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HomeMy WebLinkAboutMinutes 1990DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION January 16, 1990 7:30 P.H. PRESENT: Hark Dziatkiewicz, Dave Haworth, Marlo McAllister, Don Sampen, Marcia Standiford, and David Haas of ECTv ABSENT: Clayton Brown, Ruth Smalley, Helen Joseph STAFF: Vince Adamus CABLEVISION: Dina April, Willie Edmundson, Tony Rupoli PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:40 MINUTES The minutes of the November 21, 1989- !Quad us submitted, there being no December, PUBLIC COMMENT (� At this time, there was no public comme COMMUNICATIONS Cablevision offer for Medicaid recipients/Subcommittee report This item was held over until later in the meeting, as Mr. Haworth of the subcommittee, had not arrived yet to present his report. Cablevision rate and channel changes The Commission reviewed a memorandum from staff concerning Cablevision's channel line-up changes and rate increases. Among other information, the memorandum reviewed the dropping of WWOR from Cablevision's line-up and the addition of TNT to the line-up, and the increase in basic cable service from $18.95 to $19.95, these changes being effective January 1, 1990. In response to Commission questions, CABLE COMMUNICATIONS COMMISSION Minutes of 1/16/90 . . . Page Two Dina April stated that only a handful of letters or negative comments had been received by Cablevision concerning these changes. Staff memo concerninc a position of syndicated exclusivity In response to Commission questions, Dina April related that there had been no requests to drop cable service, due to channel line-up changes or the imposition of syndicated exclusivity, from cable customers. 1990 meeting dates The Commission approved the 1990 meeting dates as submitted by staff. Consumer letters The Commission reviewed a letter from Robert Harmon of 2235 Asbury Avenue. In response to questions from the Commission, Mr. Edmundson replied that the problems had been cleared up since the receipt of Mr. Harmon's letter, and they were due to system problems which had been taken care of by Cablevision over the last few weeks. Chair Sampen questioned staff about the assignment of numbers to cable complaints. Staff replied that Mr. Harmon's letter had not been given an official complaint number, with the delineation being whether or not there seemed to be a specific resolution possible, or whether the complaint was just a voicing of concerns. Chair Sampen felt that Mr. Harmon's letter should have been given an official complaint number. Mr. Dziatkiewicz noted that the problem, according to the letter, appeared to be only in the Premium Service. Mr. Edmundson concurred. It was also agreed that Premium Service often has a small amount of video noise attributed to it. Mr. Edmundson, however, felt that Mr. Harmon had an inordinate amount of noise in his video picture, and the problem was taken care of during Cablevision's system work in the area. In response to Hs. McAllister's concerns, Mr. Edmundson stated that Mr. Harmon had not been given a financial rebate for service, nor had Mr. Harmon asked for one. In situations where there is complete outage of service, Cablevision will offer to give a financial rebate. The next citizen letter was from Mr. Ronald Tash, 2878 Sheridan Place. In response to Commission questions, staff noted that Mr. Tash had been given an official complaint number. Chair Sampen noted Mr. Tash's lengthy letter of December 14, noting the problems with Cablevision; namely, Mr. Tash had called customer service representatives who assured him that cable service could be established, and when the technicians arrived at fir. Tash's residence, they responded that cable service could not be provided because the cable line was not hooked up from the street, underground, to the house. This sequence of events - occurred twice. Mr. Rupoli noted that the manual records showed the underground link between the street and Mr. Tash's house. They were incorrect. Mr. Rupoli also noted that this was the first time such manual recordkeeping had been found to be in error. This area along Sheridan Place had been recently released to sales in 1989. Chair Sampen questioned whether or not Cablevision could give an CABLE COMMUNICATIONS COMMISSION Minutes of 1/16/90 . . . Page Three approximate time when service technicians would be at a home. Mr. Rupoli stated that generally, Cablevision can give a morning or afternoon listing to the customer. Often, Cablevision can not predict how long it will take to fix problems. For example, Mr. Rupoli noted that it took three days of labor to hook Mr. Tash up for cable. Chair Sampan stated that he felt that their service calls were not specific enough in time. For example, a couple who works all day would not know when to be home to receive the Cablevision staff members. Mr. Rupoli noted that Cablevision does schedule Saturday and after 5:00 p.m. appointments. Mr. Edmundson also noted that if a customer works nearby, Cablevision will call that person an hour beforehand, at work, so the person knows when to be home for the service call. The last letter was from Kenneth Sax of 1516 Greenwood. Mr. Sax was protesting the recent dropping of WWOR from Cablevision's line-up. Ms. April stated that she had responded to Mr. Sax concerning his protests. Mr. Haworth questioned if Cablevision members knew the percentage of time that WWOR would have to be blacked out due to syndex considerations. Ms. April responded that she did not know a percentage, but that many stations had claimed to be "syndex free." These stations would purchase other broadcast material and run it at the time of syndicated programming. However, many of these programs were not the type that customers would generally be interested in. Concerning Mr. Daniel Kritschevsky of 800 Custer Avenue, Mr. Edmundson noted that Mr. Kritschevsky is still a Cablevision customer and had received a month of free service on his primary set. Mr. Sampan noted a letter from Mr. Weiss who had been experiencing problems with his cable reception. Mr. Rupoli stated that the main problem was with the electrical setup and grounding system of Mr. Weiss's apartment. Mr. Rupoli had gone out with Cablevision representatives and explained directly to Mr. Weiss the electrical problem. Mr. Weiss understood that this was something he needed to take care of with his landlord. MEDICAID RECIPIENTS AND SUBCOMMITTEE REPORT Mr. Haworth noted that in Boston, a similar program was in effect in which approximately 2% of the subscribers were recipients of a similar Medicaid program. Relating that percentage figure to Evanston. approximately 160 would be eligible for this program. Mr. Haworth stated he was not sure whether the percentage figure would translate to Evanston, but that the 160 figure would be a good starting point. Chair Sampan questioned what the guidelines for Medicaid were. Staff replied that there were four general guidelines: 1) blind, 2) over 65, 3) totally or permanently disabled and 4) the presence of = dependent children. There were also income guidelines going along with these CABLE COMMUNICATIONS COMMISSION Minutes of 1/16/90 . . . Page Four 4 points, but staff had been unable to obtain the exact figures from the Illinois Department of Public Health personnel. Chair Sampen noted that these guidelines would probably not overlap on the people that would receive the 1,000 free grants program, and thus felt that the 1,000 free grants program should still be utilized. In response to Commission questions, Mr. Rupoli noted that the $9.95 rate for this medicaid program was not related to the recent price increase for basic service. Chair Sampen had noted that Irene McPhail had offered to make the 1,000 free grants available to people who had previously requested it regardless of the Medicaid program. He felt that there was no compelling reason to drop the 1,000 free grants program, and that we could still leave the program open to any Evanston residents that requested it. Commission members felt that we should loosen the income guidelines associated with the 1,000 free grants program in an effort to recruit more interested individuals. Mr. Haworth questioned whether or not the Commission should acknowledge in some way Cablevision's offer of the Medicaid program. Ms. McAllister noted that the 1,000 free grants program was still part of the franchise agreement and the Commission agreed that the hedicaid program, as an offer, should stand totally separate from the 1,000 free grants program. Ms. April noted that Cablevision's concerns in the matter were that potential customers would be confused between the two different programs. The Commission decided that this issue would be taken up at its next regular meeting and that the income guidelines would, at that point, be loosened in order to solicit more interested individuals for the 1,000 free grants program. Commission members noted that while loosening the income guidelines would be a good idea, they should not lose sight of the original intent of the program. In other words, this is a grant program designed to help the low income people that reside in Evanston as opposed to a program which simply gives something away. CONSUMER SERVICES The Commission reviewed the November and December Consumer Complaint reports. Mr. Edmundson noted that on the November report, all of the first page problems had been resolved; notably #226, 227. 