social distancing-safe “airlock.” Equipment and media must remain there for 24 hours before can be handled again. Requests for equipment must be made by phone or Email and a precise time for pick-up will be set for staff to unlock
the outer door. When equipment is returned and media are picked up, the same rules
will apply in reverse order. b. Hours of Operation and PEGASYS Building Rules Hours of operation will remain the same, except that PEGASYS will only be open for
those activities allowed under the rules described in this section.
1. PEGASYS Staff is available by Email, phone or Zoom. 2. Staff will notify producers by Email of all changes as soon as they become known
and copy the members of the AOC on such communications. A summary of current
rules and guidelines will also be posted on the Studio’s bulletin board next to the entrance door. 3. Concerns should be brought to the AOC when they cannot be resolved by Staff.
Van Leuken has proposed one more change in the rules for sections III and IV, also concerning commercial rentals. AOC tables this until the next meeting.
h. Usage Fees – annual review of impact, collections, levels and use. Tabled till
the next meeting.
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i. Staffing levels and Business Hours - annual review and recommendations. Tabled till the next meeting.
07. Old Business
a. Franchise Agreement. DePaolo: I, City Attorney Ari Levine and Charter's Director of Local Government Affairs and Franchising Amanda Lanham have been in touch to recall where we stopped 2 1/2 years ago. Lanham will produce a draft reflecting that before Thanksgiving.
08. New Business. Van Leuken: can there be text on the screen of Channel 13 to explain why there is no signal? Stefanelli: Channel 13 is doubling the Government channel at the moment. Right now the County and City control Channel 15, I don't. You should approach Jim Blizzard
for the County and the City Clerk for the City.
Tsegaye, under New Business: we need to be very careful about language, keeping a professional attitude on how we deal with others. DePaolo: we have an obligation to our producers and the public. Let's keep to fact-based argument.
Van Leuken: shall we place L.Kelly's letter in the Minutes? DePaolo: for
transparency, yes. [see pdf attachments] Also place the New York State guidelines in the Minutes (as a link). Link: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/MediaProduction_M
asterGuidance.pdf.
09. Next meeting: 5 pm, Tuesday, December 1, via Zoom. 09a. DePaolo asks for a motion to go into executive session for the purpose of
discussing finances of a particular corporation. Moved by Gearhart, seconded by
Tsegaye. Adopted 5-0. DePaolo asks Stefanelli, Montesano, and Metro to leave. Gearhart moves to come out of executive session. Tsegaye seconds. Adopted 5-0. DePaolo: no action was taken by the committee during executive session.
10. Adjournment. Motion by Gearhart, seconded by van Leuken. Adopted 5-0. Adjourned at 7:02. ================ Authority: City of Ithaca code Chapter 18, "Cable Access Oversight Committee". Adopted by the Common Council of the City of Ithaca 11-5-2003 by Ord. No. 2003-17. Available at https://ecode360.com/8386207.
Contact information for AOC members: City of Ithaca: Wayles Browne, secretary <ewb2@cornell.edu>. City of Ithaca: Rob Gearhart, Common Council liaison 2019- <rgearhart@cityofithaca.org>. City of Ithaca: member Gossa Tsegaye <gossavision@twcny.rr.com>, <tsegaye@ithaca.edu>. Town of Ithaca: Rich DePaolo, chair <rd@richdepaolo.com>, <RDePaolo@town.ithaca.ny.us>. Village of Cayuga Heights: Wies van Leuken, vice chair <pmv4@cornell.edu>.
Web site for the PEGASYS Community Media Center studio, with program schedules: http://pegasys.webstarts.com/index.html studio location: 612 West Green Street, Ithaca, New York
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mailing address: 519 West State Street, Ithaca, NY 14850 phone (607) 272-7272
fax (607) 277-5404 PEGASYS staff: studio manager Lauren Stefanelli <Lauren.Stefanelli@charter.com>