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MINUTES Access Oversight Committee (AOC) (as approved February 2, 2021) Tuesday, January 5, 2021 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; Access Studio Coordinator Lauren Stefanelli; employees of Charter: Mike Montesano (Sr. Manager, Programming, Charter Communications), Lauren Kelly (Director of Government Affairs - Finger Lakes
Region, Charter Communications), Mark Meyerhofer (Sr. Director of Government
Affairs); members of the public Jim Blizzard, Fred Balfour. 01. Call to Order 5:02 by DePaolo.
02. Agenda Additions and/or Deletions: none.
03. Public Comments: member of the public and producer Theresa Alt sent a written statement, which was read aloud. "I am Theresa Alt of 206 Eddy Street, City of Ithaca. Full disclosure: Wayles Browne is my husband.
I have been a volunteer at PEGASYS since 1995 and a producer since 2001.
Spectrum has been making it very difficult to produce video for Channel 13. The channel was simply shut down for weeks due to their refusal to buy a piece of equipment. They have made it nearly impossible to air TBA shows, although there is clearly a need for more content while the pandemic makes production difficult.
It is my impression that Spectrum is trying to kill Public Access Channel 13, perhaps to end all cable television in Tompkins County. I urge the municipalities involved to join in legal action."
04. Comments by AOC members. Tsegaye asked if information for the meeting could
be presented differently when there is so much of it, perhaps with a summary? I need more time to form an opinion. DePaolo: we'll consider the suggested resolutions one by one. Gearhart asks if we have rules on submitting documents in advance, as some bodies do. Gearhart thanked Alt for her statement. DePaolo asks Montesano if he wants to
respond. Montesano: there is no holdup on TBA broadcasts of shows. All I ask is for Lauren [Stefanelli] to keep track. Browne: What is the nature of the record keeping? Montesano: studio coordinator keeps records on a spreadsheet and gives a report at the end of the month. DePaolo: What is the purpose of the reporting? There is no published Program Guide. Montesano: It is for our own knowledge. It gives us an
understanding of the day to day programming. Browne asks Montesano: As we know, some federal documents include a statement of the estimated time required to fill them out. How many minutes would you estimate it takes the studio manager to enter info for a program? Montesano: I do not know. Lauren would know.
05. Approval of Minutes of the December 1, 2020 Meeting. Discussion: DePaolo: the minutes say that info was going to be forthcoming from Charter about PEG channels being available on the Spectrum app. Lauren Kelly: It's still
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forthcoming; we have a scheduled internal meeting tomorrow. DePaolo to Montesano: we had also requested a policy document concerning the function of the Access Studio coordinator and her participation in production of shows. Montesano: the holidays delayed our response but it is forthcoming (policy document
and studio coordinator questions).
DePaolo to Kelly: the minutes also show that AOC asked about information being provided to subscribers about the availability of PEG channels (the Franchise says this must be provided annually). Kelly: I raised this with our legal department. I e-mailed you a request last month for more info on this. DePaolo: We asked about Charter’s
compliance with Section §15.9 of the Franchise Agreement. Will you have it for the next
meeting? Kelly: yes. DePaolo to Gearhart: Can we still try to get Ithaca College students to help with outreach projects, as mentioned in the minutes? Gearhart: Yes, but we need to ask for them before the next meeting. DePaolo: let’s talk after this meeting.
Minutes moved by Tsegaye and seconded by Gearhart, adopted without change 5-0.
06. Access Studio Coordinator Report, submitted in .pdf format [included below]. a. Purchase of 3 laptops and software - update. Stefanelli: The new laptops arrived as ordered, equipped with the latest Premiere Elements editing software. I was also
able to successfully upload all three of them with our existing software, Adobe Premiere
version CS6.
b. PEGASYS’ operations during the COVID-19 pandemic – report. DePaolo: Is the facility still closed with the same rules about using equipment? Stefanelli: Yes.
07. Member Reports
a. Term Renewals. DePaolo notified the City that his term needs renewing. b. Election of Chairperson, Vice Chairperson and Secretary. Tsegaye moved to nominate DePaolo for Chair, Van Leuken for Vice Chair, and Browne for Secretary. Seconded by Gearhart. All three elected 5-0.
c. Adoption of Meeting Time. Tsegaye moved, Gearhart seconded to keep the meeting time at the first Tuesday of each month at 5 pm. d. Review of educational institutions' equipment use and needs. Stefanelli: It's been 10 years or more since we got a response from any educational institutions. The AOC agreed not to do further outreach this year.