228, 229, 230, 224 and 225. Also, complaint 11216 had been resolved. Likewise, #222 had been corrected, but Mr. Edmundson still needed to contact the customer to work out a service credit for the customer. Concerning the December Consumer Complaint report, Mr. Edmundson stated that complaint #233 would probably be resolved due to system work. Mr. Haworth noted that Cablevision seemed to be doing a lot of system work lately. Mr. Edmundson stated that most of this was routine maintenance, repairing and replacing items that had been damaged through normal use and weathering. Staff suggested the new formation of a new category for customer service complaints. After Commission debated this idea, it was decided that a new category entitled "Miscellaneous" should be provided and that when complaints = CABLE COMMUNICATIONS COMMISSION Minutes of 1/16/90 . . . Page Five were put into the Miscellaneous category, Choy should include a written description concerning the exact type of complaint. No. McAllister questioned the type of training that customer service representatives go through. Kr. Rupoli stated that all customer service opresentatives receive two weeks classroom training and one week on-the-job training. There is a high turnover in customer service positions due to the low salary and entry level nature of these positions, and Cablevision is always training new customer service representatives. New representatives are paid $5.00 or $5.50 per hour, and there were both part-time and full-time customer service representatives. There is also a 30 day review process and any customer that calls in and asks for one can get a supervisor on the telephone. CABLEVISION CUSTOMER SERVICE REPORT Chair Sampen noted that the subscriber tally was 8,373 as of the end of December. Hs. McAllister noted that the number of apartments constructed were not as high in 1989 as in 1988. Mr. Edmundson replied that there were a couple of large projects that Cablevision had been working on, for example hooking up 208 units in the Kellogg dormitories at Northwestern University, and 190 units at the garage and apartment complex now being constructed at Church and Chicago. Mr. Haworth offered to write Mr. Daniel Kritschevsky a letter from the Co=ission addressing fir. Kritachevsky's concerns and problems regarding the leakage problems. The Commission felt that this was a good idea and this could be done previous to the neat Commission meeting, and did not need prior Co=ission approval. PUBLIC COMMENTS -- CALL IN QUESTIONS There were no call in questions, but members of ECTv did comment on various items. David Haas voiced his opinion that ECTv would be very supportive of the 1,000 free grants program and is interested in seeing this program continue. Mr. Haas felt that with a little extra publicity, the 1,000 free grants program could be more productive. He also felt that it may be a good idea to advertise both the 1,000 free grants program and the Medicaid program offered by Cablevision, together. Chair Sampen said the Commission would be happy to accept any additional help in publicity or comments from members at ECTv concerning income guidelines for the 1,000 free grants program. Marcia Standiford felt that the survival of the 1,000 free grants program should not be dependent upon the number of people that are interested in it. The key to cable services is that it is an information service, as well as an entertainment service. Mr. Haas reiterated that there are many beneficial aspects to cable television. CABLE COX MICATIONS COKKISSION Minutes of 1/16/90 . . . Page Six The meeting was adjourned at 6:40 p.m. The next regularly scheduled meeting of the Commission is February 20, 1990 at 7:90 p.m., in room 2401 of the Civic Center. V cent Adamus cc: Joel Asprooth City Council ' DRAFT - HOT APPROVED Hinutes CABLE COMMUNICATIONS COMMISSION February 20, 1990 7:30 P.M. PRESENT: Hark Dziatkiewiez, Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen, ABSENT: Ruth Smalley STAFF: Vince Adamus CABLEVISION: Don Ashton, Tony Rupoli, Willie Edmundson OTHERS Marcia Standiford, and ECTv Board Member,Barbara Eckel PRESENT Jane Volberding, Executive Director of Commission On Aging, Sally Roethle PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:40 p.m. MINUTES The minutes of the January 16, 1990 meeting of the Commission were approved as submitted. PUBLIC COMMENT At this time, there was no public comment. COMMUNICATIONS Henry Hammel, Jr. Memorial Installation Program The Commission reviewed a memo from staff regarding new income levels to be determined by the Cable Commission. At this time, Marcia Standiford of ECTv spoke and voiced her opinion that this program should be made available to as many Evanston residents as possible. Also from the standpoint of simplicity's sake, the income guidelines should be the same as Cablevision's Medicaid Program. Thus, people could choose between the Henry Hammel, Jr. program or the Cablevision I w CABLE COMMUNICATIONS COMMISSION Minutes of 2/20.90 . . . Page 2 Medicaid program. Chair Sampen noted the rates for the Cablevision Medicaid Program would be $9.95 per month, approximately one half of basic service. Mr. Rupoli reiterated that the rates are not tied in with any other program and that this will be a program in, and of itself. At this time Jane Volberding described the Medicaid Program to the Commission members. She stated that using Medicaid as an income guideline for a program such as Cablevision's $9.95 Basic Service is very difficult due to the changing nature of Medicaid eligibility each month. A person's eligibility for Medicaid is determined each month by a combination of that person's medical bills and that person's ability to pay those bills. A Medicaid recipient also is restricted by certain asset limits, not including the home. The asset limits, however, do include monetary limits on the value of the person's automobile, jewelry and life insurance policy(s). From an administrative point of view, the Commission must determine how often the recipient will be checked for eligibility. On the basis of that task, Ms.Volberding recommended that the Commission chose a straight income based guideline for this program as opposed to a guideline such as Medicaid eligibility. which could change from month to month. Mr. Rupoli stated that as far as Cablevision's Medicaid program goes, recipients will be required to show verification two times per year at six month intervals. He also stated that recipients must show the current Medicaid card for eligibility. Ms Volberding explained that this was actually the low income medical assistance card. Chair Sampen noted that if Cablevision's Medicaid program does not actually measure eligibility, but public aid eligibility, then their program is actually reaching a broader base of Evanston's population than a strict Medicaid eligible program. This would be very beneficial to Evanston's residents. Chair Sampen noted that the Medicaid program is Cablevision's program that they are offering of their own accord, and that it seems to be a very fair program and beneficial to Evanston residents. The discussion concerning new income levels began with column three of the staff memo, dated February 15, which is double the poverty income guidelines for 1989 as set by the Federal government. This is also the income guideline used to designate low income residents for many Evanston funding agencies. when social service agencies apply for funding from these funding agencies, this level is the one used for =_ reporting the number of low income clients served. Ms. Standiford voiced her opinion that maybe the income guideline should be set higher so that more people could benefit from them. The - Commission reiterated the point that this program was designed for low income residents and was not designated as a give—away program for Evanston residents in general. Also, by starting out the income _ guidelines at a lower level the income guidelines can be reassessed at some future point and raised if the number of people wishing to be in - the program was still too low. t . CABLE COMMUNICATIONS COMMISSION Minutes of 2t20t90 . . . Page 3 Mr. Rupoli stated that looking at the franchise, one would note that the clause that deals with the income program is intended to meet the needs of the low income population. A lack of initial response to the program does not necessarily mean that the income limits should be raised. fir. Sampen noted that any of the five columns provided on the memo are indeed a measure of low income of some sort. In column five, however, the 80% median income for the Chicagoland primary metropolitan statistical area (PMSA) did not represent the needs of low income population. For' example, in a household size of 1, the income guideline was $23,350. Ms. Volberding stated that as far as the aged population was concerned, the best column for them would be column four. This is 50% of the median income for the Chicagoland PMSA. Ms. Volberding stated that column four's income levels are very similar to the Circuit Breaker levels, which would apply to many of the aged population. In response to Commission questions, Ms. Volberding stated that approximately 320 aged individuals in town live within criteria similar to column four. This does not include people living in the North Shore Hotel. Hs. Volberding noted that most social service agencies struggle because column three's income level is too low, and it is difficult to find eligible individuals. Often clients served by social service agencies tend toward the income levels set by column four. After a brief discussion, it was moved and seconded that the income guidelines under column four, i.e., the 501 income level for the Chicagoland PMSA for the Henry Hammel, Jr. Memorial Grants Program be used. The motion was approved 5 - 0. Mr. Rupoli noted that, assuming cable was already hooked up to the building, recipients of this program can be hooked up right away. Chair Sampen noted that we should review this in a few months to determine the relative success of the program. Chair Sampen also noted that this should be included in the Customer Service Report. In other words, number of people hooked up should be a new category in Cablevision's Customer Service Report. Mr. Edmundson agreed to this new stipulation. Staff was directed to publicize the new income guidelines for this program. Staff noted that a mailing would be going out to recipients of Township General Assistance, and in that mailing would be included information concerning the Henry Hammel, Jr. program. PUBLIC ACCESS - NEW LIBRARY BUILDING Ms. McAllister noted that Frank Sternberg of ECTv had made a presentation to the Mayor's Special Committee on the Library conveying ECTv's concerns about public access in the new library. Ms. Standiford noted that ECTv's communication to the Commission was preliminary, in that ECTv wanted to raise CABLE COMMUNICATIONS COMMISSION Minutes of 2/20/90 . . . Page 4 the issue now early in the game. Options for public access use in the library. Include a studio for ECTv, a studio for the library's own use, or simply including public service announcements on ECTv's access channel concerning the now library. Again Ms. Standiford noted that the communication to the Cable Commission was very preliminary. Chair Sampen noted that it is still too early for the Commission to adopt a resolution concerning this point. and that ECTv should first make contact with the Library Board. Ms. McAllister and Ms. Standiford agreed. Ms. McAllister noted that the design competition concerning