HomeMy WebLinkAboutMN-AOC-2021-07-08 1
MINUTES Access Oversight Committee (AOC) (as approved August 3, 2021)
Thursday, July 8, 2021 at 5 PM Aurora Conference Room, Town Hall, Ithaca, NY The Committee met in person but also provided a Zoom connection. Present: vice chair Wies van Leuken, chair Rich DePaolo, secretary Wayles Browne, Common Council
liaison Rob Gearhart; member of the public Tony Ingraham. Attending via Zoom:
Access Studio Coordinator Lauren Stefanelli, members of the public Patrick Pinney and Jim Blizzard. 01. Call to Order by DePaolo, 5:03. The meeting was recorded via the Zoom link.
02. Agenda Additions and/or Deletions: none. 03. Public Comments. Pinney: referring to plans for live streaming of channel 13 pursuant to a proposal he submitted at the March 2, 2021 meeting; he has been
working with Blizzard on an equipment list. Blizzard uses a game capture device to get
the signal for streaming; sees no reason yet to buy a dedicated computer for that. But won't be monitoring the live stream continuously, so will need an uninterruptible power supply (in case of power outages). Blizzard gave the AOC additional information by e-mail, as follows:
"Here is some information about equipment for streaming channel 13 live on YouTube, and for remote
shoots to go live on any PEGASYS channel.
For the live stream I use:
• digital to analog converter connected to the Spectrum RF cable, to send the Channel 13 signal
to a video capture device (Cisco DTA 271HD)
• video capture device capable of inputting analog video to connect to a computer with internet
access (elGato Game Capture HD)
• computer with Windows 7 or Windows 10, though Windows 10 allows a more updated version
of the elGato Game Capture HD software
For remote shoots:
• video source (camcorder, etc.) sending the output to:
• video encoder (Marshall Electronics VS-102-HDI) which converts the analog source to a digital
format which sends video through the internet to
• video decoder (another Marshall Electronics VS-102-HDI, set to be a decoder) which turns the
video back to analog to go onto an access channel
I use a lightweight video switcher, the Black Magic Design ATEM Television Studio HD, that allows 8
video sources to be connected at once. It is controlled from software on a laptop or other computer, but
also has front panel buttons for basic functions. It has a 20-frame image store which accepts Photoshop
PSD files with or without transparency to use as titles. It would be great if it had a 200-image capacity,
but you can add or delete titles during a shoot. The ATEM software has a Photoshop plugin to export
directly to the switcher. The switcher has multiple audio inputs, and they are also controlled by the
software. The switcher is connected through a standard Ethernet cable to your computer."
Browne suggests that Pinney and Blizzard write an expanded version of this letter;
DePaolo suggests including prices.
Blizzard suggests: let's do a trial simulcast till we see if there's interest. Or we could get equipment right away, and put in a remote-controllable computer. DePaolo: Let's now
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talk about buying just the video-capture device for live streaming and discuss remote
shoots at a later date. Stefanelli: confirms that the balance of the Usage Fee fund is
sufficient for this purchase. Blizzard: I will buy it and give Stefanelli the receipt for reimbursement. A resolution to approve purchase of an elGato video capture device was moved by
DePaolo, seconded by Browne:
WHEREAS, plans to develop live streaming capacity of the public access channel got final approval at the regular Access Oversight Committee (AOC) meeting of May 4, 2021; and
WHEREAS, additional equipment is needed to get this live streaming underway; NOW THEREFORE BE IT RESOLVED, that the AOC authorizes spending up to $120.00 from the Usage Fee fund for an elGato video capture device.
Passed 4-0. 04. Comments by AOC members. DePaolo announced that member Gossa Tsegaye has resigned by letter dated July 7, 2021 which DePaolo will forward to the City Clerk.
The AOC expressed their appreciation for Tsegaye’s work on the committee and his
lifelong commitment to Public Access. 05. Approval of Minutes of the June 1, 2021 Meeting. Moved by DePaolo, seconded by Gearhart. Approved 4-0 without change.