Montesano: Is this the time to discuss i-Net use for educational needs? About 98% of educational use is via the i-Net. DePaolo: we have a later agenda item for that (see 9a); but can you give us a tabulation in writing? e. Playback System - update. DePaolo: Channel 13 has been back on the air since December 8. What about Channels 15 and 16? Stefanelli: Ithaca College has had a few
events on Channel 16. The County is cablecasting their Zoom meetings on Channel 15. The County’s technician has also been cablecasting Zoom recordings from City meetings on Channel 15. Van Leuken: we very kindly thank the City for the donation of their Nexus. The AOC discussed disposition of the PEGASYS’ crashed Nexus. Browne: Does AOC
own the broken Nexus and the Nexus that the City donated? DePaolo: AOC has authority over the use of the equipment. Van Leuken: that authority is in the Franchise Agreement at Section 15.3 – 2.
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A resolution on the Nexus’ disposition was moved by Browne, seconded by Gearhart. Disposition of PEGASYS’ crashed Playback System (“Nexus”)
WHEREAS PEGASYS’s Nexus broadcast server crashed on May 6, 2020; and
WHEREAS Leightronix, its manufacturer, no longer supports the device and no longer makes replacement parts for it, making replacement the only option; and
WHEREAS, the City of Ithaca donated its Nexus to the Access Oversight Committee
(AOC) on December 8, 2020; and WHEREAS, this Nexus has since been successfully installed at PEGASYS; and
WHEREAS, Section 15.3 - 2 of the City’s 2003 Franchise Agreement with Charter
Communications, Inc. d/b/a Spectrum in New York State, (“Charter”) states that Participating Municipalities shall approve the use of Public, Educational and Governmental (“PEG”) access equipment; and
WHEREAS, Section 18-4A of the Code of the City of Ithaca gave this authority to the
AOC; NOW BE IT RESOLVED that it is the AOC’s decision that the crashed PEGASYS Nexus be donated to the technical staff of the Governmental Channel; and
NOW BE IT FURTHER RESOLVED that the donation of said Nexus be completed no later than January 6, 2021 during PEGASYS business hours. Resolution passes 5-0.
The AOC discussed connecting a converter box to activate the studio’s Nexus’ second MPEG player. Montesano: this is used equipment from E-Bay. Charter avoids used equipment. There's no current playback activity on Channels 15 and 16 that would need the converter. All the programming is using the i-Net.
DePaolo: But if the converter were deployed, the studio coordinator could then play shows on the education channel? Montesano repeats that there's nothing now that needs it. DePaolo to Stefanelli: what would the second Mpeg player be used for? Stefanelli: to cablecast Zoom recordings of School Board meetings and City meetings, which the
County staff is now cablecasting in the interim. DePaolo: So there is some level of enhancement that this converter could provide. It's a simple device but it needs a professional to install. Tsegaye: who would pay for the "qualified installer"? DePaolo: First we'd have to find one and ask the price. Tsegaye: should we add a clarification to "investigate hiring"?
DePaolo: We'd discuss it at a future meeting. The box is at PEGASYS awaiting deployment. Van Leuken moved and Browne seconded the following resolution.
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Activation of the converter box for the PEGASYS’ Nexus second MPEG player WHEREAS PEGASYS’s current Playback System (“Nexus”) has a second MPEG player to be used for cablecasting programs on Channels 15 and 16 (the Government
and Education channels) that requires a converter box that converts from SDI to analog
video/audio; and WHEREAS, there is such a converter box at PEGASYS ready to be connected to the Nexus; and
NOW, THEREFORE BE IT RESOLVED, the AOC requests Charter’s assistance to connect the converter box to the Nexus at its earliest convenience, but not later than January 12, 2021, after which time, the AOC will investigate hiring a qualified installer.
The resolution passed 5-0.
Kelly asks for a copy of the resolution. f. I-Net “end equipment” maintenance cost shift - update. g. Inclusion of PEG Channels on Spectrum App - update.
DePaolo suggests moving discussion of items f. and g. to “9. New Business."
h. Subscriber Information – report from Charter. See item 5 above for discussion. i. PEGASYS Access Studio Rules.