the new library goes out this summer, and also asked that Ms. Standiford keep the Commission updated on how ECTv's work with the Library Board is progressing. Mr. Haworth questioned whether or not there was currently a modulator at the library, or if that was one of the chosen sites for a modulator. Ms. Roethle noted that the modulators are to be used for channel programming, and that there used to be a character generator at the Library, but the Library did not have any staff for programming. The Library does its own publicity and there is no cable origination at the Library. FCC NOTICE OF INQUIRY - 1984 CABLE ACT The FCC notice of inquiry had been sent previously to Commission members for the comments regarding re -regulation. Staff noted that Illinois NATOA would be sending a boiler plate copy to the FCC including comments from member municipalities such as Evanston. Prime areas that Illinois NATOA would be focusing on are rate increases, transfers of ownership, and customer service compliance issues regarding franchise agreements. Staff agreed to forward_ member comments, including the resolution previously passed, concerning the re -regulation issue to the Illinois NATOA for use in their document, which they would then send to the FCC. - MONTHLY COMPLAINT REPORT - CITY Concerning complaint #242 where an aerial drop exists at 600 South Blvd., Mr. Edmundson noted that Cablevision would respond and take down the aerial drop and go underground at that point. _ Concerning complaint #236 in the same block as complaint #242, the problem here was that a right-of-way agreement would be necessary from each of the townhome owners in order for the customer to get cable service. Concerning complaint 11235, Mr. Edmundson stated that this has been resolved. The problem had been that the proper procedure had not been used by the previous tenant in this building for transferring service to the new tenant. Therefore, when the new tenant called to cancel service, Cablevision could not respond immediately because the service was still in the previous tenant's name. f- s CABLE COMMUNICATIONS C0MMISSION Minutes of 2/20/90 . . . Page 5 Complaint #237 has also been resolved according to Mr. Edmundson. The converter was returned to Cablevision and the account has been cleared. Concerning complaint 11232 - poor signal, this has also been resolved, but Cablevision has not worked out an appropriate credit for the customer. CABLEVISION CUSTOMER SERVICE REPORT This item was accepted without comment. APARTMENT CONSTRUCTION LIST UPDATES 6 CABLEVISION MONTHLY CONSTRUCTION REPORT FOR JANUARY, 1990 Mr. Dziatkewicz questioned the Apartments Construction list. He stated that the "Refusals" category was understandable, even though it appeared to make up approximately 24% of the total units in the City. However, Mr. Dziatkewicz felt that the "No Contacts" category was far too large. This category appeared to make up 23% of the total units in the City. Mr. Dziatkewicz questioned why, after five years, there had been no contact on any of these buildings; had no one asked for service at these addresses? Mr. Edmundson responded that some of the buildings on the No Contact list had probably been contacted. When Mr. Edmundson began keeping records in 1985, if he found no records that the apartment had been contacted, he put them on the list. Mr. Dziatkewicz felt that progress was lacking in the No Contacts category, and that the Commission should prioritize the build up of the apartments listed in the No Contacts category. Chair Sampen felt that the concern up to this point had been dealing with requests for service, as opposed to incidents where there were no requests for service. However, this may constitute a breach of agreement in that the cable system was supposed to have been built within two years of system startup. Mr. Sampen felt that there was a difference between instances where there was simply no request for service from the Evanston resident and instances where the Evanston resident had requested service, but was not yet able to receive service. Mr. Dziatkewicz felt there was no difference between the two types of instances. Discussion then centered around whether or not the franchise agreement requires the building out of apartments where there has been no request for service on the part of residents. Mr. Rupoli stated that if the company were to build up apartments where there were no requests for service, _ this practice would increase the amount of time that it would take for those requesting service to receive service. The discussion then focused on what the franchise agreement defined as "built" or "unbuilt"; whether or not the cable access in the alley or on the street represented a built situation or whether each apartment building needed to be wired directly for cable in order for that building to be "built." In response to Commission concern about the No Contacts category, Mr. Edmundson stated that Cablevision's plan is to deal with those instances where =- CABLE COMMUNICATIONS COMMISSION Minutes of 2/20/90 . . . Page 6 contact has been made and the owner of the property is cooperating to provide cable service. Once these instances have been dealt With the apartments listed in the No Contacts category will be contacted for service. Ms. Joseph questioned whether some people in town may not know about the option for cable service. Mr. Rupoli stated that Cablevision, in conjunction with other cable operators around the Chicago area, planned to spend $7 million dollars in 1990 for advertising, both in print and other communications media. Chair Sampan stated that this is a worthy topic of discussion and that it should be included on next month's agenda with information to be included in the next packet. No. Roethle noted that in September of 1984 the Commission had agreed that substantial compliance existed for the franchise agreement regarding the build up of the system. At that time approximately 95% of the City had been built. The issue of residents in multi -family buildings not receiving cable service. however, is a good issue. The Commission adjourned at 8:45 p.m. on Tuesday, March 20, 1990. Mcent Adamus The next regular Commission meeting is DRAFT NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION April 17, 1990 7:30 P.M. PRESENT; Mark Dziatkiewicz, Dave Haworth, Marlo McAllister, Dan Sampen ABSENT: Ruth Smalley, Helen Joseph STAFF: Vince Adamus CABLEVISION: Dina April, Willie Edmundson, Don Ashton OTHERS Marcia Standiford, Lee Weiss, Susan Tash PRESENT: PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:40 p.m. MINUTES The minutes of the February 20, 1990 meeting of the Commission were approved as submitted. COMMUNICATIONS r- Evanston Community Television (ECTV) Annual Report - 1989 Ms. Standiford passed out copies of ECTV's 1989 Annual Report, noting the report is in three sections. Section one contains the highlights of 1989; section two contains general facts and figures, and section three is the analysis section. Areas such as training. administration, programming, and outreach are included in this section. Also. various problems are discussed. For example, the equipment is aging and in need of replacement. Ms. Standiford also noted that the ECTV Board had revised their mission statement in 1989. Ms. Standiford discussed the facilities agreement that ECTV holds with Cablevision noting that it would be in the interests of ECTV, but against the agreement to lease out their facilities and generate extra revenue while ECTV is not using the facilities. Ms. Standiford noted that staff allocation was currently being used a little differently, in that the staff's job is to be focused more on facilitating access by access users and not being actual producers of cable material. Mr. Sampen stated that a hearing would be held May 15 and directed staff to generate the necessary notices for said hearing. CABLE COMMUNICATIONS COMMISSION Minutes of 4/17/90 . . . Page 2 BUILD-UP OF CABLE SYSTEM Mr. Dziatkewicz clarified that one issue was whether or not Cablevision was in compliance for wiring the entire city of Evanston. He noted that this apparently had been resolved by the Commission at an earlier date, the Commission accepting the substantial compliance of Cablevision in constructing the entire system. He noted, however, that concerning the reports on Apartment Construction, he felt that thono were unnecessary and that we were generating reports just to view them as opposed to using those reports to encourage some form of compliance from Cablevision. Mr. Dziatkewicz felt that In the two years these reports have been generated, if there was no compliance Issue then the regulation may not be necessary. Mr. Sampan agreed that we should not generate needless reports. He noted, however, that while there does not currently appear to be a serious issue of compliance, a couple of years ago there certainly was an issue. This was why the Commission had asked Cablevision to provide the reports in question. One of the purposes of the reports is to catalog and reply to cases where there are requests for service where the building is not currently wired for cable oorvice. In the past, the company had not kept good records in this area. Mr. Dziatkewicz questioned whether any action had ever occurred as a result of the reports in the two years these reports have been filed, wondering whether or not these reports provided any use at all. He noted that many times the Commission will question certain items on the reports and get a response from Cablevision, but that no formal action had ever been taken due to any of the problems listed on the report. Mr. Sampen noted that if the Commission felt that the reports are no longer needed then the reports could stop. He felt that the reports are beneficial and noted again that in the past, relations were not as smooth with Cablevision as they are currently, and that the reports help maintain the smooth relations by providing an overview of what is occurring. Mr. Dziatkewicz felt that if Commission members spent more time analyzing the reports comparing one month's figures•to the next, they would be more useful. However, he felt that no one analyzes the reports so methodically. and therefore, generating the reports is a waste of time. He wotod that the Commission is really in a monitoring mode and questioned whether or not we need these reports every month. Concerning customer satisfaction in Evanston, Mr. Dziatkewicz noted that we have a relatively small number of