06. Access Studio Coordinator Report, submitted in writing by L. Stefanelli (attached). WRFI radio audio is now the background audio to the Community Bulletin Board. The Nexus has been running without further problems. DePaolo: was the Nexus overheated? Stefanelli: I spoke to the engineer. He will check things out when he
returns from his vacation.
a. PEGASYS’ operations during the COVID-19 pandemic – update. No updates on reopening. Stefanelli: Lauren Kelly (Director of Government Affairs - Finger Lakes Region, Charter Communications) will address re-opening. DePaolo: earlier today I made a formal request to Charter to re-open. The Town Board and Common Council
meetings are in person and open to the public. Stefanelli: if any organizations are holding Zoom meetings, remember that we can broadcast Zoom recordings. DePaolo: Town meetings are on YouTube. b. Balance of collected Subscriber Fees through 2020 - report. No confirmation report from Lauren Kelly.
c. Release of Producer’s Contact Information – report. No confirmation from Lauren Kelly. Van Leuken: in my experience as a producer, when Stefanelli is asked by members of the public for my contact information, all they want is my Email address. d. Charter's disclaimer bookending public access programs - report. Earlier today L. Kelly forwarded a letter from Charter's Associate General Counsel William F. Bly
[attached]. AOC discussed it. The letter justifies Charter’s disclaimer without citing legal backing. DePaolo: Our position (against the disclaimer) is actually quite strong. We
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reached out to the PSC (New York Public Service Commission); an opinion has been
promised. The outstanding question remains, what is Charter’s definition of “capacity”
as described in 47 USC 531? Van Leuken: The president of the Alliance for Community Media suggested negotiating for better wording. She quoted the text of Time Warner Cable's slide that was used on the Bulletin Board earlier. DePaolo: Let's wait for the PSC. We don't want a disclaimer before and after each
show. Any disclaimer that airs is subject to AOC's approval (per 47 USC 531). Gearhart:
Have we suggested moving it to the bulletin board? AOC: no, but might be a solution. 07. Member Reports a. 2022 Budget – Resolutions from City, Town and Village approving the AOC’s
recommendations: the Town of Ithaca passed its resolution at its June 14 meeting; the
City of Ithaca on June 2; the Village of Cayuga Heights on May 19. b. Communications with City Attorney’s office. DePaolo: The office is not responsive; perhaps we could invite the Attorney to an AOC meeting. Rich will write and invitation. Gearhart: If the office is overburdened, it could take on an outside
attorney for a specific purpose. DePaolo: But we'd want someone able to speak for
the City's policy. We could convene a special meeting to fit the Attorney's schedule; maybe entirely via Zoom if we still have an exception to the Open Meetings Law.
c. Equipment purchases/2021 budget. No reports. Keep on the agenda. d. Release of Producer’s Contact Information – review of Charter’s report. No report
submitted. Keep on the agenda.
e. Charter’s disclaimer – review of Charter’s report. Discussed under 06d. f. Bulletin Board, TBA and Archive Programs. Van Leuken: There is a lot of bulletin board on the channel; Stefanelli seems to be tied to stringent rules about filling in the schedule, but with nobody from Charter in attendance, we can't find out in detail.
DePaolo: was there a substantial change in the rules? Stefanelli: A year ago I was asked to stop cablecasting anything that was not a regular program. I used to fill in the empty slots with TBA/archive programs the day before. There was discussion and Mike Montesano introduced a compromise: add a few Archive Blocks to the schedule and run them for a month. DePaolo: you used to have more discretion on what to do with empty
timeslots. Do we want to see a reversion to former policy? Van Leuken: recalls that the Manual still gives Stefanelli that discretion and Montesano shouldn't override it. DePaolo agrees: this is not OK. This might be solved when the question about "capacity" of the channel is answered. Van Leuken will send DePaolo a copy of the resolution that AOC passed regarding this.
g. Publicity and Outreach. AOC should research potential sources of content in each of our municipalities, e.g. Town or Village meetings to show on the Government channel. The simulcast [streaming] initiative is another form of publicity/outreach. 08. Old Business
a. Charter’s Compliance with Franchise Agreement Section 15.9. Lauren Kelly said that the info about availability of a Public Access channel would be on monthly bills. Van Leuken: It wasn't on the past month's bill. We'll keep an eye out. b. Franchise Agreement negotiations: no report. c. Franchise agreement non-compliance letter. This requires input from the City Attorney.
d. Inclusion of PEG Channels on Spectrum App. DePaolo has written to the PSC, with a copy to Charter [attached].