DePaolo: Kelly sent an e-mail late this afternoon with a suggested set of rules for Pegasys from Charter. There has not been time to review it. Kelly: agrees we can't tackle it tonight. DePaolo: We'll look at it next month. Van Leuken proposes that the March 2020 Manual and its many amendments of the
last several months, be called "PEGASYS Policy and Procedures Manual of January 5, 2021." She read a proposed text. Gearhart moved and van Leuken seconded the following resolution. Amended PEGASYS Policies and Procedures Manual WHEREAS, the AOC approved amendments to the PEGASYS Policies and Procedures Manual (“the Manual”) of March 3, 2020 on November 11, 2020 and December 1, 2020; NOW BE IT RESOLVED, that this amended Manual will from now on be referred to as
PEGASYS’ Policies and Procedures Manual of January 5, 2021. AOC votes 5-0 to use this title. Van Leuken proposed a draft resolution on Charter’s new rules for the Bulletin Board. It
was moved by DePaolo and seconded by Gearhart: “DRAFT Resolution Rules for Channel 13’s Bulletin Board
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WHEREAS, Public, Educational and Governmental (“PEG”) Access Television was created to provide a public free speech forum; and WHEREAS, Federal Cable and Telecommunications Acts permit local governments to require local cable operators such as Charter Communications, Inc. d/b/a Spectrum in
New York State, (“Charter”) to provide channel space (“Access Channels”) for Public,
Educational and Government; and WHEREAS, in accordance with national, state and local regulations, PEGASYS, Charter Communications and municipalities may not exercise editorial control of program content on Access Channels, except to prohibit commercial or obscene programming; and
WHEREAS, the City’s 2003 Franchise Agreement and Chapter 18 of the Code of the City
of Ithaca gives the Access Oversight Committee (AOC) the authority to oversee and make rules for PEG Access Television and PEGASYS in Tompkins County; and WHEREAS, those Rules were created by the AOC and are in the PEGASYS’ Policies and Procedures Manual (“the Manual”); and
WHEREAS, Section VII.4 of the Manual describes the rules for the Bulletin Board as
follows “The Community Bulletin Board (CBB) is an electronic calendar of upcoming community events, running on the Public Access channel when local programming is not scheduled. It is available at no charge for non-commercial events. Space is limited to a few lines of text: what, when, and where the event will be held, and contact information, if
desired. Items for the Community Bulletin Board should be Emailed to:
Lauren.Stefanelli@charter.com”, which rules have served the community for many years without problems or controversies; and WHEREAS, Charter recently directed PEGASYS Staff to follow a set of additional rules regarding the Bulletin Board including, but not limited to, allowing only notices of dated
events, requiring the notices to be reformatted to Charter’s specifications that exclude the organization’s logo and requiring prior review from Charter before they can be posted on Channel 13; and WHEREAS, not only has the implementation of said rules severely limited the use of the Bulletin Board, making it all but disappear from Channel 13 and thereby hindering the
purpose of PEG Access Television to provide a public free speech forum, but it also constitutes editorial control of program content, which is a violation of national, state and local regulations; and NOW, THEREFORE BE IT RESOLVED, that effective immediately, the only rules in effect for the Bulletin Board are those described in Section VII.4 of the Manual.”
DePaolo asks about the additional rules from Charter. Van Leuken: I don't know the precise rules, but I ran up against them in December when I submitted a notice that was rejected because it was for an undated event. DePaolo: Is there competition for bulletin-board space? Why not run open-ended
events? ["Open-ended" or "ongoing" referred to notices for repeating events, e.g. "the third Tuesday of each month," as opposed to the apparent requirement for "only notices of dated events."] Montesano: We're OK with open-ended events, but it's more helpful to cite specific dates and times. And we're not excluding logos. When you say "prior review", I'm
reviewing items first but not censoring them. Montesano: If a group prefers "third Tuesday" that might not be so informative but so be it if that's what the group wants.
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Gearhart: Is the issue that there isn't room to say e.g. "Jan. 19, always the 3rd Tuesday"? DePaolo to van Leuken: Submit the notice again and see if it airs. Let's assume good faith, let’s withdraw the resolution for now, and revisit it next month if needed. The AOC
agreed.
Montesano has a question about the e-mail address to be used in submitting items (directly to Stefanelli rather than to Charter's shared e-mail address?). DePaolo asks Stefanelli: Would changing the address hinder your ability to put up an announcement in
a timely fashion? Stefanelli doesn't think so. Van Leuken: I'd prefer to keep the system
we have now, since Ithacans know Stefanelli's e-mail. Stefanelli: the multi-system e-mail has been on our bulletin board and our info for non-profits for a couple of years now. Van Leuken: right now, the Manual just lists Stefanelli's e-mail.