complaints per month per the amount of subscribers in town. This would imply that people are either satisfied with - their service or don't care enough about the quality of service to call in complaints. Mr. Dziatkewicz felt that as a monitoring mechanism, the Apartments Construction reports are useful, but they are not necessary an a - monthly basis. Mr. Dziatkewicz moved to change the reports from monthly to bi-annually. This motion failed for the lack of a second. Mr. Haworth noted that these reports are important now that the system construction is nearing completion, not in a franchise sense wherein substantial completion had already been achieved, but in the sense of every apartment building in Evanston being wired for service. Mr. Dziatkewicz felt that the system is currently built except for isolated apartment units, and that in the two years ._ that these reports have been filed the monitoring function of the Commission has not been clearly defined. CABLE COMMUNICATIONS COMMISSION Minutes of 4/17/90 . . . Page 3 FEDERAL LEGISLATION UPDATE An outlined in the staff memo to the Commission, the legislative activity in Congress has been fast paced concerning cable regulation. There are bills currently in both houses of Congress concerning regulation. Causing the most stir among municipalities was the staff draft to Senate Bill 1880. NATOA and other municipal groups have voiced their concern over this staff draft as it gives many regulatory powers to the FCC versus the municipalitios, Staff noted that NATOA was soliciting communities to write letters to mombers of Congress stating local opposition to various points in the staff draft of Senate Bill 1880. A letter to the Senators written by staff would include the following points in the letter, based upon past Commission concerns: 1) the importance of rate regulation; 2) the allowance of competition in the regulation of ownership; 3) the importance of quality customer service; 4) the importance of public access to cable. Also, staff felt it was important that municipalities retain the right to control the franchise renewal process, and would also include comments regarding that in the letter. The Commission approved that staff write a letter containing the above points. The Commission discussed the penetration rate in Evanston noting that it was just above 30%. Therefore, by the staff draft of Senate Bill 1880 definition, effective competition would not exist in Evanston and therefore, Cablevision would be subject to rate regulation by the FCC. In response to staff comments, Mr. Sampen noted that if Cablevision is interested in establishing negotiations for franchise renewal, Cablevision should put something in writing to the Commission. Ms. McAllister noted, concerning franchise renewals, that the Staff Draft would change the standard for franchise renewal to show that a municipal rejection of a renewal must be based on substantial evidence, versus the wording "preponderance" of evidence as currently exists in the Cable act. however, the burden of proof would still rest on the municipal authority. Ms. Standiford noted that ECTV is concerned about a separate bill in the House of Representatives, the Public Television Cable Carriage Act. Public Access groups are lobbying against this bill because of a provision that allows cable companies to patch a public television station onto a designated public access channel. Hs. Standiford also noted that in 1996 Cablevision will no longer be obligated to fund ECTV outside of the 57. franchise fee allowed by the 1984 Cable Act. This concern could be addressed by rewriting clauses of the 1984 Act. CITY REPORT OF CONSUMER COMPLAINTS - FEBRUARY & MARCH 1990 Mr. Edmundson noted that complaints numbering 243 through 248 inclusive have been resolved. Concerning complaint number 239, Mr. Edmundson had made a request for the lines to be repaired. Complaint number 238, per Mr. Edmundson, had been resolved as well. Responding to concerns from Ms. McAllister, Mr. Edmundson stated he would go out and recheck the building in question from complaint number 238. CABLE COMMUNICATIONS COMMISSION Minutes of 4/17/90 . . . Page 4 LEE WEISS COMPLAINT Mr. Weiss passed out a statement drafted by himself to Commission members. He stated that his problems with Cablevision, aside from the technical problems, ware that Cablevision personnel were rude and that he had made an unnecessary expenditure of $65 for replacement of electrical outlets at the insistence of Cablevision personnel. fir. Weiss highlighted his dealings with Cablevision and his subsequent cable reception problems, noting the letter from. Irene McPhail requesting him not to contact Cablevision personnel at home. Mr. Ashton noted that Cablovision staff had been out to Mr. Weiss' apartment on frequent occasions and had sincerely tried to identify the cause of Mr. Weiss' poor cable reception. Initially Cablevision staff was concerned about voltage readings that were read off of Mr. Weiss' television and suggested that he may want to have an electrician check out the electrical system in the apartment. Mr. Ashton noted that Cablevision personnel and the City Electrical Inspector had determined that Mr. Weiss' cable reception problem did not originate from the cable system. Mr. Ashton noted that he had used a Spectrum Analyzer to help pinpoint the location of the interference, and that it had been determined that the interference was coming from the master antenna television system on Mr. Weiss' building. In response to Commission questions for clarification, Mr. Ashton noted that the converter box in Mr. Weiss' unit had been changed and that reception problems appeared to clear up a little bit when the television was moved outside of Mr. Weiss' unit. Mr. Weiss noted that he felt that other cable customers in his building had also had reception problems. He stated that currently, he still has problems, although not quite as bad, with his reception. The Commission felt that to their satisfaction, Cablevision had determined that the problem was not cable related. Mr. Weiss felt that Cablevision should reimburse him for the wallplugs that he had installed at Cablevision's insistence. Mr. Ashton stated that Cablevision personnel may have suggested such an action as a possibility, but that they would not have directed Mr. Weiss to have the plugs changed. The Commission suggested that Mr. Weiss write Cablevision formally requesting compensation for the electrical work done in his apartment. Mr. Ashton noted that Cablevision had credited Mr. Weiss' account $27, i.e., two weeks worth of service for the reception problems. Mr. Weiss allowed that this was some recognition for his problems, but that he would still seek the $65 reimbursement for the electrical work. The Commission felt it would be a good idea to contact the building realtor, Katz Realty, and ask them to inspect and possibly cap their master antenna system where necessary. Mr. Weiss felt the building realtor, as he knew them, would not be interested in helping him fix his problem. CHANNEL TWO NEWS PATCHING PROBLEM Staff noted that a small number of calls were received concerning a WBBM evening news cast in which the video portion had been patched over by another = cable channel. Mr. Ashton noted that channel two's reception in the Evanston area generally results in some ghosting images. Therefore, their policy was to route it from Oak Park via microwave. The problem occurred because --- Cablevision had left a routing capacity so that the transmission could be i CABLE COMMUNICATIONS COMMISSION Minutes of 4f17l90 . . . Page 5 switched off of the microwave link if there were heavy rains, for example, that would distort the microwave transmission. Subsequent to this problem noted above, channel two was taken off of the router to insure that a patching problem would not occur again on channel two. 11ENRY HAMMEL JR. MEMORIAL GRANTS PROGRAM Mr. Ashton noted that the equipment neconsary for hooking up recipients of this grant would be in to Cablevision by Friday, April 20th. Staff noted that the requests for inclusion into the granto program were still very light, even In spite of various mailings to advertise the program. SERVICE AVAILABILITY - APARTMENT CONSTRUCTION LISTS - FEBRUARY & MARCH The Commission accepted these reports. In response to Commission questions, Mr. Edmundson noted that the Kellogg dorms had been completely wired for service. Concerning the Levy Center, Mr. Edmundson stated that the cost to wire the Levy Center was approximately $10,000. and that the Levy Center would soon be torn down to make way for the Research Park. Hs. McAllister noted that the Garritt Seminary should be revisited due to the completion of the Northwestern Kellogg dorms. Mr. Edmundson stated that he would revisit this location for construction. Mr. Edmundson noted that as circumstances for various projects change, he tracks them and notes their effect on other potential projects. Staff noted that he would be coming up with a handout for developers of new or rehabed buildings in town, a fact sheet that could be handed out explaining to them how they could initiate the cable construction process with Mr. Edmundson or other representatives of Cablevision. The Commission felt that this was a good idea and that pushing cable television in Evanston was conducive to the goals of the Cable Commission. PUBLIC COMMENT Mr. Weiss questioned concerning the franchise renewal process, whether or not the public would be given a right to comment and speak. The Commission replied that yes, ample opportunity would be given to the public for comment. Staff noted that the complaint process would be utilized in determining franchise renewal. Mr. Sampen noted that he had received two letters of commendation concerning Cablevision employees, one of which was Mr. Edmundson. The meeting was adjourned at 9:10 p.m. The next regularly scheduled meeting of the Cable Commission is May 15. 1990. Vincent Adamus DRAFT » NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION May 15, 1990 7:30 P.M. PRESENT: Mark Dziatkiewitz, Dave Haworth, Marlo McAllister, Don S ampen ABSENT: Ruth Smalley STAFF: Vince Adamus CABLEVISION: Irene McPhail, Willie Edmundson, Don Ashton OTHERS Susan Tash, Frank Sternberg, Board President of ECTV, PRESENT: Robert Austin, Lee Austin, Annie Austin. Barbara Ferguson, Nelee Cymbal, Sidney %wick. Steve Legg, Barbara Legg, Bob Seidenberg of the Evanston Review PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:40 p.m. MINUTES The minutes of the April 11. 