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e. I-Net “end equipment” maintenance cost shift. This topic will also be in the non-
compliance letter.
09. New Business. Van Leuken: producers keep expecting the studio to re-open but never hear anything about it. DePaolo: it would be good to put a slide on the bulletin board, saying Charter is still keeping the studio closed. Shall AOC submit a slide?
Van Leuken asks if Stefanelli can send an e-mail to producers, just saying that Charter
has closed the studio but AOC advocates opening it. (Stefanelli can't.) DePaolo to Stefanelli: when was your last communication to producers? Stefanelli: when the studio closed. DePaolo asked van Leuken to distribute an Email to producers letting them know that is the studio is still closed per Charter’s corporate policy.
10. Next meeting Tuesday August 3, 2021. 11. Adjournment 6:25. ================
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>. 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
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Charter
COMMUNICATIONS
Access Oversight Committee Meeting
Ithaca, NY
Coordinator Report 6/01/2021
Equipment Maintenance/Repair Issues:
None
Equipment Recommendations:
None
Cablecast Common Council/Other Meetings Monthly Summary:
Zoom meetings prepared by PEG coordinator for playback on Gov. Access Channel.
• 6/2- Ithaca Common Council • 6/16- Planning and Economic Development Committee Meeting • 6/23 - City Administrator Committee Meeting
City plans to recommence live meetings from City Hall on July 7.
PEG Rules and Guidelines:
• WRFI radio audio added as the background audio to the Community Bulletin Board.
Non-Resident Summary:
Current balance for PEG Usage Fees as of July 1, 2021 is $519.00.
PEGASYS Fees Report
Name Municipality Date of Membership Amount Total
2020 Balance $479 $479
Andy Finkle Dryden January, 2021- June, 2021 $20 $20
Ndjombe Titi Newfield January, 2021- June, 2021 $20 $20
Total $519
519 W. State Street Ithaca, NY 14850 P (607) 272-7272 PEG.NY@charter.com
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William F. Bly
Vice President, Associate General Counsel Charter
COMMUNICATIONS
July 8, 2021
Dear Mr. DePaolo,
I am writing in regard to an ongoing dispute Charter appears to have with the Access Oversight
Committee regarding disclaimers that Charter includes on its access channels, in Ithaca and
elsewhere where Charter is the PEG provider. Although Charter is required to make space available
on the access channels, and is prohibited from exercising any editorial control over the content
displayed on those channels, the channels themselves remain on Charter’s system. Because those
channels are on Charter’s system, absent the disclaimer, customers are likely to conclude that
Charter is responsible for the programming, when, in fact, it is not. Forcing Charter to take
responsibility for programming over which Charter has no control violates Charter’s First
Amendment rights. Moreover, the disclaimers serve the purpose of directing customers that might
have questions or concerns about the programming to the appropriate party.
Commercial channels do not provide an appropriate analogy for Charter’s use of disclaimers on the
access channels. In the commercial context, Charter has complete discretion to decide which
programmers to allow on its cable system and which to exclude, and to negotiate any contractual
protections or limitations it deems necessary. Charter does not have this discretion over the access
channels.
We are quite surprised by the Access Oversight Committee’s insistence on removing disclaimers
that Charter has included on access channels in many areas in its footprint, without complaint. This
is a standard practice, and we urge you to reconsider your position. The disclaimers themselves are
simply a statement of Charter’s actual relationship to the programming. If you have issues with the
way they are worded, we are willing to consider your suggestions.