The AOC discussed a draft resolution on studio rules moved by Tsegaye and seconded
by Browne on Charter’s new studio rules. DePaolo asks: Is it true that Charter halted simulcasts? Montesano: The playback device is not wired for the radio station. The old Nexus was set up differently from the present Nexus. We'll look right away into getting back the connection. It's not a policy
problem. I'll work with Stefanelli and [engineer] Paul Cullings.
DePaolo: The resolution still has value. Let's strike the reference to WRFI and to TBA-scheduled programs and just state that we have one set of rules, those of the Manual. DePaolo moves to strike "WRFI" and "TBA" from the text, seconded by Gearhart.
Vote: 4 (DePaolo, Van Leuken, Tsegaye, Gearhart) - 0 - 1 (Browne) on the amendment. The amended resolution is then voted on. Resolution on Studio Rules
WHEREAS, Public, Educational and Governmental (“PEG”) Access Television was created to provide a public free speech forum; and WHEREAS, Federal Cable and Telecommunications Acts permit local governments to require local cable operators such as Charter Communications, Inc. d/b/a Spectrum in
New York State, (“Charter”) to provide channel space for Public, Educational and Government access; and WHEREAS, in accordance with national, state and local regulations, PEGASYS, Charter Communications and municipalities may not exercise editorial control of
program content on access channels, except to prohibit commercial or obscene programming; and WHEREAS, the City’s current Franchise Agreement with Charter and Chapter 18 of the Code of the City of Ithaca gave the Access Oversight Committee (AOC) the authority to
oversee and make rules for PEG Access Television and PEGASYS in Tompkins County; and
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WHEREAS, those Rules made by the AOC are in the PEGASYS Policies and Procedures Manual (“the Manual”); and WHEREAS, Charter has directed access staff to implement rules that are contrary to
those of the Manual without prior AOC consultation or approval; and
WHEREAS, these rules moreover work against the purpose of PEG Access Television, which is to provide a public free speech forum;
NOW, THEREFORE BE IT RESOLVED, that effective immediately, the rules by which
PEGASYS operates will be only those described in the PEGASYS Policies and Procedures Manual of January 5, 2021 (“the Manual”); and BE IT FURTHER RESOLVED that in particular Charter shall not exercise editorial
control over the PEG channels nor influence its contents.
Resolution passes as amended: 5-0. Van Leuken understands that some programs cannot be broadcast in a timely fashion
because of Charter’s requirements for time-consuming record keeping. Montesano asks
for clarification of what this is about. DePaolo: Has van Leuken seen some obstacle to requesting a program be scheduled within 5 days? Van Leuken: I had requested TBA reruns of "Over the Shoulder" programs (the show she produces). Stefanelli: There's no guarantee that a TBA show will be shown at any
particular time. DePaolo: Let's revisit this at a future date. If there's a difficulty, we'll have to address it in the context of the Manual. Montesano: There's no limit on TBAs. If Stefanelli wants to schedule them, she can. Van Leuken introduces a resolution about the Nexus’s automatic program guide.
DePaolo: What's the "automatic program guide"? Are you using the program guide on the Nexus? Montesano: We went to a different slide presentation. This doesn't keep Stefanelli from scheduling programming; it lists a schedule on the screen. Van Leuken: Not using the program guide takes Stefanelli longer to put shows on the schedule. DePaolo: Is there a functional difference between the two systems?
Montesano: Perhaps Stefanelli can tell you more about it. Stefanelli: Yes, it takes a great deal more time to use the current system. DePaolo moved and Browne seconded the resolution. Resolution on the efficient use of PEGASYS’ Nexus WHEREAS, the City’s current Franchise Agreement with Charter Communications, Inc. d/b/a Spectrum in New York State, (“Charter”) and Chapter 18 of the Code of the City of Ithaca give the Access Oversight Committee (AOC) the authority to oversee and make
rules for PEG Access Television and PEGASYS in Tompkins County; and WHEREAS, said Franchise Agreement and City Code also give the AOC the sole authority to approve the use of PEG access equipment; and
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WHEREAS, Charter currently requires PEGASYS staff to bypass the automatic program guide of PEGASYS’ playback system (“the Nexus”) and instead requires that new programs be entered manually; and
NOW, THEREFORE BE IT RESOLVED, that, effective immediately, PEGASYS staff will begin using the program guide of the PEGASYS Nexus again and in general will make full and efficient use of the Nexus’ capabilities.