1990 meeting of the Commission were approved as submitted. PUBLIC HEARING ON EVANSTON COMMUNITY TELEVISION (ECTV) ANNUAL REPORT Frank Sternberg introduced a tape recorded production produced by ECTV staff which was shown for the Commission. This tape production highlighted various programs produced by ECTV staff and access users. The production highlighted the diversity of programming produced through ECTV. Mr. Sternberg noted that some of the groups represented on the tape were the recipients of target training by ECTV, for example the Levy Center Production group. After the production Mr. Sternberg noted that ECTV had previously had a rocky period but was now entering into a mature period. He noted that although there were some problems ECTV staff felt good about where ECTV was going at the present time. Mr. Sternberg encouraged the Commission members to take advantage of ECTV's facilities and opportunities for production. Robert Austin, cameraman at ECTV spoke in support of ECTV stating that there should be more community and financial support for the organization. Lee Austin, a youth producer and cameraman. stated that he wished to see an increasing amount of youth participation in ECTV. CABLE COMMUNICATIONS COMMISSION Minutes of 5115/90 . . . Page 2 Annie Austin. an ECTV volunteer producer and editor since 1989, stated that public access was an ideal pastime for family activities. She thanked the Commission for their support, but stated that more would also be beneficial for ECTV. She also stated that although the equipment at ECTV may not be in top condition Marcia Standiford does a good job of making things work. She read a letter from Barbara Ferguson, in which Ms. Ferguson stated that she was grateful for ECTV. It helps her get in touch with her community and her neighborhood, serving as a link between the individual and the town. She has come to appreciate people better through her work at ECTV. Sidney Zwick, a teacher and community activist, stated he was pleased with ECTV's productions including 08RAS. He wishes that more people could participate in public access programming. He felt that many people were to blame for the lack of participation in access including the City and Cablevision. He noted that the penetration rate in Evanston is still currently around 30%. and that we have not scratched the surface of what the rate could be in Evanston. Noting Northwestern University, Mr. Zwick felt that if the dorms at Northwestern could be hooked up for cable, that would be very beneficial to cable and public access in Evanston. He noted that work has been going on between senior citizens and Northwestern Radio Station WNUR, and that the senior citizens have been given a time slot on Saturday mornings to produce their own radio show on WNUR. He commended ECTV staff on the work that they perform and stated that it is not too early to start thinking about the end of the franchise in 1996. He felt that one of the things we should be looking at is municipal ownership of cable, and noted that this format had been successful elsewhere in the United States. Mr. Zwick stated that he often questioned whether the work he is performing at ECTV was worth it, wondering if anybody was watching the work that he does. He felt that public access was a valuable tool that is not being used to its full potential. Nelee Cymbal, a junior in Northwestern University's Communications program, stated that she had often wondered why there were no Northwestern University cable hookups in the dorms. She stated that she is currently doing research regarding public access at ECTV, and she is studying various models for public access. She stated that ECTV is a wonderful tool to be used as a community forum, and that she felt that other community groups should become involved in public access. She noted that she is giving a workshop to the Board of Directors at ECTV on Thursday, May 17th. Steve Legg, the producer of "Our sawn - Evanston", stated three points that he felt were essential in public access: 1) a focused means of gathering information; 2) one can exercise the right of free access to information, and 3) it is an interesting and productive way of contributing to the community. Concerning funding he felt that advertising from Evanston merchants should be allowed on ECTV's channel and felt that ECTV itself should be advertised more fully. He hoped for the continuance of ECTV. Barbara Legg. staff on the "Out Town - Evanston" stated that she was from England and had lived through World War II and stated that she knew what it was like to fight for basic freedoms. For example, information access and speech. She felt that ECTV was a micro example of freedom of speech. CABLE COMMUNICATIONS COMMISSION Minutes of 5/15/90 . . . Page 3 JoEllen Ruvoli stated that she worked with Marcia Standiford and was pleased with Marcia's work, and that ECTV provides an outlet for students that is not available on campus. Students appreciated the opportunities afforded by ECTV and wanted to add her support for public access. Ms. Cymbal noted that she was conducting a speech class at ECTV next week. Irene McPhail, General Manager of Cablevision, noted that she is pleased about the relationship between Cablevision and ECTV and proud of ECTV's accomplishments. She felt that ECTV was a welcome addition to the marketing mix of programs that Cablevision offers. She felt that a previous arrangement with Marcia Standiford had ameliorated the aging equipment problem. Concerning revenue, Cablevision is committed to ECTV and will continue its support for the term of the franchise agreement. Ms. McPhail felt there was a symbiotic relationship between the health of Cablevision and ECTV, in that if Cablevision's revenues increase, there will be a corresponding increase in Cablevi.sion's support of ECTV. She felt that at this time, it was a good opportunity to begin examining the future relationship and felt that all parties would be able to come up with a satisfactory agreement. Frank Steenberg stated that ECTV is also pleased with their relationship with Cablevision. He felt that the natural tension between cable suppliers and public access was often overcome in their current situation, and that he hopes to improve the relationship between ECTV and Cablevision in the future. Mr. Sternberg noted that Ms. Standiford wanted to convey the question regarding how ECTV was to be evaluated and how important are the various indicators of evaluation. For example, quality of programming, quantity of programming, diversity of programming. He felt that the Commission would need to define the evaluation process in the future. Chair Sampen questioned whether or not the co -marketing process between Cablevision and ECTV was successful. Mr. Edmundson stated that it had not been very successful. Letters were sent out in two phases to various individuals. The first phase letters were sent out to access users, and the second phase 1,000 letters were sent out to both subscribers and non -subscribers. In all, 12 responses had been received. Mr. Sampen noted the importance of funding for quality equipment as stated in ECTV's report. Mr. Sternberg noted that the current thrust is to replace aging equipment which is all greater than 5 years old, and much of which is in very bad shape. Mr. Sternberg noted that various fundraisers were planned with local groups and that ECTV was also still looking into the feasibility of leasing their facility to outside users as a revenue generating tactic. Mr. Sternberg noted there were short term and long term financial problems. The short term problems were to get the equipment working so that access users would not be deterred from participating in the public access process. The long term financial problem concerns the expiration of the franchise agreement in 1996, and the cutoff of the Cablevision contribution to ECTV. Concerning the leasing issue, Mr. Sternberg noted there were liability problems inherent in leasing to third parties and that Cablevision had felt that leasing facilities was not in the spirit of public access. ECTV is currently looking around at other situations where third party leasing is allowed in order to see if it is a good idea in ECTV's situation. CABLE COMMUNICATIONS COMMISSION Minutes of 5/15/90 . . . Page 4 His. McPhail noted that in Cablevision's 1986 agreement with ECTV, it was assumed that the facility would be used for non-profit purposed only. She felt that it was not correct that a third party would be producing material which would be used for profit. Mr. Sternberg noted that ECTV is in a struggle for survival and hoped they could work around the liability issue. He felt that access must have a top priority in their situation. Mr. Sampen noted that according to the annual report, the hours of programming, the programs, and the operating hours of ECTV were down in 1989 as compared to 1988. Mr. Sternberg noted that he is disappointed with this but he is not sure why this is so. Mr. Dziatkewicz noted that he did not see thin as a problem because, while programs were not completed, people were there and using the access facilities on a regular basis; everything seemed to be on the right track of stability and quality, and that ECTV was focusing its goals; programs could be completed at a later date. Mr. Dziatkewicz noted that the fact that so many people showed up at the public hearing was good, and that there were still many years to build up ECTV before the franchise agreement expires. He felt that community involvement was definitely there. Mr. Haworth agreed that things seemed to be on the right course at ECTV noting that the report is complete, and that the tape shown to the Commission was of good quality. He noted that a major contributor of hours of programming had been lost to ECTV when the Friday Club had disbanded. Mr. Haworth stated his concerns regarding renting the facility out to third parties, noting that there would be the opportunity for conflict between access users and the lessees, and at that point, a decision would have to be made between who gets the good equipment - the access users or the lessees. He questioned whether a cost/benefit analysis of leasing the access facilities would conclude that it would be more beneficial to lease the facilities. He felt one idea might be to sell access users corxaercials for revenue. When the franchise agreement expires at that point there may be no funding for ECTV; at that point it might be a good idea to lease