Sincerely,
[signature]
William F. Bly
400 Washington Boulevard, Stamford, CT 06902 P 203.428.0312 william.bly@charter.com Page | 1
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From: Rich DePaolo <RDePaolo@town.ithaca.ny.us> Sent: Thursday, July 01, 2021 11:16
AM To: Mullen, Lauriann (DPS) <Lauriann.Mullen@dps.ny.gov> Cc: Paul M Van Leuken
<pmv4@cornell.edu>; E Wayles Browne <ewb2@cornell.edu>; Rob Gearhart
<rgearhart@cityofithaca.org>; Gossa Tsegaye <Tsegaye@Ithaca.edu>; Aaron Lavine
<ALavine@cityofithaca.org>; rhowe@town.ithaca.ny.us; lwoodard@cayuga-heights.ny.us; Kelly, Lauren
E <Lauren.Kelly@charter.com>; Montesano, Mike D <mike.montesano@charter.com>; Stefanelli, Lauren
M <Lauren.Stefanelli@charter.com> Subject: Definition of "capacity," re Charter program
"disclaimers." Exclusion of PEG channels from Spectrum App.
Lauri-
As a follow-up to our recent conversation regarding the definition of “capacity” related to Charter
Communications’ continued unilateral airing of disclaimers before and after our programming without
the consent of Access Oversight Committee, I provide a relevant email correspondence with Charter for
your review. Please read from the bottom up for chronology.
The outstanding question remains, what is your department’s definition of “capacity?” It is the view of
myself and the Access Oversight Committee that any rational definition of “capacity” extends beyond
“editorial control,” or “content,” per se. In our view, ANYTHING broadcast on our channels uses
“capacity,” and, as such, is subject to the discretion of the franchising authorities, not the cable provider,
pursuant to the relevant language at 47 USC 531 (cited below).
We would like at least an informal determination from your department prior to our July 8 meeting, if
possible.
Also, as we discussed, Charter continues to exclude PEG channels from its Spectrum “app,” while making
virtually every other channel available to subscribers via that portal. As I explained during our call, our
franchise agreement specifically requires PEG channels to be made available “at no charge to any
user…”. (See Section 15.1 of the attached agreement). Since subscribers can ONLY access PEG channels
by renting a cable box, at a cost of $8.95 per month, and have access to ALL other channels without that
extra expense, Charter has essentially constructed a paywall between subscribers and our channels, in
direct violation of our franchise agreement. Moreover, upon first-hand knowledge, Spectrum store
employees promote and market the “app” as an access point to one’s entire subscription experience,
without apparent knowledge of the exclusion of local programming.
Kindly weigh-in on these matters at your earliest convenience, as we are at impasse with Charter.
It is our hope to resolve as many matters as possible before issuing a letter of non-compliance. Please
assist us in coming to resolution.
Best regards,
Rich
Begin forwarded message:
From: Rich DePaolo <RDePaolo@town.ithaca.ny.us> Subject: Re: Applicable Cable Act Citation - Charter Disclaimer
Date: June 4, 2021 at 1:02:40 PM EDT
To: "Kelly, Lauren E" <Lauren.Kelly@charter.com>
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Cc: "Montesano, Mike D" <Mike.Montesano@charter.com>, Paul M Van Leuken <pmv4@cornell.edu>, Rob
Gearhart <rgearhart@cityofithaca.org>, Gossa Tsegaye <Tsegaye@Ithaca.edu>, E Wayles Browne
<ewb2@cornell.edu>, Aaron Lavine <ALavine@cityofithaca.org>, Rod Howe
<rhowe@town.ithaca.ny.us>, lwoodard@cayuga-heights.ny.us, "Stefanelli, Lauren M"
<Lauren.Stefanelli@charter.com>
Lauren-
I write with further clarification of the position articulated in my 5/21/21 email below, that unilateral airing of
programming “disclaimers,” in addition to unsolicited and unapproved aesthetic control over bulletin board slides,
music, etc., without the express consent of Access Oversight Committee, constitutes an unlawful taking of public
channel “capacity” pursuant to 47 USC 531: Cable channels for public, educational, or governmental use.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section531&num=0&edition=prelim
As you will see, paragraph (c) provides sole oversight over the "use of such channel capacity" to the franchising
authority, in this case, Access Oversight Committee, representing PEG municipalities.
