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Home My WebLink AboutMN-AOC-2021-08-03 1 MINUTES Access Oversight Committee (AOC) (as approved Sept. 7, 2021) Thursday, August 3, 2021 at 5 PM outside PEGASYS Community Media Center 612 West Green Street, Ithaca, NY Present: secretary Wayles Browne, Common Council liaison Rob Gearhart, vice chair Wies van Leuken. Excused: chair Rich DePaolo. No representative of Charter Communications was present. 01. Call to Order by Van Leuken 5:10. 02. Agenda Additions and/or Deletions: none. 03. Public Comments: none. 04. Comments by AOC members: none. 05. Approval of Minutes of the July 8, 2021 Meeting. Moved by van Leuken, seconded by Gearhart, approved as submitted 3-0. 06. Access Studio Coordinator Report submitted in writing (attached). a. PEGASYS’ operations during the COVID-19 pandemic – update. AOC reviewed the Covid-19 Guidelines that were included with the report. Van Leuken will forward the AOC’s comments to Stefanelli: what "Forms" are referred to in paragraph 1: does this include some new forms from Charter in addition to the Covid health questionnaire? In that case they should be forwarded to the AOC for their review. Paragraph 2 states that “Names must be included on studio and edit applications…”. These application forms are not required by the PEGASYS Manual. Why are they used? The AOC needs to see copies of these forms. Paragraph 2 further states: “All crew must wear ….” The AOC wishes to require face coverings for "All cast and crew" rather than just "All crew". Paragraph 3 states: “All Access Users and Cast must be signed in via sign in sheet and or Envoy”. Are Access Users the same as the crew and persons of paragraph 2? The AOC should be provided with a copy of the sign-in sheet if it is different from the Covid Health Questionnaire. And what is meant by "Envoy" in paragraph 3? Paragraph 5 states: “Confirmation e-mails will be sent to all cast and crew listed on an accepted application”. This procedure must be clarified as neither is required in the current PEGASYS Manual. Van Leuken will forward these comments to Stefanelli and will also let her know that we want a requirement for vaccination (rather than a question "Have you been vaccinated?" in the questionnaire). Van Leuken will send an e-mail to producers: the studio is open but you must ask Stefanelli for the conditions on using it. b. Balance of collected Subscriber Fees through 2020 - report. We are still 2 waiting for Charter to provide the figure as of December 31, 2020. A resolution requesting this information was moved by van Leuken, seconded by Gearhart: Equipment Fund Balance WHEREAS, the City of Ithaca’s current Franchise Agreement with Charter Communications, Inc. (“Charter”) requires Charter to provide the Access Oversight Committee (AOC) with an annual report on the activities of the Facilities and Equipment Fund; and WHEREAS, the AOC, at its regular meeting of February 2021, requested to know the balance of the Facilities and Equipment Fund as of December 31, 2020 and has requested this information at every subsequent meeting without receiving it; now therefore be it RESOLVED, that the AOC urgently requests Charter to inform the AOC of the balance amount of the Facilities and Equipment Fund as of December 31, 2020, and to do so by August 31, 2021 for review at the September meeting. Approved unanimously, 3-0. c. Release of Producer’s Contact Information – report. No reports. Tabled till the next meeting. d. Charter's disclaimer bookending public access programs - report. See correspondence with Charter included below. Further discussion next month. 07. Member Reports a. Charter’s Compliance with Franchise Agreement Section 15.9. AOC observes that bills to subscribers for the month of July now include the information required, as follows: "Spectrum Operates 1 Local Community Access Studio in the Ithaca Area. Spectrum's Community Access Channels are available for cable casting non- commercial programming to the municipalities served by Spectrum. The studio, equipment and training will be provided by Spectrum's local television studios or local franchise residents may submit pre-produced programs. For more information, contact: PEGASYS Media Center: 612 W. Green Street, Ithaca NY 14850. Phone 607-272-7272 PEG.NY@charter.com " b. PEGASYS’ operations during the COVID-19 pandemic – Resolution. The AOC received an Email from Lauren Kelly, Director of Government Affairs - Finger Lakes Region, Charter Communications, that PEGASYS would re-open on August 2, 2021. The AOC learned from producers that used PEGASYS services since then, that new rules and paperwork were introduced beyond the 3 Covid-19 Health Questionnaire that is included below. A resolution to remedy this situation was moved by Gearhart and seconded by van Leuken. PEGASYS Community Media Center rules WHEREAS, the City of Ithaca’s current Franchise Agreement with Charter Communications, Inc. (“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, the Rules made by the AOC are listed in the current PEGASYS Policies and Procedures Manual (“the PEGASYS Manual”); and WHEREAS, the AOC at its regular meeting of June 1, 2021, conducted a final review of Charter’s Public, Educational and Governmental Access Rules and Guidelines (“Charter’s