out the facilities. Ms. McAllister complimented Marcia Standiford, and stated that she supported ECTV's change in direction and greater focusing of goals. She disagreed that ECTV should not use its facility for leasing. She felt that ECTV was in a "no win" situation and that maybe leasing could be allowed in off hours. She noted that the diversity of support for ECTV spoke to the sophistication of ECTV's outreach program. Mr. Dziatkewicz questioned whether the equipment status would deter a potential lessee. Mr. Sternberg replied that there would be an up front expenditure required for various forms of equipment, this expenditure would be required regardless of whether or not leasing would be allowed. In response to Commission questions, Mr. Sternberg stated he was not aware of any increase planned in the cost of courses offered at ECTV. He noted that membership is Still $10. Mr. Sampen noted that ECTV was set up in order to split off the production requirements of the City from the Cable Commission. He felt that the Commission's goal is to foster cable television in Evanston, in general, and ECTV specifically, and offered any help that the Commission could give. CABLE COMMUNICATIONS COMMISSION Minutes of 5/15/90 . . . Page 5 1989 COMMISSION ANNUAL REPORT The Commission noted that staff generally writes the first draft of the report. Staff agreed to have this report for the June 19th Cable Commission meeting. Chair Sampen noted that a rough draft of the revenue audit performed by Karrison and Byrne had boon received by the City. This draft showed Cablevision's revenues for the period of July 1, 1987 to June 30, 1989 to be under -reported by the amount of $51.675; thus the City would receive an additional 51. of this figure, or $2,583. Chair requested staff to put the revenue audit on the agenda for the June 19th meeting. CONSUMER SERVICES Regarding complaint #236, Mr. Haworth questioned why the customer had needed to try to get service for two months. Mr. Edmundson noted this was the same complex in which Cablevision was now required to bury the current above ground cable, and that in order to hook this individual up for service permission was necessary from other owners in the townhome complex. At this point in time, Kr. Edmundson had received approximately one half of the owners' permission to run cable. It was noted that it would be a while before this individual would be hooked up for service. Regarding the letter to Katz Realty written by staff concerning the master antenna television system at 800 Hinman Avenue, Hs. McAllister questioned what the latest information was on this situation. Mr. Ashton noted that Mr. Katz of Katz Realty had been in contact with him and that Mr. Katz had expressed an interest in resolving the issue. Mr. Ashton had provided Mr. Katz with two references of individuals who should be able to help Mr. Katz with the antenna system. Mr. Haworth questioned whether getting rid of Channel 3 in the building's MATV system would get rid of the reception problem. Mr. Ashton stated that yes, this would get rid of the problem. In response to Commission questions, Ms. McPhail noted it would not be appropriate for a cable system to advise an owner what to do with his master antenna system. The Commission questioned whether or not we could pursue this situation any further, and agreed they had gone as far with this situation as they were able to. PUBLIC COMMENT/CALL-IN QUESTIONS Annie Austin called in and stated that a problem at ECTV is that producers are not paid for their time. She works full-time and has other commitments, and often finds it difficult to produce at ECTV. She felt it would be helpful if producers could solicit grants from outside individuals for producing cable material. The meeting was adjourned at 9t30 p.m. The next regularly scheduled meeting of the Cable Commission is June 19, 1990. Vincent Adamus PRESENT: ABSENT; STAFF: CABLEVISION: Presiding: CALL TO ORDER DRAFT - NOT APPROVED MINUTES CABLE COMMUNICATIONS COMMISSION June 26, 1990 7:30 P.M. Robert Gordon, Dave Haworth, Susan Tash, Don Sampen Mark Dziatkiewicz, Marlo McAllister, Ruth Smalley Vince Adamus, Willie Edmundson Willie Edmundson Don Sampen, Chair The meeting Was called to order at 7:40 P.M. MINUTES The minutes of the May 15, 1990 meeting of the Commission were approved as submitted. Chair Sampen welcomed new members Robert Gordon and Susan Tash to the Cable Communications Commission. AUDIT REPORT The Commission discussed the audit report of CableVision revenues of the period July 1. 1987 through June 30, 1989 as prepared by the auditing firm of Karrison Byrne Jansey, & Trimarco, Limited. It was noted that the total underreported revenues for that two year period was $51,675 dollars; applying the five per cent franchise fee to this figure would result in $2,583.75 cents additional revenue due to the City of Evanston from Cable Vision. Staff noted that the report had been forwarded to CableVision personnel and that the letter addressed to Ms. McPhail requesting payment of the additional $2,583.75 was submitted to the Commission as a proposed letter. In response to Commission questions, staff noted that in conversation with Mr. Lou Karrison, Mr. Karrison had stated that CableVision personnel who helped him gather his financial material had agreed with him regarding the underreported figures. At this time Commissioner Gordon noted that section 38A of the Franchise agreement requires CableVision to pay interest on any late payments of franchise fees. air. Gordon questioned whether or not interest should be applied, then, to the franchise fees due to the City of Evanston related to the underreported revenue. The Commission agreed that interest should be charged on the underreported amounts and directed staff to alter the letter to Ms. McPhail, requesting an additional amount due to the City of Evanston as interest charges. Mr. Hayworth noted that in one of the four periods studied there was actually an over reporting of revenues regarding CableVision Evanston operations. The Commission then decided that interest should be charged based on each quarter's underreported revenues. In Cable Communication Commission Minutes Page 2 the instance where the revenues were over reported a credit would be given to the amount due the City of Evanston based upon five per cent of the over reporting. CONSIDERATION OF DRAFT OF 1989 COMMISSION ANNUAL REPORT Chair Sampen directed staff to prepare a final version of the said report for Commission approval at the noxt meeting. in July. It was decided that comments from Commissioners should be forwarded to staff within fourteen days of the meeting, or by July loth. After the discussion the Commission decided that the Commission's report on ECTC's annual report should be combined with the 1989 Cable Commission Annual Report. That one document then would be presented to the Administration and Public Works Committee of the City Council. Regarding Rates It was noted by Commission members that, although basic service rates had increased a large percentage between 1983 and 1990, the other premium and related services rates for Cable had not increased by a high percentage and in some cases had not increased at all. It was noted that the average revenue per subscriber per revenue probably only increased a small amount from 1983 to 1990. The Commission directed staff to include more information regarding average revenue per subscriber and to incorporate that information into the 1989 Annual Report. Regarding comparable rates of Evanston versus other communities it was noted that CableVision's rates were at the high end. However, it was also noted that it is often difficult to compare rates across communities, due to the uncomparability of services offered in those communities. INFORMATION SHEET FOR EVANSTON DEVELOPERS Staff presented the informational sheet that would be made available to developers in this City. This informational sheet describes who to contact for prewiring of Cable TV service in new or rehabed buildings. The Commission and Mr. Edmundson felt that this fact sheet was a good idea and would help the Commission goal of fostering Cable Service in Evanston. RESPONSE LETTERS TO RE -REGULATION ISSUE. Staff passed out three letters that were sent in response to a letter endorsed by the Cable Commission and sent to Senators Simon, Dixon, and Senators in the Senate Telecommunications Subcommittee. Both Senators Dixon and Simon responded that they had received the letter and will keep the City of Evanston's interests in mind when responding to Cable regulation issues on the floor of the Senate. The third letter, from Dina April of CableVision, addressed Cable Customer Service and rate increases, Ms. April disputed the four hundred per cent rate increase figure from 1983 and stated that Cable Vision was unaware of a Customer service problem in the City of Evanston. In response to Commission questions, staff noted that Ms. April may be referring to the average revenues per subscriber, which as the commission had noted earlier, may not have risen appreciably since 1983. Staff also stated that many complaints had been received by the City concerning the Customer Service Cable Commission Communication' Minutes Page 3 Personnel at CableVision's 24 hour Customer service number. Staff noted that many of the complaints on the monthly consumer complaint report with areas ouch as "billing" or "sales and marketing" often contained a consumer service problem element as well. Previously, staff had not filed these complaints as aaparate billing and customer service complaints. However in discussions with Dina April it was agreed that stricter records should be keep regarding the number. type of complaint, and any other information the complaint regarding as was necessary, in order to track Customer service issues at CableVision's 24 hour number. Regarding the re -regulatory atmosphere at the federal level, staff was directed to do a new summary of legislation. This summary would not only provide information to the Commission, but would allow the Commission to decide whether any further action by the Commission or the City of Evanston was necessary. CONSUMER SERVICES Regarding complaint #253 Mr. Edmundson stated that it was still unresolved. The customer in question was entitled to a romote, but Mr. Edmundson had not been able to get together with her to provide her with the said remote control device. Regarding complaint 0252 Mr. Ecimundson stated that it had been resolved. The