(c) Enforcement authority
A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b). Please forward this correspondence to your legal department, so that Charter can come into compliance with the
provisions of the franchise agreement, which, by extension, requires adherence to all applicable laws and
regulations.
A plain reading of relevant statute can support no conclusion other than that content of any nature unilaterally
aired by Charter Communications without express consent of Access Oversight Committee, constitutes illegal “use”
of channel “capacity."
Please resolve this matter immediately.
Thank you,
Rich
On May 21, 2021, at 3:23 PM, Rich DePaolo<rdepaolo@town.ithaca.ny.us> wrote:
Lauren-
Thank you for providing Charter’s interpretation of the relevant sections of the Cable Act related to editorial
control.
With all due respect, the citation you offered does not mention “content.” It specifically prohibits editorial control
over “any public, educational, or governmental use,” and, more importantly, prohibits control over “any channel
capacity."
Any rational legal mind must conclude that content, which by its very nature uses capacity, simply can not be
unilaterally transmitted by Charter Communications. Continuation of the practice constitutes a taking of PEG
“capacity."
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The authority of Charter is strictly limited to refusal to transmit certain material which falls under strict definitions
of “obscenity, indecency, or nudity.”
Furthermore, our producers are already on the hook for the content of their programming, pursuant to terms
agreed to by both parties, which renders the need for disclaimers moot. Charter is, by default, not responsible for
content.
Finally, assuming for the sake of argument that your rationale is appropriate (which it isn’t), Charter also "can’t edit
the content" of programming offered by its commercial providers, none of which are being made subject to
mandatory disclaimers related to programming content.
This is an egregious and discriminatory violation of the Cable Act, and of the spirt of the franchise agreement, and I
will strongly advocate to the Committee that our forthcoming letter of non-compliance be modified to include this
issue.
Regards,
Rich
___________________________ Rich DePaolo Councilperson, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850
607.273.1721 (office) 607.351.6512 (cell)
Town Committees Planning Committee – Chair Public Works Committee Intermunicipal Committees Cable Access Oversight Committee – Chair Ithaca College Community Work Group Sewer Joint Committee of the Ithaca Area Wastewater Treatment Facility Cayuga Lake Watershed Intermunicipal Organization – Alternate Tompkins County Joint Youth Commission Ad Hoc Committees Economic Development Committee Short-Term Rentals Committee Sidewalks Committee
___________________________
On May 21, 2021, at 2:41 PM, Kelly, Lauren E <Lauren.Kelly@charter.com> wrote:
Rich,
I wanted to follow-up on your request to produce the applicable citation which allows Charter to utilize the
attached disclaimer. Please see the following language from the Cable Act:
“Subject to Section 624(d), a cable operator shall not exercise any editorial control over any public, educational, or
governmental use of any channel capacity provided pursuant to this section, except a cable operator may refuse to
transmit any public access program or portion of a public access program which contains obscenity, indecency or
nudity.” Cable Act Sec. 511(e), 47 USC 531(e).
Section 624(d) simple lets the cable operator and franchising authority establish requirements related to obscene
programming.
The slide in question is a simple extension of the rule that we are not allowed to exercise any editorial discretion
over the content. Because we can’t edit the content, and we are required to make the channel available, we are not responsible for the content of the programming and the programming does not reflect the opinions of the staff
and management of Charter.
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Best,
Lauren
<image001.png>
Lauren Kelly | Director, Government Affairs – Finger Lakes
585.340.8188 (O) | 585.797.5395 (M)
100 Town Centre Drive | Rochester, NY 14623
E: lauren.kelly@charter.com E-MAIL CONFIDENTIALITY NOTICE: The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If you are not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of
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