Manual”) dated January 2021, and determined that Charter’s proposed document did not give “submitted evidence of deficiencies” of the PEGASYS Manual, but offered to re-open the review upon further evidence; and WHEREAS, recently Charter, without the knowledge of the AOC, unilaterally introduced a series of new and additional rules and forms for PEGASYS, many of which were included in Charter’s Manual of January 2021; now therefore be it RESOLVED, that effective immediately, the rules by which PEGASYS operates will be only those described in the PEGASYS Manual, including its amendments; and be it further RESOLVED, that the AOC requests Charter to rescind all new policies, rules, forms and procedures not approved by the AOC, effective immediately. Approved unanimously, 3-0. c. Communications with City Attorney’s office: The AOC discussed what we may expect form the City Attorney. Gearhart will send a message including questions about: Charter's fresh new rules; the i-Net; Open Meeting Rules (can public participate remotely?). Can we invite the Attorney to one of our meetings? d. Equipment purchases: no report. For next meeting. e. Release of Producer’s Contact Information – review of Charter’s report. See 6c. f. Charter’s disclaimer – review of Charter’s report: no report. g. Bulletin Board, TBA and Archive Programs: no report. For next meeting. h. Publicity and Outreach. For next meeting: would Ithaca College students 4 of Communications in the Park School help with a publicity campaign? Gearhart will explore this. 08. Old Business a. Franchise Agreement negotiations: no report. b. Franchise agreement non-compliance letter: no report. c. Inclusion of PEG Channels on Spectrum App: no report. d. I-Net “end equipment” maintenance cost shift: no report. 09. New Business. Gearhart will follow up with the City of Ithaca concerning Gossa Tsegaye's resignation from AOC and the need for a new member (a City resident). Van Leuken will inform producers of the vacancy and attach the City’s application form for applying for membership on a committee. She will also forward today’s resolutions to Stefanelli. 10. Next meeting: Tuesday, September 7, 5 pm. Place TBA. 11. Adjournment 6:28. ================ 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 5 Lauren Stefanelli PEG Coordinator Access Oversight Committee Meeting Ithaca, NY Coordinator Report 8/3/2021 Equipment Maintenance/Repair Issues: • No issues this month Equipment Recommendations:  • No new recommendations this month PEG Rules and Guidelines:  • Updated Covid Guidelines, see next page Cablecast Common Council/Other Meetings Monthly Summary (Gov. Access Channel): 7/07 Ithaca Common Council  7/21 Planning and Economic Development Committee Meeting 7/28 City Administrator Committee Meeting Non‐Resident Summary: • Current balance for PEG Usage Fees as of 8/3/2021 PEGASYS Fees Report Name Municipality Date of Membership Amount Total 2020 Total $479.00 Andy Finkle Dryden January, 2021‐ June, 2021 $20.00 $20.00 Ndjombe Titi Newfield January, 2021‐ June, 2021 $20.00 $20.00 Current Total $519.00 2021 Equipment Purchase Report: Ithaca 2021 Equipment Purchase Report Vendor Quantity Item Individual Cost Total Total 0 519 W. State St. | Ithaca, NY 14850 P (607) 272‐7272 Lauren.Stefanelli@charter.com 6 Lauren Stefanelli PEG Coordinator Covid‐19 Guidelines • Hours of operations will be by appointment only. Forms must be filled out prior to visit and approved by coordinator.   • Only essential individuals for PEG production will be allowed to enter production facility. Names must be included on studio or edit applications. Any non-essential personnel and visitors (e.g., friends, family, guests, visitors) are prohibited from entering the production facility. All crew MUST wear acceptable face coverings at all times within the production facility.   • All Access Users and Cast must be signed in via sign in sheet and or Envoy (where applicable).   • All Access Users will ONLY be permitted in applicable designated areas (i.e. edit, control room, studio, etc.).   • Confirmation e-mails will be sent to all cast and crew listed on an accepted application. A Covid-19 health questionnaire will need to be completed and submitted on the day of their scheduled session. If we do not have e-mail address for all, the producer will be responsible for making everyone listed on their application aware of the questionnaire that MUST be completed and submitted.   *All are required to comply. This policy is subject to change with the introduction of additional public health guidelines from local, state and federal authorities.   519 W. State St. | Ithaca, NY 14850 P (607) 272‐7272 Lauren.Stefanelli@charter.com 7 COVID‐19 HEALTH QUESTIONNAIRE Please note that ALL individuals entering the facility MUST complete and submit this Questionnaire prior to entering the facility. Name: ____________________________________________  Show Title: ________________________________________  Scheduled Date & Time in Facility: _______________________________ 1. Do you have a fever above 100.0 degrees?   ☐Yes ☐No 2. Do you have any Covid‐19 symptoms, including: Fever or chills   ☐Yes ☐No Cough   ☐Yes ☐No Shortness of breath or difficulty breathing   ☐Yes ☐No Fatigue   ☐Yes ☐No Muscle or body aches   ☐Yes ☐No Headache   ☐Yes ☐No New loss of taste or smell   ☐Yes ☐No Sore throat   ☐Yes ☐No Congestion or runny nose   ☐Yes ☐No Nausea or vomiting   ☐Yes ☐No Diarrhea   ☐Yes ☐No 3. Are you aware of being in close contact (within 6 feet for 15 minutes or more) with someone in the last 14 days who has been diagnosed with COVID‐19 at the time of your contact?  ☐Yes ☐No 4. Have you been vaccinated? ☐Yes ☐No   8 Richard P. DePaolo Councilperson, Town of Ithaca 215 North Tioga Street Ithaca, NY 14850 July 19, 2021 Mr. William F. Bly  Vice President, Associate General Counsel Charter Communications  400 Washington Blvd.  Stamford, CT 06902 Dear Mr. Bly, I am in receipt of your response to my request on behalf of the Ithaca Access Oversight Committee (AOC), as its Chairperson, that Charter Communications immediately discontinue its unilateral and potentially unlawful airing of disclaimers before and/or after programming on our public access channels. Your reply cites no statutory or regulatory language, or case law, to support its assertions, and contains several erroneous assumptions. Please allow me to respond. “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.” Speculating about what customers are “likely to conclude” does not provide a legal basis for the unilateral airing of any content, including disclaimers, by Charter Communications. Charter does not run disclaimers on its commercial channels. Therefore, wouldn’t customers also be “likely to conclude” that Charter is responsible for that content? After all, customers are presumably not made privy to the negotiations and “contractual protections or limitations” that you allege protect Charter on commercial channels but not on PEG. Absent knowledge of those protections, why wouldn’t Charter feel the need to run disclaimers to make sure that its commercial viewers know that it isn’t responsible for that content? “Forcing Charter to take responsibility for programming over which Charter has no control violates Charter’s First Amendment rights.” Requiring Charter to abide by the statutory prohibition on the usurpation of channel “capacity” does not “force” it to take “responsibility for programming.” Charter’s responsibility (or lack thereof) for programming on PEG channels is not altered in any way, regardless of whether or not disclaimers are aired. The FCC has opined that Cable Operators are not liable for public access programming, a default protection extending from their lack of editorial control. Furthermore, our producers and content providers sign an agreement which completely indemnifies Charter against claims arising from content. Finally, since Charter has no right to utilize any public channel “capacity” without the expressed consent of AOC, there can be no First Amendment claim. AOC does not seek to abridge Charter’s right to express its views on channels over which it retains control, but the Committee continues to assert its conclusion that it has no obligation to allow Charter’s views to be expressed via public access channel “capacity.” 9 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. Whether or not other franchising entities indicate interest in requiring Charter Communications to abide by the limitations articulated at 47 USC 531 is immaterial. AOC has requested, and reiterates its request, that Charter cease from airing any content without the expressed consent of AOC. Based on Committee discussion, AOC would potentially consider an alternate scenario in which Charter and AOC jointly devise a bulletin board slide that periodically informs viewers that content providers are responsible for programming on PEG channels, not Charter. In conclusion, it is curious that your reply steers clear of claiming legal authority to utilize channel “capacity,” it merely indicates that the practice is widespread within the Charter “footprint,” and that Charter would like it to continue unabated. Furthermore, your reply is silent on the definition of “capacity,” as it appears at 47 USC 531, and does not address AOC’s concerns (articulated in the same email to which you respond) regarding Charter’s continued exclusion of PEG channels from the Spectrum App, in direct violation of the City of Ithaca Franchise Agreement, Section 15.1, which mandates that PEG channels be made available “at no charge to any user.” Since subscribers are currently required to rent a cable box for $8.95 per month to access PEG channels, while all other channels are made available via the “app” without the need for a cable box rental, PEG channels are not being made available “at no charge to any user.” In addition, subscribers who elect to receive their content via the “app” are still subsidizing PEG channels via franchise fee kickbacks and a monthly capital equipment “surcharge” in support of channels to which they have no access. They are paying for nothing and would, no doubt, be quite surprised if made aware of that fact. I look forward to your prompt response to these pressing matters. It is the desire of AOC to reconcile outstanding issues before issuing a formal letter of non‐compliance pursuant to Section 7.1 of the Franchise Agreement. Also, it would serve both parties to resolve these lingering compliance discrepancies, as franchise renewal negotiations are poised to resume. With regards,