confusion occurred because the customer had changed the level of service twice during the introductory period. Regarding Complaint #254 Mr. Edmundson stated that the customer's bill, would be credited to the time that the customer wanted Showtime cut off. Regarding complaints #255 & 56 fir. Edmundson noted that it was the same customer and that CableVision had lost her as a customer because of the billing and Customer service problems that occurred in this case. Hr. Edmundson noted that when a customer signs up for Cable Service, the first bill that the customer receives may be for a period greater than one month depending upon when the customer was signed up. In other words the first bill would include charges for the rest of the current billing period, and then a full charge for the next billing period. Any discounts applied to the c customer's bill (e.g the two free movie channel offer) would be applied towards the first full month of the customer's service. Regarding #251, 231 & 239 Mr. Edmundson noted that they had all been resolved. Regarding #251 the _ problem had been reception, and that was related to system woric that was going on at the time. The reception problems had since cleared up. The Commission accepted the City of Evanston and Cable Vision Customer Service Reports, as well as the May 1990 apartments construction update and the Cable Vision Construction Report. Regarding construction within the City, the Commission requested an update regarding CableVision's law suit against Schermerhorn Company. This information was requested for the next Commission Cable Communication Committee Minutes Page 4 meeting. Similarly, the Commission requested an update regarding any new plans or status for construction in the Presbyterian Homes an any Northwestern University dormitories. Mr. Edmundson statod that he would provide an update to the Commission at the next meeting. Mr. Haworth noted that only 36 homes in the City of Evanston were not receiving service due to easement denials. Staff explained that one denial was due to the C.T.A, and affected the southern part of Evanston and that the homes left without service were on Howard street oast of Chicago. Mr. Edmundson stated that the other easement denial was duo to a private owner denying an easement of CableVision. The meeting was adjourned at 8:30 p,m.. The next regularly scheduled meeting of the Cable Commission is July 16, 1990. fi� CMG Vin Adamus, Staff DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION July 17, 1990 7:30 P.M. PRESENT: Mark Dziatkiewicz, Robert Gordon, Dave Haworth, Marla McAllister, Don Sampen, Susan Tash ABSENT: Muth Smalley STAFF: Vince Adamus CABLEVISION: Dina April, -Willie Edmundson, Don Ashton OTHERS Marcia Standiford of ECTV PRESENT: PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:38 p.m. MINUTES The minutes of the ,Tune 26, I990 meeting of the Commission were approved as submitted. REVENUE AUDIT LETTER TO IRE11F VCPHAIL Mr. Dziatkewicz stated that he had worked out the interest figures and came up with the delinquent interest for the first period of the audit to be $252 as opposed to the staff results of.$278. Staff was instructed to review the numbers and send the letter requesting payment to Irene McPhail upon confirmation of the correct numbers. 2ND DRAFT 1989 ANNUAL RE -PORT Ms. NcAllister --L4ted that the financial difficulties of ECTV as listed in the report were not inclusive enough. Ms. Standiford mentioned it should be noted that the section on ECTV was the opinion of the Commission as opposed to the opinion of ECTV, ids. Tash noted that regarding the leasing of ECTV facilities to third parties, it should be stated that ECTV is attempting to negotiate on this point. Mr. Haworth stated he felt that mention of the S250,000+ grants provided by Cablevision each year should be incorporated into the annual report. Mr. Sampen stated we should take out the wording "unwillingness to negotiate" regarding Cablevision's stand on lease of ECTV facilitiet. He also 4 'H CABLE COMMUNICATIONS COMMISSION 111nutes of 7/17/90 . . . Page 2 Felt it was unnecessary to implicitly state that the views expressed in the annual report were the views of the Commission. Ms. Tash felt that a section on goals for 1990 should be included into the annual report. Ideas provided by the Commission regarding 1990 goals were: 1) to provide encouragement as opposed to compulsion to Cablevision to continue to build and release to sales multi -family buildings; 2) to begin looking at the franchise renewal process. Req arding District 65, Ms. Standiford noted they can not test the modulator ytit that was put in at King Lab School because of asbestos removal occurring at that site. However, the people from District 65 have been trained in video production and they will be testing upon removal of the asbestos. Mr. Sampen fol t that another goal for 1990 would be to continue publicity for the Henry Hammel 1,000 Free Grants program. aGULATORY UPDATE At this time, staff passed out•a comparison between the Senate and House cable bills provided by the firm of Miller & Holbrooke. After discussing the handout, the Commission directed staff to respond in writing to Senators or Representatives when these bills came up for vote or discussion on the floor of either house, stating the views of the City of Evanston regarding cable reregulation. STATUS OF SCHERMERHORN LAWSUIT AND CONSTRUCTION PROJECTS STATUS Staff passed out a letter received by Irene McPhail regarding the Schermerhorn lawsuit, the Kellogg Graduate Residence construction, and potential construction at Presbyterian Homes. The Commission found the correspondence unacceptable, and requested more specific information detailing where Cablevision was in the Schermerhorn case regarding discovery, depositions, or whether the case was close to a resolution and whether a trial date had been set. It was felt that the Commission should be informed of whatever would be public knowledge in such a case. The Commission also requested what the plan was for construction at Presbyterian Hanes and whether there was regular communication between Presbyterian Homes' representatives and Cablevision. Mr. Edmundson stated that representatives of the Presbyterian Homes were to get back to Cablevision regarding wiring at that location. tie stated he would find out when the last contact occprred. The Commission also felt that the paragraph on forthwestern was not encouraging. It was felt that northwestern University is not exempted under the current franchise agreement regarding wiring for service. Mr. Edmundson stated that Cablevision has no further plans for other wiring at northwestern because of currently unsolved difficulties and that there are no negotiations at this time regarding wiring at other northwestern buildings.' Mr. Sampen questioned whether the Kellogg Dorm is not considered_, a residential building. Mr. Eu.aundson stated that Northwestern had bought service for all of the residents at the dormitory and was paying the cable bill for the whole building. The actual construction at the dorms involved more than Cablevision nad expected, but currently there is cable service operating there. The Commission questioned whether Northwestern University should be charged and in what way for installation at the building. Mr. Edmundson stated that extra CABLE COMMUNICATIONS COM14ISSION Minutes of 7/17/90 . . . Page 3 equipment was necessary, for example a modulator at the building. Mr. Ashton also stated that Northwestern had left a channel space open for Northwestern University programming. Ms. Standiford stated she had heard that Northwestern had their own franchise agreement with Cablevision and that the cable service at the dormitory does not include the Public, Educational and Government (PEG) access channels that are required by the franchise agreement. Mr. .Haworth questioned whether or not there were converters in the dormitory. Mr. Ashton stated yes there were. The Commission directed staff to provide an update on the situation at Northwestern University regarding service and existence of a separate franchise agreement. CONSUMER SERVICES Regarding City complaint #264, Mr. Edmundson stated that the customer had been paid the $200 refund which was due to him. Staff stated he had been in contact with Mr. Weiss again recently, and that Mr. Weiss had heard that Cablevision offers free remote controls to handicapped individuals and that Mr. Weiss, therefore, was requesting a credit for all of his remote control payments to the beginning of his service in December of 1989. Mr. Edmundson stated that when Mr. Weiss was installed, Cablevision did not know he was handicapped and only recently was made aware of that fact and therefore, Cablevision felt they should not credit Mr. Weiss all the way back to December. Ms. April stated that this is not a formal policy that Cablevision has, but that giving free remote controls to handicapped individuals is something Cablevision will do as a courtesy. Mr. Sampen stated that the installer for Mr. Weiss' service should have noted that he was handicapped. Ms. April stated the installers do not know of this policy regarding free remote controls. HENRY HAMMEL GRANT PROGRA14 It was noted that two out of the three individuals who were originally interested in the program have been installed. The third individual opted not be installed at this time. Ms. Standiford noted that Cablevision was not following the schedule she gave to Cablevision regarding programming on the - community channel. Mr: Ashton noted that the equipment was all set up for the channel and that the'programming just needed to be performed by Cablevision personnel. SERVICE AVAILABILITY Regarding construction of units within Evanston in response to Commission concerns, Mr. Edmundson stated a number of projects are still under consideration for construction in the current year. Altogether, 500 to 600 - units were planned for construction in 1990 of which 305 have been built and released to sales at this point. The Commission instructed staff to contact the Presbyterian Homes regarding their status of construction. PUBLIC COMMENT Ms. Standiford noted that the NFLCP, a national organization which promotes the use of community television, is also pressing for reregulation at the = CABLE COMMUNICATIONS COMMISSION Minutes of 7/17/90 . . . Page 4 federal level and questioned whether or not the City was a member of NFLCP at this time. Staff was unsure and was directed to investigate. The meeting