The resolution passes 5-0. We want to see the program guide used again.
j. Publicity, outreach and networking - Outreach Pamphlet for Non-for-Profits DePaolo will talk to Gearhart and Tsegaye on a project with Ithaca College students discussed at item 4. Re the pamphlet: Van Leuken proposes to table it for now.
08. Old Business a. Franchise Agreement. DePaolo: no proposals received yet from Amanda Armstrong (Charter).
09. New Business
a. Discuss forthcoming draft Franchise Section 7.3 Notice of Violations: Section 15.1: Availability of access channels to “all subscribers” at “no charge” Section 16.12: I-NET Maintenance Costs DePaolo: "Notice of Violations“ is the mechanism to get an official response from
Charter, so in consultation with the City Attorney we're drafting a document referring to the availability of channels on the app and to i-Net maintenance costs. Montesano: 1) You asked about getting quotes from other vendors. I now have a quote from another vendor for equipment; no quote from them on installation or training yet. 2) i-Net: With the amount of programming that's coming across it for channels 15 and 16, it
would be a cost saving of ca. $8000 if just 1 Nexus could be purchased instead of 2. Stefanelli: there have been programs on channels 15 and 16 that I've been responsible for such as School Board meetings and reruns of City meetings on 16, which I can schedule from the City's Nexus, once installed. Maybe the City could also accommodate reruns of School Board meetings on that Nexus, but that's not guaranteed.
Montesano: Or maybe School Board meetings could be on the Public Access channel. DePaolo: That still doesn't answer the question of who's responsible for i-Net equipment costs. If we send an official letter, we'll expect a response within 30 days. And Re the access channels on the app: Channels 13, 15 and 16 were on the app for some period, but then a decision was made to exclude them. My app brings me local TV network
affiliates and only fails to bring Channels 13, 15 and 16. I went to the Spectrum store to inquire whether a set-top box was needed for the entire Spectrum experience, and they said it was not. We'll be citing "available to all subscribers at no cost" in our Notice. DePaolo: will send the Draft to AOC, hopefully before the next meeting.
b. Discuss potential other violations for Notice. No reports. 10. Next meeting: Tuesday, February 2, 2021, at 5 pm.
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Montesano asks for copies of the resolutions that were passed. DePaolo will forward them. 11. Adjournment 7:09.
================ 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: https://pegasys.webstarts.com/index.html studio location: 612 West Green Street, Ithaca, New York 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
Access Oversight Committee Meeting PEG Coordinator Report 1/5/2021
Equipment Maintenance/Repair Issues: 3 new edit laptops and Premiere Elements software received on 12/24/2020. Equipment Recommendations: There are no new recommendations this month.
PEG Rules and Guidelines:
We would like to make suggestions to update policies and procedures to the PEG Rules and Guidelines document at the beginning of 2021. Cablecast Common Council/Other Meetings Monthly Summary: 12/02/2020- Ithaca Common Council Meeting- Prepared for playback on Gov. Access
Channel.
12/16/2020- Planning and Economic Development Committee Meeting- Prepared for
playback on Gov. Access Channel.
12/21/2020- City Administrator Committee Meeting- Prepared for playback on Gov. Access
Channel. Non-Resident Summary:
Current balance for PEG Usage Fees as of December, 2020 is $479.00.
PEGASYS Usage Fees Report: Fees Collected and Spent through December, 2020
Total Balance 2019 $495.00
Name Municipality Period Amount Status
Greg Levins Rental 2/20/2020 $25.00 PAID
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Wies van Leuken Awards Entry Fee 3/2/2020 $15.00 PAID Fred Balfour Dryden Town Jan-June $20.00 PAID Andy Finkle Dryden Town Jan-June $20.00 PAID Andy Finkle Dryden Town July-December $20.00 PAID Total Fees 2020 $100.00 Authorized Payments To For Payments Date PEGASYS Awards Judges Lunch -$20.00 3/8/2020 PEGASYS Awards Tumblers -$14.00 3/8/2020 Production HD Webcam -$82.00 3/8/2020 Total Payments 2020 -$116.00 Total Balance 2020 $479.00