was adjourned at 8:45 p.m. The next regular meeting of the Cable Commission is ,scheduled for August 21, 1990. I Vincent Adamus . RAFT - NOT APPROVED All SYAFF: CABLEVISION: OTHERS PRESIDING: r"A L TO ORDER Minutes CABLE COMMUNICATIONS COMMISSION September 25, 1990 7:30 P.M. Mark Dziatkiewicz, Robert Gordon, Marlo McAllister, Don Sampen, Susan Tash Ruth Smalley, Dave Haworth Sally Roethle Tony Rupoli, Willie Edmundson, Jeff Wisniewski Don Sampen, Chair The meeting was called to order at 7:40 p.m. MINUTES The minutes of the meeting of July 17, 1990 were approved as submitted. PUBLIC COMMENT Mr. Wisniewski, a resident of Evanston, a cable subscriber for many years, stated that as of late there have been too many interruptions in service. He stated that an A/B switch should automatically be provided with every service so that the cable customer could switch to the regular broadcast channels instead of having no television service at all when there is an outage. He stated that the recent interruptions lasted two or three times per month for about five to ten minutes per interruption. He noted that Cablevision does offer an A/B switch for $15 and $25 if Cablevision personnel install it. In response, Mr. Rupoli stated that Cablevision does not install A/B switches at every service because installation of a switch or connector increases the possibility of signal leakage or deterioration to the service. Mr. Rupoli stated that a notice regarding A/B switch information is sent every year in November to customers, and that A/B switches will be provided upon a customer's request. pBLE COMMUNICATIONS COMMISSION September 25, 1990....... Page Two .5EMI-ANNUAL FRANCHISE FEF PAYMEN—I The Commission accepted this communication. Also noted was the payment of $3,252 from Cablevision, due because of an underreported amount found in the recently completed revenue audit. gAFF REGULATION UPDATE The Commission accepted this report. Ms. McAllister questioned when the issue would come up again for a vote. It was noted that it would probably come up in the Senate before the end of the legislative session in October. pRUBYTERIAN HOMES UPDATE Chair Sampen noted an estimate for approximately $34,000 to wire the Presbyterian Homes and questioned why the amount was so high. Mr. Rupoli noted that property at the Presbyterian Homes includes a high rise building and single family units. Mr. Rupoli stated that installing cable into the high rise itself would occur at no charge; however, trenching underground to extend the cable wires to other units within complex is very expensive. Normally wires would be put on the street, but that is not an option here. The Presbyterian Homes want everyone within the complex to have access to cable service. They also want a customized package of cable channels. Mr. Sampen questioned why each unit would not be assessed a basic installation charge of $30, and questioned what made the Presbyterian Homes different. Mr. Rupoli stated that the complex itself is the "house" that Cablevision passes. Once they are inside, more work must be performed. He stated that it is Cablevision's position that it is not part of the franchise agreement to bring in the wiring to each unit free of charge. Staff noted cable construction at this site has been an issue in past years. Mr. Rupoli noted that the cable has been constructed to the front door of the Homes which is treated as one unit as opposed to individual homes. Mr. Rupoli stated that the main unit could be serviced tomorrow; the others outside of the main unit would be more difficult. Only one entry point to the homes is needed to install service. Mr. Sampen noted that there was not enough information in Ms. McPhail's letter regarding the Presbyterian Homes. He questioned whether or not S34,000 is still the proposed figure for installation, and stated that he would like to see a justification for the cost. Staff suggested a cost breakdown of the proposal and a map of the proposed design. Chairman Sampen asked Robert Gordon to check the Franchise Agreement to determine if the Presbyterian Homes are exempt from service requirements available to other types of homes within Evanston. Mr. Rupoli noted that the Homes are seeking other types of service. Mr. Rupoli stated that the issues are: (1) Is the Home one unit, or are there many? (2) How do the Homes want cable? Cablevision has proposed a loop system so that the institutional channel that the Presbyterian Homes operates can be inserted into the cable system. Mr. Sampen noted that the Commission would like to see the actual proposal and directed staff to seek more information on this subject. Said information should include how the Presbyterian Homes viewed the proposal and whether there were any alternatives. Regarding construction at Northwestern University, Mr. Sampen questioned how Cablevision could charge for the construction at the McMannus Learning Center. Mr. Rupoli stated that generally a design will call for cable to be run either (a) outside of a building, (b) inside hallways or (c) through the stairwells. GABLE COMMUNICATIONS COMMISSION ,eptember 25, 1990....... Page Three However, in this case Northwestern University wanted the wiring run inside the walls of the building. Cablevision offered to split the cost for construction. Northwestern University also wanted a new phone line in the building and negotiated an agreement to have Cablevision run the phone line. The actual cost of construction was significantly higher than expected. Mr. Rupoli noted that this matter appears to be close to resolution. Currently, a fraternity is being hooked up and designs have been submitted on other buildings. There is no current action on those buildings. In response to a Commission question, Mr. Rupoli noted that the McMannus system had been operating since May of 1990. Ms. McAllister questioned whether or not Individuals were charged for cable service at this building. Mr. Rupoli noted that the Northwestern University Technologies Group is billed and over 100 units have been constructed although the Cablevision database only shows one customer. Mr. Edmundson noted that the subscriber count is based on the number of individuals receiving service. In response to a Co=fission question, Mr. Rupoli noted that this system is not receiving public, educational and governmental (PEG) channels. These were excluded in response to Northwestern directions to limit the system to a certain number of channels. A question then arose as to whether or not the Franchise Agreement required the inclusion of these PEG channels in every cable service. Mr. Edmundson compared the service at Northwestern to a service that a hotel might take, for example, taking the first 13 channels on the cable system. The Commission questioned whether or not the customer has a right to choose channels on the basic service and whether the agreement between Cablevision and Northwestern would supercede the Franchise Agreement. In response to a Comission question, Mr. Rupoli noted that the monthly bill to Northwestern was approximately $600, a charge of $2.20 per unit with approximately 134 units. Ms. McAllister noted that in the building where she resides, there are 132 units hooked up and their bill is $9.90 per month. Mr. Rupoli noted that the Northwestern service only includes 13 channels and not all of the basic service. Mr. Sampen requested Mr. Gordon review whether or not the Franchise Agreement covers this situation and noted that the Commission was satisfied with Cablevision`s explanation of the charges to Northwestern at this point. A question arose as to whether there were any hotels in Evanston receiving cable service or whether other customers had adapted service levels. The answer to both of these questions from Cablevision was "no". Mr. Rupoli noted that the Presbyterian Home is similar to Northwestern University because they are looking to have a lower level of service than the complete basic service. CONSUMER COMPLAINTS - JULY AND AUGUST Mr. Edmundson noted that from the July report complaint 4242 was not resolved. This was from 600 South Boulevard and Cablevision still needed some individual rights -of -way in order for them to go underground for the installation at this row of townhouses. Regarding the August consumer complaints report, Mr. Edmundson noted that #242 again was not resolved. Also not resolved was #236 - also regarding 600 South Boulevard. Mr. Edmundson noted that more than half of the rights -of -way have been received from the owners. Also unresolved were #63, #190 and #219. OB LE COMMUNICATIONS COMMISSION September 25, 1990....... Page Four it was noted from the Cablevision customer service report that there currently exist 8,670 subscribers in Evanston. Regarding apartment construction, Mr. Edmundson noted that Northwestern University buildings are not included in the construction report. Staff noted that there was a separate construction requirement for eight buildings at Northwestern University listed in Exhibit 07 of the Franchise Agreement. It was suggested that a reading of the minutes of Cable Commission meetings from 1982 or 1983 would provide more information regarding same. At this time staff noted that a letter had been received by subscribers regarding the cable guide, which is now larger; only one guide will be sent per household regardless of the number of televisions hooked up. There had been a call during the Commission meeting requesting clarification on this issue. Mr. Rupoli noted that two letters have been sent out to customers, one of which mentioned the one cable guide per household. He noted that there is a new format for the cable guide. The local channel directory is not included in the current cable guide because of a printing deadline for the October issue. Cablevision had sent the letter out as a notice to residents regarding the directory change. Mr. Rupoli noted that customers can pick up extra cable guides if there are any, but that only one would be mailed. The rationale for this is that (1) research shows that weekly supplements, such as a TV guide are used more often, as opposed to the cable guide, and (2) the format change has added to the cost of production and therefore cutting to one per household is a cost reduction. Staff at this time passed out a copy of a survey sent out by ECTV to their members. The Commission adjourned at approximately 9:15 P.M. The next regularly scheduled meeting of the Cable Communications Commission is October 16 at 7:30 P.M. Vince Adamus Staff